As the UK continues to navigate its way through what many refer to as a constitutional crisis, the prospect of a leadership challenge looms large, with the current Prime Minister, Theresa May, having announced her resignation at the end of that process. The race to become the next Prime Minister of the United Kingdom and Northern Ireland will commence in earnest on the 10th June, as the EU’s clock for Brexit ticks on towards the legal deadline of the 31st October. By then hundreds of millions of Europeans in search of prosperity hope that the EU and UK would have reached a deal on the withdrawal mechanism for Brexit, allowing them both to move on to the more complex aspect of the negotiations – the future relationship they will enjoy. It is this chapter of the negotiations that most concerns Anguilla, as one of a few British nations with direct borders with EU entities, including the Outermost EU region of French Saint Martin, and the Dutch constituent country of Sint Maarten, together with Saba, and Sint Eustatius.
My colleagues and I in London have striven throughout the past three years to alert the UK of the relevance of the symbiotic relationship Anguilla has with its European neighbours which initially met with considerable, and surprising resistance. Since then, the border has effectively migrated from being classified by them as a ‘nominal border’ and is now, we trust, accepted as being comprehensively accepted as being one of considerable relevance to both the British and their European neighbours with whom they share familial, cultural, and economic ties that are important to the welfare of all concerned. We also trust that the naïve mantra: ‘nothing will change [for Anguilla] as a result of Brexit’, with which our grave concerns were initially received, has now been finally dropped, as we all witness the changes the islands will inevitably, which affect the lives and livelihoods of so many.
We have now had some insight into the post Brexit landscape for Anguilla that will entail the introduction of visas that are likely to be more stringently applied to Anguillians seeking work in Saint Martin, and in particular those holding full British passports. This will make the holding of a British Overseas Territory passport more attractive to Anguillians that regularly interact with the European islands in the Caribbean. However, and ironically, the British Overseas Territory passport is deemed more restrictive in the UK itself, where residency for those holding it is restricted to six months, and for which work and student permits are required; whereas full British passport holders attract no such requirements. Perhaps, we should therefore recommend the holding of two passports each – an expensive endeavour, but a route through the obstacle course, that is unfurling before us, as each Anguillan is generally entitled to both, with the exception of ‘belongers’ of Anguilla that are the illegitimate children of Anguillian fathers, whose rights to hold full British passports are not transferrable through their Anguillan parent, even if born on the island. It is anticipated that British Overseas Territory passport holders’ rights, that are not predicated on the UK’ membership of the EU, will remain unchanged, meaning British Overseas Territory passport holders may continue to enjoy visa free access to the Schengen area, (that accounts for most of the member states in mainland Europe), for up to 90 days in any given 180 day period. It should be noted that the EU label found on the front cover of all British passports will not affect the validity of the document even if the UK leaves the EU, although the UK will adopt a new passport in due course that will be phased in when passports come up for renewal. It should also be noted that those holding full British passports, are likely to experience changes in the level of access they may enjoy to mainland Europe. If you hold an adult passport that was issues more than nine years ago you may be affected. Up to date advice may be obtained on the UK Government website.
In reality, the treatment of Anguilla by virtue of Brexit remains unclear, as even the French response to how the future may look is predicated on the assumption that a Withdrawal Agreement will be reached. At present no one can predict whether it will. Again, our dear friend, Old Father Time, may hold the answer, as the parties are fast running out of time to achieve the following unavoidable steps:
• appoint a new Prime Minister,
• agree a withdrawal strategy and the terms of a Withdrawal Agreement within the UK parliament, persuade the EU to permit renegotiation of the agreement struck by the current Prime Minister that has been soundly and perpetually rejected by the British Parliament despite the EU stating that they are not prepared to renegotiate, then conduct those new renegotiations successfully, following up with the administrative processes in the EU and UK parliaments for the adoption of the new withdrawal agreement, if reached, and all by midnight on the 31st October 2019 despite the EU being on holiday throughout August and the recent EU election meaning the EU Commission and parliament have not even been reconstituted and are unlikely to be fully operative for months.
Simply listing and reading the necessary stages is exhausting, but the process itself, may prove utterly impractical given the huge political divides that still plague the UK’s politics. However, the prospect of an extension of the time limit beyond October leaves the UK and EU in the lurch, as their business communities need certainty in order to function. Hence, unless and until they know what rules and regulations they will have to abide by, they are running scared, and many are moving away, taking jobs and prosperity with them.
Thus far, I may only confirm the following, although I would err against setting even these in stone yet:
1. Anguilla, as with all other British Overseas Territories, will continue to enjoy UK market access on current terms under the Taxation (Cross-Border Trade) Act.
2. The UK will attempt to negotiate the best terms for EU market access for the goods and services of British Overseas Territories. At present we await confirmation as to whether this would be negotiated as part of the UKs own arrangements or will be dealt with separately.
There is a strong argument for the arrangements being separate, as the conditions that the UK may attract could prove onerous for small developing nations such as the territories.
Whilst Anguilla does not export goods or services into the EU nor the UK, it does export to an Outermost Region of the EU – French Saint Martin, together with related nations that are classifies as municipalities and countries of EU member states. As they lie outside of the Schengen Area, local requirements apply. It is here that we must focus our attention, although local negotiations alone cannot override the potential impact of Brexit, hence we are obliged to maintain dialogue with Europe on behalf of the island.
3. The UK has stated that it will guarantee EU-funded projects under the European Development Fund, the Biodiversity and Ecosystem Services, Horizon 2020, and Erasmus+ that have been agreed before the UK exits the EU for the lifetime of those projects, if the EU chooses to cease payments. The prospect of such EU funding ceasing to be made available to UK territories is real given the mathematics. Only four of the current members of the EU have affiliated overseas nations, with the UK accounting for almost 50% of them.
This means 23 EU countries contribute to this funding, having no direct benefit. Moreover, when the UK leaves and ceases to contribute to the European Development Fund, unless the UK agrees an on-going method of contributing to the funding, the cost to the remaining EU members will increase substantially. Yet this would be the preferred route for Anguilla, as the European Union funding is provided in a manner that supports the territories’ own priorities without foisting its own priorities or politics upon them. Further, there is no competitive bidding as traditionally used by the UK in its funding mechanisms, meaning equal opportunity for all territories to access funding may be compromised. As we have experienced over centuries until as recently as Hurricane Irma, Anguilla was very much the Cinderella of the British Overseas Territories, receiving limited sustainable support which when compared to other territories was hugely disproportionate to the size of its population.
It should also be noted that the UK have time limited their pledge for support in substitution of the current EU funding, giving no clear indication of what the future may hold. This is of great significance to Anguilla, as EU developmental aid has been a lifeline for its capital development for a number of years.
4. The recognition of British qualifications within the EU is likely to change, however, on a regional level, endeavours must be made to ensure that this is not reflected in such a manner as to restrict employment and trading opportunities for Anguillians.
At present Anguilla benefits from a considerate and hard-working Minister of State, Lord Ahmad, and a Governor that not only empathises with its people but works hard on their behalf. The Prime Minister has also taken the time to review Anguilla’s position and has supported the island through one of the most devastating episodes in its history. Again our fate is in the hands of Old Father Time whose own mantra is ‘everything must change, nothing stays the same…’.
Mrs Blondel Cluff CBE
