Government Issues Guide on Discretionary Powers
The Government of the Virgin Islands has published A Guide to the Proper and Lawful Exercise of Discretionary Powers in the Virgin Islands, a new fact sheet and policy guide to promote lawful, accountable decision-making across the public service. The guide explains how discretionary powers operate under Virgin Islands law, offers practical statutory examples, introduces a 10-step decision-making approach, and outlines avenues for judicial review (Government of the Virgin Islands).
The Government of the Virgin Islands has released A Guide to the Proper and Lawful Exercise of Discretionary Powers in the Virgin Islands, a new fact sheet and comprehensive policy guide designed to strengthen the proper and lawful use of discretionary powers across the public service (Government of the Virgin Islands).
Discretionary powers allow Ministers, public officials and statutory bodies to choose among courses of action where the law does not prescribe a single mandatory outcome. The Government notes these powers are commonly indicated in legislation by terms such as 'may,' 'if the Minister is satisfied,' or 'it shall be lawful', and are essential for addressing complex issues where a one-size-fits-all rule would not work (Government of the Virgin Islands).
Mrs Michelle Donovan Stevens, Strategy and Policy Development Lead in the Premier's Office, said discretionary powers 'play a vital role in enabling officials to address complex issues in areas such as employment, education, healthcare, the environment and public infrastructure.' She added that 'because the Legislature cannot legislate for every possible circumstance, these powers provide the flexibility needed for effective administration' (Michelle Donovan Stevens, Premier's Office).
The guide explains how discretionary powers operate within Virgin Islands law and uses illustrative, practical examples drawn from local statutes — including the Telecommunications Act 2006, the Land and House Tax Act, and the Physical Planning Act 2004 — to show how discretion is applied in real-world decision-making (Government of the Virgin Islands).
To assist public officers in making transparent and defensible decisions, the publication introduces a 10-step approach aimed at producing sound, accountable and well-documented outcomes. Key steps include following statutory procedures, assessing the merits of each case, avoiding bias, ensuring procedural fairness, and recording the reasons for decisions.
These measures are designed to improve consistency across departments and build public confidence in administrative choices (Government of the Virgin Islands). The fact sheet also outlines avenues for accountability. Discretionary decisions may be challenged in court and are subject to judicial review where they are alleged to be unlawful, unreasonable or procedurally unfair.
The guide is positioned both as an operational tool for public officers and as a resource for members of the public who want to understand how decisions that affect them should be made (Government of the Virgin Islands). Residents and public officers are encouraged to read the guide, which is available on the Government website at https://gov.vg/service-details/understanding-legal-discretionary-powers.
For general government enquiries call the Government switchboard at (284) 468-3701 or WhatsApp 1(284) 468-9760. For media or further information the Premier's Office listed Information Officer Angela U Burns, Tel: +1 284 468 9445, Email: aburns@gov.vg; for international media enquiries the Government gives BVIGovernment@dgagroup.com (Government of the Virgin Islands).
The Government reiterates its commitment to promoting good governance and the sustainable development of the Territory, with the Premier's Office serving as the focal point for coordinating cross-sectoral policies and programmes to ensure a well-informed, prosperous, cohesive and stable society (Government of the Virgin Islands).
Primary source: BVI Government