Will Courts deliver INJUNCTION?  PDM files Judicial Review on DMMO Bill

Dana Malcolm

Stuff Writer, 

#TurksandCaicos, July 17, 2023 – The Opposition PDM Party has filed a judicial review against the Tourist Board Dissolution Bill and the establishment of the Destination Marketing and Management Organization (DMMO) citing a lack of consultation. It’s a dramatic turn of events, announced during a July 13 press conference, as part of a well documented difference of opinion on the future of Tourism; the PDM vehemently oppose the introduction and passage of the Bill.

“We have now taken the decision that in the interest of justice – we have instructed council today (July 13) to proceed with serving notice to file judicial review regarding the dissolution of the tourist board, and also in relation to the process in which the government has proceeded with the implementation of the DMMO.”

Alvin Garland, Appointed Member of the Opposition, who is also an attorney made the revelation in response to Magnetic Media questions. The decision was prompted by the passing of the dissolution bill in a single sitting of parliament which would not have allowed room for consultation, the PDM party says.

“We have not been given ample opportunity to peruse the legislation or have any kind of consultation with our party, supporters, and in particular constituents of the Turks and Caicos Islands,” Garland said as he accused the government administration of rushing the controversial Bill.

He also maintains that it was contrary to the standing orders of the House, which he pointed out to the Speaker, but the bill was still allowed to move through the House, in protest the Opposition did not participate in debating the bill and have now moved to take even more serious action.

According to English law as defined by Wikipedia, ‘a Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body.  A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King’s Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body.’

The PDM is  confident that the party has firm grounds.

“Our constitution clearly states that the government for persons acting on behalf of the government must be lawful, rational, proportionate, and fair. The Judicial review is based on whether or not the decisions of a public office were reasonably fair, rational or proportionate. The grounds that we are going to be filing on in regards to the tourist board is that we believe there was no proper it- or any consultation conducted.”

The House of Assembly decision to allow the Bill to go through all three readings at once, will also be under scrutiny as grounds for judicial review.

“We continue to believe that it was not a fair process, not just to the opposition as the minority in the House but to the Turks and Caicos Islanders, who have their concerns,” Garland maintained.

Edwin Astwood, Leader of the Opposition has on multiple occasions, denounced the dissolution of the tourist Board as a poor decision and promised to advocate for residents regarding the issue.

The PDM did not say whether they were seeking an order to block the Dissolution of the Board but based on their well documented opposition to the process that could be possible.