The draft Order in Council, for changes to the Constitution, which was recently prepared by the UK Government, amended by the Government of Anguilla – and is basically ready for passage and implementation – is the subject of much discussion on the island.
The Order in Council provides for a number of amendments to be made to the outdated Constitution of Anguilla and comes after several failed attempts, over the years, to arrive at an approved constitutional and electoral reform consensus. What is now being proposed is to have certain amendments to the Constitution, including belonger status for grandchildren and voting for four at large seats in 2020 when the next general election will be held.
The reason being given by the Government of Anguilla for the partial constitutional amendments is that, with the coming of Brexit in 2019, the UK Government is in the process of having a committee to look at the Constitutions of the Overseas Territories, including Anguilla, to see what changes might be necessary. The thinking is that Anguilla, already having the oldest Constitution in the Overseas Territories, does not want to find itself behind again in terms of constitutional development. One of Anguilla’s concerns is how Brexit will affect its historical relationship with the neighbouring St. Martin/St. Maarten territories and travel there.
The argument by a number of political and other persons in Anguilla is that there is a need for public consultation and approval before the Draft Order in Council comes into effect, and that there should be a fully new constitution rather than an amended or “piecemeal” one. Protest groups have already written letters to Lord Ahmad, the UK Minister for the Overseas Territories and, in one case, to Governor Foy, about the matter. The letters appear elsewhere in this edition of The Anguillian newspaper.
The Leader of the Opposition, Ms. Palmavon Webster, who has written to the Governor as well as Lord Ahmad, has also requested a meeting with the Governor to discuss matters relating to “Constitutional and Electoral Reform” – a date for which is being planned. The Governor indicated to her that he would be off island on leave from November 13 -21 and suggested that they should “aim to meet as soon as I return from leave.” He also informed her that he will again be off island “between 29 November and 9 December to attend the Joint Ministerial Committee meeting in London.”
Earlier, the Governor, writing to the Leader of the Opposition, stated: “As I’m sure you’ll know and appreciate I have no role, and no say, in matters relating to Anguilla’s Constitution. These are matters exclusively for the UKG and Anguilla’s elected Government to discuss and agree upon. Consequently, I can’t offer you any assurance of the type you are asking me for.”
Meanwhile, the Government of Anguilla, through the Ministry of Home Affairs, recently embarked on a public consultation campaign to inform Anguillians about the proposed constitutional amendments and the reasons for them rather than having an outright new Constitution at this time.
