Senator Jonathan Wehner used his maiden Senate contribution to highlight a legislative gap he says leaves informally fostered children unprotected under proposed bereavement law. According to Antigua.news, Wehner raised the issue during debate on the Fatal Accidents Bill 2026, arguing that Clause 4 of the bill, which governs bereavement damages, excludes children taken into households without formal adoption — despite the bill's broader definition of "dependent" in Clause 2 appearing to cover them.
"We live in a society in the Caribbean where we say a village raises a child," Wehner told the chamber. He cited the late MP for St Mary's South, Hilston Baptiste, as an example of someone who had cared for many children across the south of Antigua without legally adopting them, noting that similar informal arrangements remain common today, often involving orphans or children whose families have not assumed responsibility for their care.
"Clause four, bereavement, excludes such minors, such children who are neither adopted, who are not blood relatives, from being afforded any bereavement damages," Wehner said, challenging the Senate over whether it intended to knowingly pass legislation that left such children without recourse.
"I hope that we are compassionate in this house. We see the needs that we have reflected in our society, and we show some consistency from the same legislation that the government would have been bringing to this house," he added.
Wehner urged the leader of government business to address the inconsistency at the committee stage rather than defer it to a future amendment. "All we're asking for is for clause four to reflect what is provided for in clause two," he said, adding that the public would understand and welcome the change if the bill were returned to the House to include the provision.
The senator also raised concerns about the $20,000 cap on bereavement damages, arguing it should be built into the legislation with an incremental adjustment mechanism to avoid senators having to revisit the bill in future years. "Let us now make the amendment here that you don't have to come to amend the bill," he said.
During the committee stage, the legal drafter provided clarification on the bereavement provision, noting that it does not limit the court from awarding other forms of damages, but that bereavement damages specifically constitute a one-time payment available to grieving parents, spouses, and children.
