New law in BVI to impose fine for withholding census information

TORTOLA, British Virgin Islands, CMC – Legislators in the British Virgin Islands have passed a law that will give the authorities the right to impose fines on persons who refuse to share information during the collection of census data.

The Statistics Amendment Act (2023) allows for fines in excess of US$5,000 to be charged when individuals and businesses refuse to share their information. 

Persons may also be imprisoned.

Director of the Central Statistics Office, Raymond Phillips, recently announced that many are unwilling to share vital data with enumerators who are collecting data for the national census.

During the House of Assembly sitting last week, it was revealed that businesses are also refusing to share vital information as well.

While introducing the legislation, Portfolio Minister Lorna Smith said it is a critical piece of legislation “designed to strengthen the Central Statistics Office (CSO) and enhance the accuracy and reliability of data collection.”

Other legislators rose in support of the bill, stating that they understand the importance of strengthening the CSO so it can retrieve vital data the government needs for decision-making. 

However, Opposition Leader Ronnie Skelton cautioned that some businesses may not be able to pay fines as they may not have made significant profits.

“If you come to my business and tell me that you will charge me $5,000 if I don't give you this information, I haven't even made $5,000. I don't know if it's going to help or be a deterrent to get the information. It needs a different approach to get the information – let them know that if you need the trade license you have to submit this information.,” Skelton said.

Health Minister Vincent Wheatley rose in support of the bill, saying the census information is needed to help the government secure international funding, as stakeholders require the kind of information gathered by the census. 

Without this information, Wheatley said the territory is likely to miss important funding opportunities.

“If you're going to attract donor funding, you've got to have data,”  Wheatley said. “

"Data drives donors.”

Communications and Works Minister Kye Rymer also supported the bill but he said some government agencies also have difficulty sharing vital information and this too must be addressed.

While supporting the new bill, another legislator, Myron Walwyn said the BVI is becoming too punitive and is developing a culture where there's a punishment with every law. 

He said more public education campaigns could have been done to inform residents of the importance of the national census and encourage them to participate.

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