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TCI: Press Statement from the Leader of The Opposition – Boomerang Politics

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#Providenciales, July 25, 2018 – Turks and Caicos

OFFICE OF THE LEADER OF THE OPPOSITION

N.J.S. Francis Building

Pond Street, Grand Turk, Turks and Caicos Islands

Telephone: (649) 338-3706, Email: cwmisick@gov.tc

Providenciales Turks and Caicos Islands – July 24, 2018 

Press Statement from the Office of the Leader of the Opposition

 

Service Charge and Boomerang Politics.

The following opinion by the Leader of the Opposition appeared in Volume 31 No. 26 page 10 of Turks & Caicos Weekly News – see link

https://issuu.com/tcweeklynews/docs/july_1-7__2017_-_all_pages.

 

Service Charge Debate – Deceit or naivety 

The confusion around the equitable distribution of what has become known as ‘service charge’ is caused by a combination of the inexcusable deceit and naivety by some politicians who have misled hospitality workers and the public for their own ends.  On this issue, the Premier prevarication is most offensive to a block of voters who she unequivocally pledged to ensure that 100% of the service charge is given. Since it is now clear that she has wised up to the fact that that promise was impractical, and not one that she can deliver – the poetry of campaign must now give way to the prose of governing. That requires a clear policy decision anchored in legislation.

The truth is that today’s ‘service charge’ defined in the Ordinance as ‘Any amount of money charged over and above the price of accommodation in a hotel, or the selling price of a meal or intoxicating liquor or beverage purchased by a customer, for service to a guest or customer, in a hotel or restaurant, but does not include any tax to be paid under any ordinance’ is an amalgamation of two add-ons to the published rates for the provision of hospitality services provided by some establishments prior to January 2004. In any case there were no obligations by establishments to collect or pay neither gratuity nor service charge to employees; and in fact, all-inclusive properties did not collect nor pay gratuity to employees before 2004.

To remove subjectivity from the system the Ordinance made it mandatory that all-inclusive properties levy and pay a 10% service charge to their employees.  At the same time, recognizing the practice of other categories of hotels (that levied a 10% charge broken down into a 6% gratuity and a 4% resort fee) it left it to the discretion of management of the individual hotels to collect a service charge.  However, the Ordinance does provide that if a service charged is collected 60% must be paid to employees. This reasoning is flawed – unless of course those establishments levy a charge sufficiently above 10% so that the 60% equate to the rate paid by the all-inclusive.  Considering that all employers are required to pay the minimum wage whether all-inclusive or otherwise, and assuming parity of wage rates and other benefits across categories of employment obtains those persons working in non-inclusive hotels may very well be at a disadvantage.

The existing legislation is clear that the service charge levied by non-all-inclusive hotels is intended to be shared at minimum in the ratio 60:40 to employees and the business – reflecting the practice of many hotels at the time the ordinance was introduced. Establishments that are not adhering to the law are committing an offence. On the other hand, there is much confusion over the definition of the terminologies: gratuity, service charge and tips.

It is therefore necessary to contextualize the argument and suggest possible solution by defining the terms. Gratuity (tip) “a voluntary payment by patrons to service professionals as an expression of gratefulness for extraordinary service”. Albeit the subjectivity of the judgement of patrons impacts the aggregate amount of gratuity available to be shared among the staff.  While a service charge is also additional payment on a service provided by a service professional it is mandatory rather than elective and may or may not deliver additional pay to the service professional who provides the service unless required by law.

In my view, the provision of hospitality services is a profession like any other, and it is right that it should not be left up to the discretion of patrons or hotel operators to, effectively set the pay for hospitality employees. Therefore, the idea of legally establishing an add-on to guests bills ringed fenced for hospitality workers is reasonable.  On the other hand, a cover charge to a hospitality service establishment is standard in the industry; additionally, in a high-end tourism destination where customized service is demanded the level of hidden cost to a business is high; Allowance should also be made for non-cash benefits to employees including meals, transportation, uniform and training. Under those circumstances businesses not only earn a legitimate claim to a portion of the service charge but it is necessary for them to compete and prosper. We must remember that our survival depends on our ability to compete.

Finally, the current range of service charge in the TCI varies from 10% to 18% depending on the establishment – with all-inclusive properties pegged at 10% of which 100% goes to the employee.  It therefore stands to reason that the amount paid to employees ought to be synchronized at an effective rate of 10% across categories of properties.  This effective rate may be achieved through benefits in cash and kind. A commonsense compromise among all stakeholders encourages productivity, improve customer satisfaction and improves the bottom line of the business.  Employees should not have to wait until Christmas for the necessary adjustment. The necessary amendment to the legislation to achieve a win-win solution should be done imminently.

Stifling of debate by the majority on issues it deliberately misrepresented does not of itself dispose of the problem, especially one that relates to the life-blood of the economy and the livelihood of people they purport to represent. Tourism and the welfare of hospitality workers should never be treated as a game of cricket. While I understand that the Premier faced batting from a self-inflected sticky wicket it is disappointing that she pulled up her stumps instead of defending her wicket.

 

Boomerang Politics

Fast forward to July 2018 the Premier created a smoke screen to walk back her ridiculous promise when in fact little will change for the hospitality worker, except now the discretion levy a service charge is remove and replaced with a legal obligation to do so. There will be no real appreciable change in the take home pay of an employee. The share of the service charge paid to employees by an establishment now applying a service charge of 15% to its bills, the proceeds of which is split 60:40 equates to 9% of the total bill; by the same token, an establishment charging 18% service charge pays its employees 10.8% of the total bill. Under the government’s proposal employees in the 15% scenario gets an uplift of 1% and employees in the 18% scenario losses 4/5th of 1%

The decision by the Government to cast in legislation a common rate for participation by all hospitality workers adapts my opinion in July 2017 and is the right thing to do. The bill is otherwise unnecessarily intrusive and in principle interferes with the invisible hands of the free market to the extent that it seeks to restrict what individual operators can charge for adding extraordinary value to their service delivery. This makes the assumption that service quality is homogeneous and it encourages the commoditization of the service that otherwise thrive on differentiation.

Without making the poacher the game-keeper, the Government having waited this long should take seriously the advice of all stakeholders including operators, customers and workers to ensure unintended design flaws do not negatively impact the industry causing another boomerang effect.

 

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Crime

Human Trafficking Probe Revealed as Police Warn of Growing Teen Crime Concern

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Deandrea Hamilton | Editor

Turks and Caicos, June 23, 2026 – A police briefing intended to update the public on crime trends in the Turks and Caicos Islands instead exposed what may be one of the most significant criminal investigations currently underway in the country.

When questioned about the June 14 shooting on Bible Street, Police Commissioner Fitz Bailey revealed that the incident stemmed from an anti-human trafficking operation during which 12 women believed to be victims of human trafficking were rescued by law enforcement.

“The officers were engaged in an anti-human trafficking operation… 12 females were rescued or victims of human trafficking were rescued, and they are in our care and that investigation is advanced,” Bailey told reporters.

The revelation stunned many who had linked the Bible Street shooting to other recent violent incidents, including the June 12 murder in Five Cays. However, the Commissioner indicated the confrontation was connected to the anti-human trafficking investigation, though he declined to provide further details due to the sensitive nature of the ongoing case.

More than a week later, authorities continue to maintain that the investigation remains active. Magnetic Media has confirmed with police officials that no arrests have yet been made in connection with the alleged human trafficking operation.

The Commissioner also sounded the alarm over what appears to be an emerging trend involving teenage boys and serious criminal activity. In discussing recent incidents, Bailey suggested that some young offenders are operating within organized criminal networks and warned that law enforcement alone cannot solve the growing problem.

“My experience tells me that once they reach a threshold it is very difficult to bring them back,” Bailey said. “The social agencies will have to get involved. We have to find a way to reach these unattached youth and to engage them and to create that positive reinforcement in their life.”

Despite those concerns, Bailey reported that overall crime in the Turks and Caicos Islands continues to trend sharply downward.

According to police statistics presented at the briefing, murders have fallen from 13 at this point last year to just one in 2026, representing a 92 percent reduction. Attempted murders have fallen by 100 percent, kidnappings by 75 percent, robberies by 34 percent, aggravated burglaries by 22 percent, firearm possession offences by 50 percent and incidents involving the discharge of firearms by 85 percent. Police reported that nearly every major category of serious crime has declined compared to the same period last year.

The lone murder recorded in the Turks and Caicos Islands for 2026 occurred on June 12 in Five Cays. While no arrest has been made in that case, the Commissioner indicated that investigators believe they know who is responsible.

“I am convinced and I am positive that the perpetrator is a teenager,” Bailey stated.

The press conference was held at Police Headquarters in Providenciales.

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Crime

Rape Only Major Crime Category to Increase in Turks and Caicos

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Deandrea Hamilton | Editor

Turks and Caicos, June 23, 2026 – While nearly every major category of serious crime is trending downward in the Turks and Caicos Islands, police statistics reveal one troubling exception: rape.

Speaking during a press conference at Police Headquarters in Providenciales, Police Commissioner Fitz Bailey reported a five percent increase in rape cases compared to the same period last year, making it the only major crime category to record an increase in 2026.

The increase comes as police celebrate dramatic reductions in murders, attempted murders, kidnappings, robberies and firearm-related offences.

However, Bailey cautioned that the statistics surrounding rape cases are often more complex than they initially appear.

Responding to a question from the media, the Commissioner explained that some complainants report rape but later choose not to support police investigations. In other cases, the alleged offender is known to the complainant, creating additional challenges for investigators.

“We have some of those reports where persons make allegations which have not been proven because they will come and say they have been raped, but they do not support an investigation,” Bailey explained.

The Commissioner stressed that police are required to document and investigate all reports made to law enforcement, regardless of whether a complainant later decides not to proceed.

“Once you make a report, we have to record it and we have to fulfil our obligation,” he said.

Bailey also noted that in many reported cases, the alleged perpetrators are individuals known to the complainants.

While acknowledging that some reports may ultimately not result in charges or convictions, the Commissioner emphasized that every allegation must be treated seriously and investigated appropriately.

The figures underscore an ongoing challenge for law enforcement and social service agencies as the Turks and Caicos Islands continues to work toward reducing violence and protecting vulnerable members of the community.

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News

Beaches Turks & Caicos wrapped up another successful Provo Men’s Premier League season  

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PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks and Caicos continued its strong commitment to sports development in the Turks and Caicos Islands with its sponsorship of the 2025/2026 Provo Men’s Premier League, a partnership that has significantly elevated the competition for a second consecutive year.

The season, which saw an increase in participating teams and heightened competitiveness across the league, has been widely regarded as one of the most successful in recent years. The top honours were shared between two of the league’s most dominant sides, SWA Sharks FC and Academy Eagles FC, both delivering consistent and high-level performances throughout the campaign.

Turks and Caicos Islands Football Association (TCIFA) Technical Director Dane Ritchie highlighted the critical role Beaches Turks and Caicos played in strengthening the league’s structure and overall quality.

“The sponsorship from Beaches Turks and Caicos for the second year helped tremendously in making the competition a success,” Ritchie said. “This season we were able to have a more structured programme with the inclusion of youth talents coming to the fore, as well as the improvement of the coaching staff for the different teams being certified by Concacaf.”

Ritchie noted that the enhanced organisation of the league created more opportunities for emerging players, while also raising the standard of coaching and match preparation. The integration of youth talent into senior teams was particularly impactful, signaling a positive shift toward long-term player development within the territory.

Provo Men’s Premier League President Patrick Baptiste echoed these sentiments, describing the season as a milestone for both football and youth advancement in the Turks and Caicos Islands.

“This was a very good year for football and youth development,” Baptiste said. “We were able to overcome a few challenging moments, but the overall grade for this season is an A.”

Baptiste emphasised that the continued support from Beaches Turks and Caicos has been instrumental in driving the league forward, providing much-needed financial backing and stability.

“With a title sponsor like Beaches Turks and Caicos providing the financial support again for this season, we are grateful,” he added. “We have come a far way and we still have a way to go, but the TCIFA team has been charged to continue to be creative in our marketing and being more inclusive in how we seek to showcase the talents of the TCI.”

Beaches Turks and Caicos Resort General Manager Deryk Meany also expressed satisfaction with the partnership and the overall progress of the league.

“Our commitment to youth development and the growth of sports and community throughout the TCI is of paramount importance to us as an organisation,” Meany said. “We are satisfied with this partnership and being the main sponsor is a major accomplishment for the resort. We are happy to have fielded a team this season that was placed fourth in the knockout round of the competition. We are seeking to continue to provide growth for our team members as well as the development of talent throughout the TCI.”

The 2025/2026 season also reflected broader efforts to professionalize football operations locally, including improved scheduling, officiating standards and fan engagement initiatives. Matches drew increased attendance, while community interest in the sport continued to grow, particularly among young athletes aspiring to compete at higher levels.

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