About the Discretionary Powers Management System
The Discretionary Powers Management System (DPMS) is a digital platform operated by the Government of the Virgin Islands to ensure transparent, accountable, and lawful exercise of discretionary powers by Ministers and public officials.
Why This System Exists
In 2022, the Commission of Inquiry into Governance in the British Virgin Islands identified significant weaknesses in how discretionary powers were being exercised. The Commission's report highlighted a lack of structured processes, insufficient documentation, and limited public oversight of ministerial decisions.
In response, the Government committed to comprehensive governance reforms, including the development of this Discretionary Powers Management System. The DPMS provides a standardised framework for recording, tracking, and publishing discretionary decisions, ensuring that every exercise of power is documented, justified, and subject to appropriate scrutiny.
This system represents the BVI's commitment to rebuilding public trust through transparency, accountability, and the rule of law.
The 10-Step Framework
Every discretionary decision follows a structured 10-step process, as established in the Government's Guide to the Proper and Lawful Exercise of Discretionary Powers:
- 1
Confirm Authority
Ensure you have legal power to act. Identify the specific legislation, regulation, or constitutional provision that grants the discretionary power. If the power is delegated, confirm the chain of delegation.
- 2
Follow Procedures
Comply with all statutory and administrative requirements. Identify every procedural step mandated by law and confirm each has been followed before proceeding.
- 3
Gather Information
Collect all relevant facts and supporting documents. Consult all available sources of information and identify any gaps that need to be addressed.
- 4
Evaluate Evidence
Assess key facts carefully and objectively. Consider the quality, reliability, and relevance of all evidence. Document any contradictory evidence and how it was weighed.
- 5
Apply Correct Standard
Decide on the balance of probabilities unless a higher standard is required by law. Document which standard was applied and why it is appropriate for this type of decision.
- 6
Act Fairly
Avoid conflicts of interest or improper influence. Declare any personal interest in the matter. Ensure no bias, predetermination, or external pressure has influenced the decision.
- 7
Ensure Procedural Fairness
Allow affected persons the right to be heard. Notify all affected parties, provide them opportunity to make representations, and consider all responses received before deciding.
- 8
Consider Individual Merits
Base decisions on evidence, not precedent alone. Weigh all relevant factors for this specific case. Consider alternatives and document the reasoning for the chosen course of action.
- 9
Communicate Outcome
Inform all parties and explain reasons for the decision. Provide clear written communication including the decision reached, the reasons for it, and any right of appeal.
- 10
Record Decisions
Document reasons and deviations from policy. Create a complete record of the decision including all supporting materials, the reasoning process, and any departures from standard policy with justification.
Published Decision-Making Guidelines
The following criteria are applied when exercising discretionary powers across different decision types. These guidelines ensure consistency, transparency, and lawfulness in all government decisions.
Regulatory
Health, safety, and environmental standards. Decisions must demonstrate compliance with applicable regulatory frameworks and consider public welfare impacts.
Licensing
Qualification requirements and the public interest test. Applicants must meet prescribed criteria and licensing decisions must weigh individual merit against community benefit.
Planning
Land use policy and environmental impact. Planning decisions consider zoning requirements, environmental assessments, and community consultation outcomes.
Financial
Value for money and budget constraints. Financial decisions must demonstrate fiscal responsibility and alignment with approved budgetary allocations.
Appointment
Merit-based selection and equal opportunity. Appointments must follow transparent selection processes and demonstrate that candidates were assessed on merit.
Policy
Evidence-based analysis and public consultation. Policy decisions must be grounded in research, stakeholder engagement, and consideration of alternatives.
Enforcement
Proportionality and consistency. Enforcement actions must be proportionate to the offence and applied consistently across similar cases.
Crown Land
Allocation and management of Crown land under the Crown Lands Ordinance. Decisions must consider land use policy, community benefit, and environmental impact.
Belongership
Grants of Belonger status under the Immigration and Passport Act. Applications must be assessed on individual merit with consistent application of statutory criteria.
Immigration
Residency permits, visa approvals, and immigration status decisions. Must comply with immigration legislation and consider individual circumstances and public interest.
Trade Licence
Business and trade licence approvals. Applicants must meet prescribed requirements and decisions must consider economic impact and regulatory compliance.
Work Permit
Work permit grants and renewals under the Labour Code. Decisions must balance labour market needs with protection of local employment opportunities.
Customs Exemption
Customs duty exemptions and waivers. Decisions must demonstrate clear policy justification, fiscal responsibility, and equitable treatment of applicants.
Environmental
Environmental permits, conservation orders, and impact assessments. Decisions must consider ecological sustainability, public health, and compliance with environmental legislation.
Maritime
Vessel registration, port authority decisions, and maritime permits. Decisions must comply with maritime legislation and international conventions applicable to the BVI.
Governance Reform Compliance
This system implements key recommendations from the 2022 Commission of Inquiry into Governance in the British Virgin Islands. The Commission's report identified the need for systematic oversight of discretionary powers and recommended comprehensive reforms to restore public confidence.
The DPMS directly addresses the following Commission recommendations:
Recommendation A3: Published Guidelines
The government shall publish clear guidelines for the exercise of discretionary powers. This system serves as the primary mechanism for publishing and enforcing those guidelines through the 10-step decision-making framework.
Documented Reasoning
Every discretionary decision recorded in the DPMS includes a complete account of the reasoning process, the evidence considered, and the factors that led to the final outcome.
Complete Audit Trail
The system maintains a cryptographically secured, tamper-evident audit trail using SHA-256 hash chaining. Every action taken on a decision is permanently recorded and verifiable.
Public Transparency Portal
Approved decisions are published on this public portal, allowing citizens to review how discretionary powers are being exercised across government.
Judicial Review Mechanisms
The system supports judicial oversight by providing authoritative records that can be examined by the Eastern Caribbean Supreme Court when decisions are challenged.
The BVI Government has implemented 46 of the Commission's 48 recommendations. The DPMS is a central component of the governance reform programme, demonstrating the Territory's commitment to transparency, accountability, and the rule of law.
Your Rights
Decisions recorded in this system can be challenged through judicial review. The courts may review a discretionary decision on the following grounds:
Illegality
The decision-maker did not have the legal power to make the decision, or misunderstood or misapplied the law.
Irrationality
The decision was so unreasonable that no reasonable decision-maker could have reached it (Wednesbury unreasonableness).
Procedural Impropriety
Required procedures were not followed, or the rules of natural justice (such as the right to be heard) were breached.
Proportionality
The decision imposed a burden or restriction that was disproportionate to the aim being pursued.
The complete audit trail maintained by the DPMS supports transparent judicial oversight by providing an authoritative record of how each decision was made.
How to Request Information
Members of the public may request additional information about published decisions or the decision-making process. Requests can be made through the following channels:
Email: transparency@gov.vg
Post: Government Information Office, Central Administration Complex, Road Town, Tortola, British Virgin Islands
Telephone: +1 (284) 468-2000
Information requests are processed in accordance with applicable freedom of information legislation. Please allow up to 20 working days for a response.
Frequently Asked Questions
What is a discretionary power?
A discretionary power is the authority given to a Minister or public official to make decisions based on their judgement, within the bounds of the law. These decisions affect individuals, businesses, or communities and must be exercised fairly and lawfully.
Why are decisions published on this portal?
Publishing decisions promotes transparency and accountability. It allows the public to see how discretionary powers are being exercised and to verify that proper processes were followed.
Are all government decisions published here?
No. Only decisions involving the exercise of discretionary powers that have completed the 10-step framework and been approved for publication are shown on this portal. Some decisions may be withheld for reasons of national security, personal privacy, or ongoing legal proceedings.
Can I challenge a decision shown on this portal?
Yes. If you are directly affected by a decision, you may be able to seek judicial review through the Eastern Caribbean Supreme Court. Legal advice should be sought before commencing any proceedings. See the Your Rights section above for more information.
What does each step in the framework involve?
Each step ensures a different aspect of lawful decision-making is addressed — from confirming the legal authority to act, through gathering and evaluating evidence, to communicating the outcome and maintaining records. The full framework is described above.
Related Resources
- Government of the Virgin Islands Official Website — gov.vg
- BVI Commission of Inquiry Report (2022)
- Guide to the Proper and Lawful Exercise of Discretionary Powers
- Eastern Caribbean Supreme Court — eccourts.org
- Browse Published Decisions