Mr. John McKendrick QC & Mr. Jan Spaans18
Two top officials in French St. Martin and Dutch St. Maarten, in positions of influence and credible information, have allayed fears among Anguillians that they will require visas to enter those territories after the United Kingdom leaves the European Union (Brexit).
The officials are Mr. Yves Paillard, Prosecutor of French St. Martin and Mr. Jan Spaans, Solicitor General of Dutch St. Maarten. They were at the time replying to questions from media representatives in Anguilla, on Tuesday, June 12, following a tripartite top level Criminal Justice meeting on the island earlier that day. The meeting was arranged by Anguilla’s Attorney General, Mr. John McKendrick, QC.
Responding to a question about the consequences of Brexit, should the United Kingdom leave the European Union, Mr. McKendrick, speaking ahead of the two visiting officials, said:
“I think the happy consequence is that, if the United Kingdom does leave the European Union, the impact on our formal criminal justice cooperation will be almost non-existent. Because of the manner in which the United Kingdom engages with the European Union on Home Affairs and Criminal Justice Policies, there will be very little impact. In any event, it is important to know that European Law doesn’t apply to either Anguilla or St. Maarten. It very much applies to the French half of the island, but between us we cannot see any negative consequences for criminal justice cooperation or law enforcement intelligence sharing if the UK does leave the EU.”
Asked whether he thought residents in Anguilla and the neighbouring French and Dutch territories were getting enough information about Brexit, Mr. McKendrick replied:
“That’s one of the reasons we arranged to meet today, and other reasons why we felt we should have the press attend because many people have misconceptions and concerns. Many people, particularly in Anguilla, are concerned that, if the United Kingdom leaves the EU, there will be a range of negative consequences in respect to immigration, customs and law enforcement issues, but the reality is that, because EU law does not apply and extend to Anguilla, we are not in a situation where the relationship between the United Kingdom and France, across the channel, is mirrored as it is between Anguilla and French St. Martin here in the Caribbean. So I think it is important that we have that discussion.”
Mr. Yves Paillard, the French St. Martin Prosecutor, had this to say: “There will be no bad consequences for Anguillian citizens. They will be free to travel to the French side, which is France, so there will be no consequences of Brexit. As Mr. McKendrick said, the EU regulations do not apply here between Anguilla and French St. Martin.
“There will be nothing wrong. No visas will be needed, no controls, nothing more…We are like colleagues and neighbours with different judicial systems but with very broad issues that are common and similar on both sides of the channel here. We are able to discuss and to exchange information. There is really nothing difficult in the relationship between us and Brexit won’t change at all the [position].
Mr. Jan Spaans, the Solicitor General of Dutch St. Maarten, commented: “In addition to that, as far as legal systems are concerned, most assistance in criminal matters is not based on EU law but based on international treaties that are not affected by any Brexit consequence. So that basis for cooperation will always be there, has been there, and will not change by any Brexit. The treaties that are there will be there and will have the same effect as before such as organised crime conventions and money laundering conventions that we all are party to.”
Asked for confirmation that there will be no visa requirements for Anguillians travelling between Anguilla and St. Martin/St. Maarten in the event that the United Kingdom does leave the EU, Mr. Paillard replied:
“We can be sure of that because …France and the United Kingdom have a relationship…There is no problem between France and the United Kingdom. Another thing is that Brexit affects the economy more than the police, immigration and justice matters.”
Mr. McKendrick brought the question and answer matter to a conclusion, by adding: “It is worth to remember that Anguillian immigration law determined by the Anguilla Immigration and Passport Act, which sets out the requirements of exit and entry to Anguilla, is not related to English immigration law. Therefore these are quite separate systems so if Brexit is to happen, it will have very limited impact on the immigration issue.”
