TCI News
TCI: Hon. Vaden Williams – Contribution to Debate on Status of Children Bill
#Grand Turk, January 29, 2019 – Turks and Caicos –
Good morning Mr. Speaker.
Mr. Speaker, the Status of Children Bill 2018 is among one of several outstanding Family Law Bills that had required further stakeholders consultation.
Over the last several months the Ministry of Home Affairs, along with the Attorney General’s Chambers, the Social Development Department and other stakeholders including the judiciary conducted meetings to review this Bill.
We are here today to present the final product of their hard work, with respect to this particular bill, and Mr. Speaker I want to pause to thank them for their efforts on the collection of family law bills on a whole.
Mr. Speaker, some persons may be asking why are we introducing this bill and what is its purpose of this Status of children Bill
In a nutshell Mr. Speaker we are introducing this bill because it is important for the Turks and Caicos Islands to ensure that all laws relating to children is up-to date and meets the standard of international best practices and conventions.
In addition to this Mr. Speaker, My Government is a Government that is working to protect all of the rights of all of our children.
Hence, the purpose of this bill Mr. Speaker, is to provide equal status to all of children in the Turks and Caicos Islands.
When we use the word status here Mr. Speaker, we are not speaking about immigration status of children. We are talking about how they are treated under the law regardless of whether they are born inside a marriage, or, whether they were born to two un-married parents.
As such, Mr. Speaker, the Bill proposes to repeal the `Legitimation Ordinance and the Illegitimacy Ordinance which overlap with what this bill is trying to achieve. It will also save certain sections as well as modify some parts of the provisions that are saved, to ensure that they match with the policy positions taken by our Government.
Mr. Speaker, I will highlight the issues this bill seeks to address, in five parts in accordance with the five parts of this bill.
PART 1 – Preliminary
Mr. Speaker, Part 1 of the bill simply
- Sets out the meaning or definition of key terms
- states who this bill applies to, and
- protects any related right a child would have had before this bill.
PART 2 – Status of Children
Mr. Speaker, part 2 is seeking to do several things.
- It is seeking to remove labels such as il-legitimate, legitimate, lawful or unlawful that have been pegged on to some children in our society for many generations. Our policy is that there will not be any distinction between children based on the marital status of their parent. Many children have been treated unkindly because of this, and Mr. Speaker I am happy that this caring Government is taking this important step to put the law on their side.
- Another thing that this part provides for, Mr. Speaker, is a list of several types of relationships, which shall be used in law, to determine the natural father of a child unless there is some other proof to confirm that he is not a child’s father. I will not go through the full list now, Mr. Speaker, but I do look forward to the contributions from Members of this Honorable House during the debate, and more importantly, during the Committee of the Whole.
Before I move on to the next part Mr. Speaker, it is important to highlight that this section also propose that we have provisions in our laws, for the very first time, presumptions of parentage based on artificial conception procedure.
Finally, it provides for certain conditions under which the Registrar shall file an instrument in the Registry of Births, when a father acknowledges paternity.
PART 3 – PARENTAGE
This part 3 Mr. Speaker, is making provisions for instances when a person can apply to the court to declare parentage.
It further provides for the court to require a parent test procedure it outlines matters that should be taken into account before a court order is made, and it lists the information that the results from the testing procedure should contain.
Last but not least, Mr. Speaker, it requires the Minister to approve a laboratory for carrying out parent testing procedure and enable the Minister to nominate a reporter for the approved laboratory or lab. This is important Mr. Speaker to ensure that standards are upheld and that personal information is kept strictly confidential.
PART 4 – DISPOSITION OF PROPERTY
Mr. Speaker, if there is one only area that cause strife within a family, is the manner in which property is given to other family members either through gifts or inheritance.
Clause 16 to 19 of this Part 4, Mr. Speaker, totally abolishes the distinction between children born within a marriage and outside a marriage and places them on equal footing for inheriting property, when a parent dies without a will.
We also know that there are cases where parents sometimes make paternity claim after the passing a presumed father. This bill now enables the administrator of a will to make reasonable inquiries regarding the existence of any other person who could claim an interest in the estate of the decease.
It also relieves the administrator of the responsibility to seek more information that he honestly and reasonably thinks is necessary and protects him from action being taken against him if had no knowledge or notice of a potential relationship between a person and the deceased.
It should be noted that Part 4 of this bill Mr. Speaker starts off by ensuring that the earlier provisions regarding wills and gifts that were completed or became effective before this bill, shall continue to be as is, and will not be affected by this bill.
PART 5 – MISCELLANEOUS PROVISIONS
Part 5 is the final part of this bill, Mr. Speaker, and it contains provisions relating to hearings, penalties for failure to adhere to parentage testing or seeking to tamper with tests, existing rights, regulations and repeal.
Mr. Speaker, in keeping with the rights of the child, this Government, my Government, is committed to protecting the rights of every child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment and maltreatment or exploitation.
Mr. Speaker, I look forward to the support of all members of this Honorable House on the Status of Children Bill that is being proposed here today and I now invite them, through you Mr. Speaker, to make their contributions to this very important pieces of legislation
Thank you Mr. Speaker
Her Excellency the Governor is pleased to announce that following an expressions of interest process, and in accordance with Section 5 of the Financial Services Commission Ordinance 2007, Mr Dimaggio Rigby, Mr Geoff Scott and Mr Dennis Swann, have been appointed to serve as Commissioners on the Financial Services Commission Board of directors.
Mr Rigby brings specialist experience in cyber, media, and technology risks. He is currently employed in the City of London as a Cyber Insurance Market Consultant.
Mr Scott is a financial services professional with over 30 years’ successful track record in banking. He currently leads the Bermuda Bankers Association and was, until August 2022, the Chief Executive Officer of the Insurance Cooperation of Barbados Limited (ICBL).
Mr Swann is a Fellow of the Institute of Canadian Bankers. He has expertise in Human Resources and worked for the Bank of Nova Scotia for 12 years. He has previously worked within the TCI FSC.
Commenting on the appointments, the Governor said:
“Following consultation with the Hon. Premier (in his capacity as th
e Minister of Finance) and the Hon. Leader of the Opposition, I have appointed Mr Dennis Swann, Mr Dimaggio Rigby and Mr Geoff Scott respectively, to serve as Commissioners (non-executive directors) on the Board of the Turks and Caicos Islands Financial Services Commission (FSC). I am confident that the combined experience of these three new Commissioners will help ensure the FSC delivers our vision for a technologically advanced financial services sector that is competitive and supports growth, is well regulated while agile and internationally respected.
I would like to thank Mr Keno Forbes for his previous service as a Commissioner.”
The appointments are for a three-year period, beginning in April 2024. Further details on the work of the Financial Services Commission can be found at TCIFSC.
Wednesday, April 17th 2024 – On Monday the 15th April at 11 am, the Turks and Caicos AIDS Awareness Foundation (TCAAF) unveiled their new brand to their supporters, members, the media, government departments and partnering NGO’s. The TCAAF, which is now the Turks and Caicos Health and Wellness Foundation (TCHWF) welcomed everyone to their new office which is oblique to the Edward Gartland Youth Centre, Downtown, Providenciales.
The TCHWF was founded in 2003 and is a registered non-profit organization in the TCI and a registered 501 (c) non-profit in the United States as well. TCHWF will focus on addressing broader health and social issues driven by the intersectionality of health and social factors, and disparities in services in the TCI.
At the ceremony, Dr. Dawn O’Sullivan, who provides medical care to persons living with HIV (PLHIV) through the Foundation and will continue to be the doctor on staff for TCHWF, gave the audience an insight on how the Foundation began. Dr. O’ Sullivan praised the board members, staff and volunteers for the success of the Foundation, which includes building the Edward Gartland Youth Centre. She explained that the rebranding was necessary since HIV is a chronic disease where you can take medication and live a long and healthy life, but support is needed for all persons living with chronic diseases and for the population that feels excluded or stigmatized.
TCHWF will provide holistic care to these populations. The new TCHWF office is comprised of a doctor’s office where patients can have consultations and be treated, and other comfortable spaces where persons can relax and unwind.
Nurse Nora Tyndall briefed the attendees on the services that the Foundation currently offers, such as the donation of a CD4 machine to the government so that patients can know their CD4 count before seeing the doctor. Other services being offered are free medical consultations, improved access to treatment and care, convenient access to medications, food cards, grocery distribution and the provision of formulas to infected mothers who give birth and cannot breastfeed. Nurse Tyndall highlighted that there is an increase in the number of pregnant women living with HIV in the TCI.
The new mandate of TCHWF is “Linking Lives, Transforming Communities”, the Foundation’s mission is to expand its services to connect HIV and non-HIV persons to entities and experts that can address varying needs.
The Executive Director of TCHWF, Anansa Jervis, highlighted the Foundation’s “aim to promote access to quality health services, information and education in the Turks and Caicos Islands.” Mrs. Jervis further explained that this would mean the need to “integrate HIV services and non-HIV services by increasing access to holistic and comprehensive health services needed for PLHIV and persons not living with HIV.” In this regard, the TCHWF intends to provide linkage to:
▪ The cultivation of youth empowerment and the development of life skills
▪ Health, hygiene, education and wellness strategies tailored to the needs of young women
▪ Care and support services for survivors of domestic violence
▪ Mental health, psychosocial services and recovery support services for persons with substance use disorders.
▪ Equitable access to HIV care and support services, addressing disparities.
To achieve these linkages, the Foundation has held discussions with various NGO’s and government organizations to provide the necessary services and support to persons with varying needs.
One of the Board Members of the Foundation, Giovanni Delancy, gave the closing address by expressing thanks to God, the members, staff, media and volunteers for attending the unveiling ceremony. He closed with “we will continue to bring awareness and education to those not only with HIV/AIDS but other STD’s and other diseases. Let us continue to make a difference wherever we go.”
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