January 27, 2017
Hon. Baroness Anelay
Minister of the Overseas Territories,
Foreign and Commonwealth Office
1 King Charles Street,
London SW1A 2AH
Dear Baroness Anelay,
Disallowance of Ministerial Reassigments
Let me once more commend you on the excellent work you have done over the past months since you took up the position as Minister for the Overseas Territories. We recognize that in your larger role as FCO Minister you have many more burdensome and important issues to manage besides those of a 35 square mile island of 15,000 people. Your attitude and approach to dealing with Anguilla has made us feel special.
We are also aware that, for the most part, your information about our island, derives principally from the Governor’s Office. And rightly so! The nuances of day-to-day matters relating to governance and politics are as a consequence seen through that prism. We are therefore acutely aware that any issues that we may now raise may have already been shared with you. As we say in Anguilla, you may already have had that side of the story.
As I said to you in London as well as in Anguilla the Governor and I have an excellent relationship. That relationship must not change. And you would have also observed from my interventions and presentations at the Joint Ministerial Council, which you so ably chaired, that I am brutally frank and forthright in defence of issues affecting Anguilla. I always make my position as clear as possible without “sugar-coating” — yet without any intended disrespect.
Madame Minister, there is a constitutional crisis brewing in Anguilla. It has the potential to sully the entire tenure of our Governor, Her Excellency Ms. Christina Scott. It is my view as well as that of my entire Cabinet that this is a rather stunning and puzzling development. I have attached copies of the correspondence between the Governor and I — that will provide you with the background and context of this issue. However, I will drill down to the underlying principles of the issue rather than challenge the constitutional basis for her decision.
No one questions the Governor’s right to exercise certain provisions of the Constitution in a major political crisis. But in the normal day-to-day management of “things”, to do so would seem tantamount to flaunting her perceived authority. The basic principle here, Madame Minister, is that the duly elected Government led by the Chief Minister has the incontrovertible right to reshuffle its Cabinet. In your system it would certainly be unacceptable for any Senior Civil Servant (however lofty that office may be) to have the authority to overrule such a fundamental right of the Prime Minister.
In a colonial system, such as we have, we understand the rationale for certain provisions in the Constitution that affords the Governor powers, that he/she may exercise in circumstances where “all hell is breaking loose”. I have noted that you are very discerning person — and so you would have naturally observed during your recent visit that such is not the case in Anguilla.
Given these circumstances, we are of the view that the Governor has crossed the line, established through the separation of powers, to venture into the internal management of my team of elected representatives of the people of Anguilla. The intention of Section 27(1) of the Constitution of Anguilla can certainly not be to allow the intervention of the Governor into the strategic management of my Cabinet or any other Cabinet of Anguilla.
Madame Minister, in my 37 years of active politics in Anguilla, I have never interfered in public service appointments. Neither do I recall any Governor overruling this “sacred principle” that affords the Chief Minister the right to make strategic decisions on the assignment of portfolios within his Cabinet.
Madame Minister in the brief eighteen months that I have served as Chief Minister of Anguilla I have worked with at least three different OT Ministers. I am confident that these assignments were not made by the UK Civil Service. I am certain that they were made by the Prime Minister, after consultation with his colleagues and advisers. We do it that way as well.
I therefore reiterate my strong view that the Governor has crossed the line — that “sacred Maginot” of Westminster Style Government. We do not accept her decision — neither will we accept any compromise to the principled position on which we stand. Madame Minister, I consider the Governor to be unwise — given my view that it may leave a stain on the favourable rating she has enjoyed to date. And I fear that because of our excellent relationship I take no pleasure in appealing to you to intervene in this matter. And so I am moved to quote the late Dame Bernice V. Lake Q.C, an Anguillian born and bred Constitutional luminary of great renown, and who in fact draughted the earliest Anguilla Constitution. She said to me during a period of negotiations on a principled matter, and I quote: “Mr. Banks I love peace — but I am comfortable with war when it is in defence of a sound principle.”
Madame Minister, you have kindly invited me to participate in the Overseas Territories Consultations on BREXIT in London next month. In the unfortunate circumstances that this matter remains unresolved at that time — let me now submit a request for a bilateral discussion during the margins of that meeting. At any rate, even if this is no longer an issue it would wonderful and useful to meet with you, nonetheless.
I must reiterate my thanks to you for your genuine interest in Anguilla. I am copying Her Excellency the Governor, Ms. Christina Scott on this correspondence.
With best wishes.
Yours truly,
Victor F. Banks
Chief Minister
