Legal Report by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2016

May it please you my Lady Chief Justice, my Lady Justice Joan Joyner, my Lord Justice Schuster.

I rise at your invitation to move the motion for the opening of the Supreme Court of the Turks and Caicos Islands for the Year 2016.

May I note that since last year’s ceremony, His Lordship Justice Schuster has joined the Supreme Court Bench and the Honourable Magistrate Ms. Kamar Anderson who joined the Magistrates bench on Grand Turk.  We are delighted to welcome them as permanent additions to our Courts. We wish for each of them an enjoyable tenure.  

May I bid farewell to the Honourable Mr. Clifton Warner who departed at the end of 2015. On behalf of the AG’s Chambers, the office of the DPP, the Bar and indeed the Government, I wish to thank him for his many years of dedicated service and wish him well in his future endeavours.

With your leave my Lady I would also like to take this opportunity to remember the passing of an active member of the public Bar Ms. Samantha Williams Glinton who passed away during the course of 2015. 

May I also note the presence of Honourable Resident Magistrate Mr. Hatmin, distinguished guests, the Director of Public Prosecutions, President of the Bar Council as represented by Mr. Jonathan Kattan and Colleagues at the Bar.

I am very pleased to rise to move a motion for the opening of the Supreme Court for the year 2016 following my Lady’s revival of this practice last year. 

With my Lady’s leave I propose in moving the motion, to make a few observations on 2015 as well as a look at some of the work before us for 2016. 

My Lady, in 2015 stakeholders in the legal arena continued the good work and co-operation began in earlier years on a number of key areas designed to foster greater systemic improvements.

My Lady, with your permission, I wish to acknowledge the presence of and thank my Team at the Attorney General’s Chambers, led by Ms. Khalila Astwood and Ms. Desiree Downes for their tireless hard work, dedication and patriotic service to our people.  My Lady, I am pleased to say that 2015 saw the additional legislative drafter in the person of Ms Priscilla Pacquette.  

In the first quarter of 2015, work was completed on the December 2014 Law Revision enabling the Revised Laws to be issued at the beginning of the second quarter of 2015.  Additionally, and for the first time in the history of these Islands the Revised Laws of the Islands are now available online on the Attorney General’s Chambers page on the Government’s website.

My Lady, I am pleased to report that the Legislative Drafting division of my Chambers had another very active year and with the cooperation and involvement of members of the legal profession, associations and the general public a number of important pieces of legislation were progressed.

I am happy to report that a number of significant pieces of legislation were enacted during the 2015legislative calendar to meet the demands of the Government's Legislative Agenda. Of note:

1. Immigration law reform by virtue of a new Immigration Ordinance, new Turks and Caicos Islander Status Ordinance.
2. Small Medium Enterprise Ordinance to encourage local business.
3. An Attorney General's Reference Ordinance to enable questions to be referred to the Court of Appeal
4. New Anti-Domestic Violence Ordinance
5. New Family Guardianship Custody and Access to Children provisions
6. New provision for Child Care and Adoption

In the year ahead work will continue on:

1. Amendments to the Elections Ordinance
2. Amendments to the Political Activities Ordinance
3. New Domestic Insurance provisions
4. New Trust provisions
5. New Trust Companies (Licensing and Supervision) provisions
6. New Prevention of Trafficking in Persons provisions

All of which are completed and expected to be debated in the House during this first quarter, and work will continue on other areas of reform, including drafts seeking to introduce:

7. New Limitation of Actions provisions
8. New Companies provisions
9. New Insolvency provisions
10. New criminal law and procedures reforms
11. New Legal Profession provisions
12. New Anti-Bribery provisions
13. More elaborate provision to provide for the Maintenance of Children 
14. New provisions relating to Child and Juvenile Justice

As for international obligations, during 2015 the Turks and Caicos Islands continued work on the National Risk Assessment of our financial services industry using the World Bank tool, which is a self-assessment ahead of the next round of peer assessments by the Caribbean Financial Action Task Force expected in 2017. I wish to personally thank the members of the Bar and the private sector generally for their participation and ongoing commitment and encourage them to assist in the completion of this work by the middle of this year.  For the first time, the Turks and Caicos Islands through the Attorney General, has been elected as the Deputy Chair of the Caribbean Financial Action Task Force and will assume the Chair of that FATF Style regional Body in November 2016 which includes hosting a regional Plenary.  The Turks and Caicos Islands was also selected by Overseas Territories Attorneys General as the venue for the next meeting of that group later this year.  

My Lady, it is fitting to take this opportunity to publicly recognize and applaud the continuing hard work and dedication of My Lady Chief Justice and the entire judiciary and judicial administration.  On behalf of the Executive and in turn all those persons who live here in the Turks and Caicos Islands who stand under the protection of the Courts, I thank you my Lady Chief Justice and other judicial colleagues for your dedication in patiently ascertaining the often times unclear facts in matters before you; your intellect in developing the law; and your humble approach in the exercise of your judicial discretion.

The judiciary plays an important role in interpreting the law and that the other branches of government should show due respect and understanding of that role is trite but worth reciting.  The importance of that role to the continuity of the systems in our society must be respected by the other branches. 

Respect for the rule of law demands the fair and impartial enforcement of the law. The enforcement of the law without fear or favour is the cornerstone of the rule of law. An effective criminal justice system is a key pillar of the rule of law, as it constitutes the mechanism to redress serious grievances and bring action against individuals for offences against society.  Many of the matters coming before the courts in 2015 demonstrated that no one is above the law. High profile prosecutions brought against former Ministers of Government and senior public officials is evidence of this fact within the Turks and Caicos Islands and whatever the outcomes of such matters, respect for the judicial process is paramount. Like everyone else within our borders, persons in public life must exercise our powers within the constraints of the law, and act in furtherance of the public good. If we do otherwise, we will be held accountable through the law.  Our law enforcement agencies such as the Royal Turks and Caicos Police Force, the Integrity Commission, the Financial Intelligence Agency, prosecuting authorities in the Office of the Director of Public Prosecutions and Her Majesty’s Prison all play an enormous role in the growth and development ongoing in our Islands.

My Lady Chief Justice, I continue to be humbled by the responsibilities of the Attorney General. I am challenged and excited by the myriad of interesting and sometimes surprising issues that arise at work every day. I pledge my support and that of my Team at the Attorney General’s Chambers to continued and enthusiastic support for the judicial system and the rule of law in service of the people of the Turks and Caicos Islands. May the Almighty God abundantly bless our collective pursuits in 2016 and always.

My Lady Chief Justice, I wish you, my Lady Justice Joyner and my Lord Justice Schuster, the Honourable Magistrates Mr. Hatmin and Mrs. Anderson, the Senior Deputy Registrar Mrs. Hatmin and other Court Staff, and all here present, a prosperous and productive New Year. 

I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2016. May it so please you my Lady.

Rhondalee Braithwaite-Knowles, OBE

Hon. Attorney General

11^th January 2016