Landmark Court Decision on Opposition Leader (DMMO) Judicial Review Application    

#TurksandCaicos, December 15, 2023 – Minister of Tourism, the Honourable Josephine Connolly, is welcoming the Supreme Court’s ruling against the Honourable Leader of the Opposition and his Appointed Member in the House of Assembly (“the Applicants”) denying them leave to file judicial review.

The Applicants sought a judicial review against the Minister of Tourism, the Premier, and the Speaker of the House regarding the introduction of two Bills; the Tourist Board (Dissolution Ordinance) and the Destination Management Fee Ordinance. Their Challenge concerned the Honourable Minister of Tourism’s presentation of the respective Bills to the House without embarking on proper consultation and also the decision of the Speaker of the House to allow the motion by the Honourable Premier to three readings of the Destination Management Fee Bill and the Tourism Regulation and Licensing Bill in one sitting.  The Applicants also took issue with the decision of the Honorable Premier to accept the recommendation of the Government to dissolve the Tourist Board in favour of a Destination Management Organisation.  Among the various reliefs sought was an order quashing the Turks and Caicos Islands Tourist Board (Dissolution) Ordinance 2023 and the Destination Management Fee Ordinance 2023.

 The Minister of Tourism, Honourable Josephine Connolly emphasised that “establishing Experience Turks and Caicos, the Destination Management and Marketing Organisation (DMMO), was the right decision for the Turks and Caicos Islands. The Court’s decision provides certainty around the legal framework and supports the ongoing implementation of this new framework which is significant and timely.  I believe that Experience Turks and Caicos will propel the Turks and Caicos Islands’ tourism to unprecedented economic growth as the government remains committed to the country’s development,” she said.

The Honourable Minister also expressed her gratitude to “the Honourable Attorney General and the members of her Civil Litigation team for presenting such a robust defense of these proceedings on behalf of the Government and the Speaker of the House of Assembly. The Attorney General’s Chambers’ diligence, legal acumen, and dedication to upholding fundamental constitutional principles have contributed to this favorable outcome.”

The substantive hearing for leave to apply for judicial review was held on November 17^th, 2023 before his Lordship Mr. Justice Chris Selochan. The oral judgment was clearly and concisely delivered on Monday, December 11^th, 2023.

In delivering its judgment, the Supreme Court, considered the submissions raised by the Attorney General’s Chambers on behalf of the Government, including that:

• the Court lacked jurisdiction to inquire into the matter given that the decisions under challenge were taken in the House of Assembly;
• the delay of the parties in seeking leave only after the Bills had become law;
• the failure of the parties to seek alternative remedy in the House of Assembly;
• there was no realistic prospect of success; and
• the Applicants had no locus standi.

Regarding the power of the Supreme Court to quash an Ordinance, the Court ruled as it relates to primary legislation that it does not have the power to do so. The Court noted that there was no claim that the decisions were inconsistent with the Constitution and even if they were, the Court could only make a declaration.