Contractor General Not Entrenched Constitutionally
The House of Assembly has rejected a proposal to entrench the office of the Contractor General in the BVI Constitution. The Contractor General Act remains uncommenced years after it was passed, leaving the oversight post inactive and its independence unprotected.
The House of Assembly has declined to entrench the office of the Contractor General in the Constitution, a move that leaves the oversight role without constitutional protection and the enabling law uncommenced years after it was enacted. Entrenchment would have made the office part of the Constitution rather than ordinary legislation, giving it stronger legal safeguards against political interference and making it harder for future governments to alter or remove.
With the measure rejected, the Contractor General position remains governed only by statute — and, crucially, by an act that has not been brought into force. The Contractor General Act was designed to create an independent oversight office with responsibility for monitoring public procurement and contracts to promote transparency and prevent corruption.
For residents of the British Virgin Islands, oversight of public contracts is an important governance issue given the territory’s reliance on public works and service contracts for infrastructure, healthcare, and tourism-related projects. Because the Act has not been commenced, no appointment has been made and the intended office is not operating.
That gap means there is currently no statutory Contractor General exercising the powers set out in the law, leaving a potential oversight void over procurement processes that many stakeholders say should be independent and visible to the public. Supporters of entrenchment have argued that constitutional status would bolster the office’s independence and public confidence.
Opponents of constitutional entrenchment have raised concerns in other jurisdictions about the rigidity of removing or amending constitutionally protected offices, though specific reasons cited in the House debate have not been publicly detailed in full. The rejection leaves open several paths: lawmakers could reintroduce a different model of statutory protections, commence the existing Act as written, or pursue other reforms to procurement oversight.
For residents and businesses that interact with government contracts, the decision means continued uncertainty about when and how robust independent oversight will be established. Government ministers have yet to provide a clear timetable for the commencement of the Contractor General Act or for alternative measures to strengthen procurement oversight.
Civic groups and transparency advocates are likely to press for clarity and urgency so that public contracting in the BVI can operate with greater accountability and public trust.
Primary source: BVI Platinum