The Hon Mrs Palmavon Webster
Leader of the Opposition
8 January 2015
Dear Mrs Webster,
Interim Stabilisation Levy (Amendment) Act, 2015 (Bill)
Control of Employment (Amendment) Act 2015 (Bill)
Vehicles and Road Traffic (Amendment) Act 2015 (Bill)
Property Tax Act 2015 (Bill)
Thank you for your letter dated 1st January regarding the tax Bills considered by the House of Assembly on 29th and 30th December.
Let me say at the outset that both the UK Government, and I as its representative here in Anguilla, set great store by the Anguilla Constitution Order 1982. In all matters, I hope that my decisions and actions over the past thirty months have demonstrated that commitment. The UK also supports the recent creation of the Constitutional and Electoral Reform Committee. I know FCO colleagues are looking forward to engaging with the Committee?s recommendations at the appropriate time.
Your letter raised a number of points about Section 55(2) of the Constitution. I think Section 55 is perhaps most usefully considered in full, including sub-section (1), as well as alongside the Constitution?s other requirements. Sub-section (1) allows for any member of the House, whether in Government or in Opposition, to introduce bills, motions and petitions for debate in the House. Sub-section (2) then restricts the House from proceeding upon bills which in the opinion of the Speaker relate to tax and Government debt, to „the recommendation of the Governor?. My reading is that one effect of this sub-clause is that money bills can only be proceeded on with the Governor?s recommendation. This is most likely to occur when they are introduced to the House by the elected Government, rather than any other member of the House, because their introduction will have been recommended by Executive Council.
The decisions of Government are approved by Executive Council. In most matters the Governor must act in accordance with the advice of Executive Council pursuant to Section 28(1) of the Constitution (the narrow exceptions to this, which were not applicable in the case of these Bills, are set out in Section 28(2)). The minutes for Executive Council for this reason have at the bottom of each item the following words:
“following discussion in Executive Council and as advised by Council in the terms set out above Her Excellency the Governor directs that the necessary action be taken”.
This language should not, of course, be taken to imply that the Governor – or indeed the UK Government – personally supports every decision that flows from any Executive Council discussion, but rather that in taking the decision, the Governor is satisfied that the requirements of the Constitution have been properly observed.
Ministers in Executive Council considered and agreed the terms of these four money Bills at recent meetings of Executive Council, and proposed them for introduction to the House of Assembly. Given that the constitutional exceptions did not apply, as Governor I was required to act upon the advice of Council to recommend the introduction of the Bills into the House. The minutes of the relevant Council meetings would have made that clear, using the language above. It is perhaps worth adding that there is nothing in Section 55, or elsewhere, that requires a separate or formal written recommendation to be provided by the Governor before the Assembly are able to proceed upon tax or debt-related legislation.
I am therefore satisfied that the above mentioned bills were properly considered by Executive Council and that, in accordance with the advice of Council, an appropriate minute will have been issued in my name recommending that the Bills be introduced into the House.
Yours sincerely,
Christina Scott
Governor of Anguilla
Cc:
Minister James Duddridge MP, FCO
Andrew Rosindell MP
Fiona Mactaggart MP
Michael Potter, FCO
Don Mitchell
Steve McCready
(Published without editing by The Anguillian newspaper.)
