Most of the sitting of the Anguilla House of Assembly on Tuesday, October 1, was taken up by a question and answer period initiated by the Leader of the Opposition, Ms. Palmavon Webster.
The transcripts from the House of Assembly are as follows:
The Honourable Member for Island Harbour to ask :
The Honourable Deputy Governor what the rationale is for the recently announced adjustments in salaries within the Royal Anguilla Police Force from 2018 to 2019.
Response:
As far as I am aware, there have been no recent announcement with regard to adjustments in salaries within the Royal Anguilla Police Force from 2018 to 2019. Having said that, any adjustments made from 2018 to 2019 would have been done as part of the annual budgetary exercise, involving every single Government Department and statutory body, and subsequently included in the 2019 Appropriation Bill.
Ms. Webster:
The 2019 Appropriation Bill, 2019, incorporating the estimates of recurrent revenue, recurrent expenditure and capital expenditure, was introduced in the House by the Honourable Premier and Minister of Finance, Mr. Victor Banks on March 20th 2019 where it was vigorously debated and subsequently passed into law, and assented to on 1st of April 2019.
To ask the Honourable Member for Valley South, The Premier: According to the Chief Auditor, Mr. Anthony Barret, in the Anguilla Community College Financial Statements December 31st, 2018:
“Emphasis of Matter BDO’s opinion includes an emphasis of matter as detailed below.
Response:
On 12 December 2013 the Government of Anguilla approved the Anguilla Community College Development Project (the project) for a total cost of EC$15,669,518. The project will be funded through borrowing and grant from the Caribbean Development Bank amounting to EC$8,642,563 and EC$241,938 respectively. The Government of Anguilla through the Anguilla Community College will also provide funding totalling EC$6,785,017 which includes the value of land on which the college will be located amounting to EC$4,569.940. The purpose of the project is to enhance the teaching and learning environment, the instructional and management capacity of the staff and the quality and relevance of the programme offerings of the College of Anguilla.
Included in the budget of the project is the construction costs of the college new building amounting to approximately EC$8,850,000 including contingencies, interest and commitments on borrowings. As at 31 December 2018 the Government and the College already spent EC$1,762,437 (2017: EC$1,408,783) on construction and related expenses including commitment fees and interest without starting the actual construction of the building. Details of the actual expenses are as follows.
Details Expenditure in EC$
a. Design services 463,041
b. Construction supervision 139,520
c. Project coordinator* 651,289
d. Project management services 62,904
e. Interest 58,821
f. Commitment fees 386,862
Total 1,762,437
*including amount paid by GoA in 2015
If the construction does not proceed as planned the College will continue to incur significant costs on interest and commitment fee.
The commitment fee which is charged at 1% per annum on the amount of the loan unwithdrawn is already significantly over the original budget of EC$120,969. Subsequent to BDO’s opinion on 11 April 2019, I understand there was a ground-breaking ceremony on 19 June 2019 on land at Long Path Road and that construction work on a new college premises has commenced.”
Ms. Webster:
Will the Honourable Minister of Finance and Leader of Government Business detail the causative factors that resulted in the delayed construction of the new college building which was budgeted for in the Anguilla Community College Development Project.
Response:
There were several factors which contributed to the delay:
1. When the project was approved, the design was in the concept stage. Completion of the design required further consultation with stakeholders. Subsequently, the design had to move from concept stage to detailed structural and MEP drawings, which took considerable time. From recent experience with the infrastructure projects being done under the Anguilla programme, we can appreciate the time involved in this process. It is said that time spent on design is time well spent, as it reduces the likelihood of spending time and money later, making changes during construction.
2. The project did not begin with a dedicated project coordinator. To save costs, this responsibility was tagged on to the responsibilities of an officer in the Ministry of Infrastructure who had many competing responsibilities. This impacted the timeliness of delivery. When this administration took office, the services of a project coordinator were procured who could dedicate the time needed for the project.
3. In 2016, the project was tendered. It went through 2 phases- a pre-qualification phase where companies would submit their information and a determination made as to whether they were qualified to bid; and then the actual issue of the invitation to bid to the companies that pre-qualified. Based on the evaluation of the tenders, the bid was won by a Chinese company. When the company came on island early in 201 7 to finalise the contract, it became clear that their intention was to import Chinese labour (up to 100 persons) and exclude Anguillians. As a result, negotiations broke down and we agreed to part ways. After consultation with CDB on the situation, it was advised that rather than seek to negotiate with the other qualifying bidder, that the project be re-tendered.
4. In making arrangements for re-tendering. it was decided that to ensure that Anguillian companies had an opportunity to participate in the project, that a portion of the project be issued for local tender only. This was possible once the costs were lower than a certain amount. We therefore decided to divide the project into two phases. Phase One (which is being undertaken now) was tendered locally only and phase two would be subject to the usual international tender for CDB funded projects. To accomplish this, the bid documents had to be redone which also took some time.
Ms. Webster:
To ask the Hon Member for Valley South, the Premier:
Whereas the Executive has brought a motion “Overdraft Facility 2019-2020” to maintain the overdraft facility at the NCBA of EC $20 million dollars.
Will the Honourable Minister of Finance and Leader of Government Business outline the fiscal position of the government that warrants the borrowing of EC$20 million dollars through an overdraft facility at the NCBA.
Response:
As customary, the Government of Anguilla (GoA) operates an Overdraft Facility which has to be renewed on a yearly basis as stipulated in Section 38 of the Financial Administration and Audit Act 2010. The term has usually been from October 1 to September 30 of the following year. In the past the Facility has been held with the National Bank of Anguilla (NBA), and the Caribbean Commercial Bank (Anguilla) Ltd (CCB). Since October 2016, the Facility has been held at the National Commercial Bank of Anguilla (NCBA). The GoA utilizes this Facility to meet recurrent expenditure requirements to assist with the fiscal situation, specifically to meet the cash flow demands faced by the GoA which may be subject to seasonal performance of I and shocks to revenue.
In terms of the performance, since the Overdraft Facility has been held with NCBA, on 3rd October 2016 the balance was ($15,834,740.75). On 30th September 2017 the balance on the Overdraft Facility was ($16,233,957.22). Of course 2017 was an extraordinary year with Anguilla impacted by Category 5 Hurricane Irma in early September which negatively impacted on economic activity and consequently revenue performance. The UKG declined a GoA request to provide direct Recurrent Budget support to GoA for 2017 and 2018 to help address the situation. The GoA was therefore obliged to finance the resulting Recurrent Budget shortfalls in large part by utilizing the
Overdraft Facility at NCBA (as well as with GoA’s Call Account with the Eastern Caribbean Central Bank (ECCB). The UKG did however approve GoA to borrow the equivalent ofEC$25.1 million from the Caribbean Development Bank (CDB) in the form of a Policy Based Loan (PBL) to provide liquidity support. As at 30th September 2018 the balance on the Overdraft Facility at NCBA stood at EC$(19,743,227.73) and on 15th October 2018 just prior to receiving the CDB PBL funds it was recorded at EC$(15,856,945.04). Part proceeds from the CDB PBL were applied on 161h October 2018 which brought the Overdraft I Operating Account at NCBA to EC$401,128.63 (the remaining proceeds were applied to the ECCB Operating Account). To restate, paying off the Overdraft balance on 16 October, 2018 with part proceeds of the CDB Policy Based Loan allowed GoA to convert to cheaper long term debt and clear liquidity space. Subsequently, after reducing the balance on the Overdraft Facility at NCBA and due to the ongoing reduced revenue environment where pre-Hurricane Irma levels had not been achieved as well as GoA decision to address certain issues such as reducing arrears by paying off one third of deferred salaries remaining owed to Civil Servants the balance increased significantly, However, by 27th September 2019 the balance on the Overdraft Facility at NCBA had been reduced to EC$(1,975,784.58).
In summary, in 2018, there was a heavy reliance on the use of the Overdraft facility to meet recurrent budget shortfalls. This is evident in the interest paid for the period Oct 2017/ Sept 2018 compared to the period Oct 2018/Sept 2019; where EC$782,071.05 and EC$500,437.08 were paid respectively. A difference of EC$281,633.97 or 36.01% in the period 2018/2019 when compared to 2017/2018 period. It is evident that there has been less need to utilize the Overdraft Facility in 2018/2019 than 2017/2018 signaling that revenue performance has been recovering steadily following the shocks from Hurricane Irma. This recovery has been driven by GOP performance which grew by 10.9 per cent in real terms in 2018 and is projected to grow by 8.78 per cent in 2019.
To conclude, he importance of the Overdraft Facility is to act as a buffer in the event that revenue does not perform as anticipated thus enabling the GoA to meet its recurrent budgetary needs in a timely manner. Thus the need for the GoA to renew and maintain the Overdraft Facility with NCBA.
Ms. Webster:
To ask the Honourable Minister of Health and Social Development Has the Government of Anguilla investigated, and if not does it intend to investigate, whether the neurotoxin believed to have caused illness (brain damage) to US and Canadian diplomats in Cuba between 2016 and 2018 is an ingredient of the fogging mixture sometimes used for fogging mosquitos in Anguilla?
[Supporting Article: Reuters News Agency “Neurotoxin may have caused diplomats’ illness in Cuba: study” – September 19th 2019]
Has the Government of Anguilla investigated, and if not does it intend to investigate, whether the neurotoxin believed to have caused illness (brain damage) to US and Canadian diplomats in Cuba between 2016 and 2018 is an ingredient of the fogging mixture sometimes used for fogging mosquitos in Anguilla? Supporting Article: Reuters News Agency “Neurotoxin may have caused diplomats’ illness in Cuba: study”- September 19th 2019]
Response:
Mr. Speaker to answer this question I will more fully quote the article mentioned by the Leader of the Opposition so that a more complete conclusion of the matter is given. It states: “We report the clinical, imaging and biochemical evidence consistent with the hypothesis of overexposure to cholinesterase inhibitors as the cause of brain injury,” the study concluded, while cautioning that other causes could not be ruled out and more study was needed. In other words, this is only a hypothesis and not definitive study.
This notwithstanding, the neurotoxin in question comes from a diverse group of chemicals called cholinesterase inhibitors. In Anguilla, malathion is the main chemical used for fogging. Malathion is indeed a cholinesterase inhibitor. However, please note the following excerpt from the Agency for Toxic Substances and Disease Registry in the US, a CDC affiliate:
“Persistent weakness and impaired memory have been reported to occur from low-level exposures to some organophosphates (cholinesterase inhibitors) … , but there is no reliable information on adverse health effects of chronic exposure to malathion.”
The Ministry of Health does not have the information with regard to the specific “fogging mixture” that was used in Cuba during the period 2016 to 2018. Additionally, neither the Ministry of Health nor the Health Authority of Anguilla have had reports of persons with the symptoms similar to the ones in the study. Moreover, in Anguilla, there is no heavy reliance on fogging and we continue to emphasize that reduction of breeding sites and avoiding bites are the main approach in reducing these mosquito-borne diseases. Fogging is certainly not done injudiciously. Ironically, the complaint from the general public is typically that Department of Health Protection does not fog enough, and the Ministry is constantly having to defend this very sensible approach.
Chemicals other than malathion are available for fogging but are not used because the mosquitoes are resistant to them.
Ms. Webster:
To ask the Honourable Minister of Infrastructure
What is the estimated cost for the expansion of the Clayton J. Lloyd International Airport?
Response:
The Clayton J. Lloyd International Airport has gone from proposed closure, shutdown, to the threshold of expansion. An expansion to accommodate large direct jet commercial flights into Anguilla. I must caution the Member for Island Harbour not to be swept away with the erroneous view that airport expansion is solely a new craved terminal and extended runway to 8000 feet. The Clayton J. Lloyd since April 23, 2019, under my mandate and vision, has been under expansion in 3 phases. The vision is for an appointed time and although it seems as if it tarries we can wait for it… for it will surely come to pass. Phase 1 as of April 23, 2015, was bringing the present aerodrome asset I met up to standard so as to be an aerodrome befitting the vision of exponential growth without infringing on the future directorate’s capacity to realize large direct commercial flights. Mr. Speaker no need to whisper mammoth task for it was a mammoth task indeed. In phase 1 the huge hurdle to conquer was the mentality in Anguilla even within the halls of government that Anguilla did not need direct jet commercial flights.
I am glad today with God’s intervention that all and sundry now agree that to make Anguilla great we need our own international airport with large direct jet commercial flights. What a remarkable journey phase 1 has been which includes the acquisition of 3 state of the art firetrucks and other never seen before assets for the aerodrome, a new firehall, a new state of the art air-traffic control tower, resolving land issues in the perimeter of the aerodrome, raising the qualifications and training of personnel, hiring of consultants and other upward mobilizing agencies, getting the British Government’s blessings and letters of entrustments, Mr. Speaker need I continue? We had to resist the closure of the Clayton J. Lloyd Airport, reclaim the aerodrome certification from peril, build the begged temporary status to permanence with pride, and confirming an upgrade to a new classification fully with fully tried and tested systems in place. 1 say thanks to all of Anguilla, The Board, the security staff, the fire and rescue workers, the management team, the governor, my colleagues in government, the late Mr. Allen Barnett, the Board and the newly appointed CEO Mr. Sherman Williams. You have done your country proud in the first phase of the airport expansion vision to realize actual projected dates for more direct commercial jet airlines flying into Anguilla from the US Mainland and beyond. Phase 1 came with an average cost of US$15 Million.
Phase 2 is estimated to cost US$1 million. Phase 2 platform is to bring the necessary financial empowerment to build on the superlative work of phase 1. Phase 2 will deal with all the attending issues surrounding the realization of phase 3 which is the actual construction of the vision for the largest possible direct commercial flights to arrive and depart. It also will deal entirely with resolving disputes over and ownership of property associated with the Lakes land and the actual construction of the new terminal and actual airport runway to a declared 6999 feet but with approximately 8000 feet which includes the RESA. What a remarkable journey phase 2 has been. I have not cost the sleepless nights, travailing of the soul and ceaseless hours in prayer. We can safely now say that the Special Purpose Vehicle (SPV) within AASPA has been formed and is operational and it is already moving the mountain of hindrance. It is my firm belief with God’s help that within the next 3 months I will be able to tell all of Anguilla, living within as well as without, that the PHD question where will the money come from? is rather elementary. Freedom is a wonderful thing Mr. speaker. What they could not do in fifty is being done in 5. God great God!! Delayed is not denied. Yes, we are on the verge of having approximately US$1 Billion dollars Available for airport expansion and all the attending issues and their long awaited resolution. By year end phase 2 should be completed. Can God furnish a table in the wilderness? Is there anything too hard for the Lord? Who can stand against the King?
Phase 3 is the actual construction of the terminal and the extended runway and what an opening ceremony it is going to be, to have in our hands those things that we waited fifty years for. What a day that will be to see Anguilla sustaining the life we all yearned for. Phase 3 within the coming 9 months therefore will naturally follow as someone will be awarded the contract to design and commence the actual lengthening of the runway and the new well designed terminal… sky walks and all. Mr. Speaker let me be the first to congratulate the well-deserved people of Anguilla. It is estimated to cost US$70 Million. I told Mr. George Lake in May of 2015 as the Minister for Infrastructure that God had asked me to meet him at the late Dame Bernice QC home in Tanglewood because God wanted us to agree that we will not tangle Anguilla up in the woods any longer over settlement of land for the airport expansion. I am committed to amicably settling this matter because now is the time to make rea l the demands of a better way of life for the people of Anguilla. Nothing will stand in the way of maximizing the potential of Anguilla to defend its citizens special needs and interest s. Anguilla get ready get ready get ready!!
Shout Freedom!! All my life God has been faithful!!
Ms. Webster:
What is the current projected timeline for the commencement of works for the expansion of the Clayton J. Lloyd International Airport?
Response:
The timeline for the expansion of the CJL International Airport as per my commitment and responsibility to the people of Anguilla has been since April 23, 2015 to September 2017, 2019 to write the vision plain for al l to see which was placing the Aerodrome I met in its best form so as to go forward with strength and assurance. Secondly believing that God Almighty would forever change the mindset about having our own. I am grateful that Hurricane Irma settled the dispute about who we are and what we need and what we can and must do as a people. Halleujah!
I am glad the joke about direct jet commercial flights is ended too. I am a Mathematician by university studies. I could never except the folly in saying we have 100 percent occupancy with only an actual40 percent. 40 percent before I took office was the norm and accepted 100 percent. But wisdom is justified by her children. 100 percent for me must be a 100 percent. So the mental campaign started. I was the joke of all but last laugh still sweet.
Today, Mr. Speaker, I am not surprise at all the fathers coming forward to own this baby now named success, for success anywhere, when delivered with fine features, has always had many fathers. Moses led them through the Red Sea and we applaud him but the idea for getting out of Egypt’s bondage came from God. I give praise that we overcame the hurdles since April 23, 2015 and rebuilt the image of the aerodrome and rebuilt the financial capacity and challenge the mindset to achieving direct jet commercial flights from the US Mainland and Santo Domingo for the 2019- 2020 tourist season. I intend to kill badmindedness and unemployment. Yes airport expansion and direct jet commercial flights are upon us and it will have massive repercussions for the taxi and transportation business. No more fighting for jobs on the ferry and minding who got 5 people and who got 2 people. I declare it now more taxi drivers will be needed not less. October 11, we will hold a grand transportation meeting to take Anguilla into the 21st century. I am glad that the bones that were very dry and very scattered in Anguilla are coming together and we see the commencement of the Blowing Point ferry Terminal in March 2020 and in July 2020 the construction of the actual construction of New terminal and extension of runway to 8000 feet.
Mr. Speaker say New thing … yes…the Minister of Demolition said New thing long time.
Ms. Webster:
Can the Minister for Infrastructure please indicate to this Honourable House the names of persons who constitute the newly established Transportation Board and state the purpose and or role of this Board?
Response:
a) Mr Karim Hodge- Permanent Secretary MICUHAFE or his designate
b) Mr Paul Morrison- Commissioner of Police or his designate
c) Mr Jameel Rochester, Anguilla Tourist Board
d) Mr. Wilmoth Hodge, President of the Anguilla Taxi Association
e) Mr. Cledwyn Rogers, Member of the Anguilla Taxi Association
1. Section 2 of the Vehicles and Road Traffic Act R.S.A. c. V10 establishes the; ” Transport Board {1) There is established a body to be called the Anguilla Transport Board consisting of the Traffic Commissioner, the Permanent Secretary of Public Works and 3 other persons to be appointed by the Governor.
(2) The Governor shall appoint one of such persons to be Chairman.
(3) The Governor may appoint another person in the place of any member of the Board who through illness, absence from Anguilla or for any other cause is unable to sit on the Board.
(4) The Board may act by any 3 of its members and may so act notwithstanding any vacancy in the number of members constituting the Board.
(5) The Board shall have the power to regulate its own procedure.
(6) The Board shall act in an advisory capacity and shall advise the Governor on all matters appertaining to road transport and traffic and in particular as to the following matters-
(a) transport, rates, fares, tolls, dues or other charges;
(b) licence fees in respect of motor and other vehicles;
(c) the regulation and control of traffic;
(d) any other matter affecting traffic or transport that the Governor may refer to the Board.
(7) The Board shall hear and determine any appeal submitted by an aggrieved party against any order or decision of the Traffic Commissioner, Comptroller of Inland Revenue, Licensing Officer, Vehicle Examining Officer, Director of Inland Revenue or Driver Examining Officer and the decision of the Board thereon shall be conclusive.”
The purpose of the Board is to be responsible for Transportation issues affecting Anguilla. The role of the Board is to assist the Minister in the effective management of the issues affecting transportation in Anguilla.
Ms. Webster:
To ask the Honourable Attorney General
Whereas the duties of the Honourable Attorney General, in his independent constitutional Office, include the giving of formal advice to this Honourable House of Assembly in the public interest; will he please answer the following questions:
a. What is the role of this House in the process of obtaining a new constitution which the Government of Anguilla appears intent on seeking just before the next general elections constitutionally due in the early part of 2020?
Response:
The House of Assembly, as the Legislature of the territory, has a role which it must perform in the process of updating or obtaining a new constitution for Anguilla. That role and how it should be performed will be the subject of formal written advice which will be tendered to the Speaker for the benefit of the whole House in due course.
Ms. Webster:
b. Will the Honourable Attorney General also advise the House, whether, in light of the report of the Committee of the whole House on the 2017 draft Constitution and the report of the Committee recommending it, this Honourable House has properly performed its role of oversight and accountability regarding this process of constitutional change that the Government has embarked upon?
Response:
As to the question (b), this will form part of the subject of the advice to be formally given as mentioned in response to (a) above. The answer will be contained in the advice.
Ms. Webster:
Can the Honourable Attorney General advise when he will be prepared to tender this advice to the Speaker for the benefit of this House?
Response:
In relation to question (c), as soon as reasonably practicable, the formal advice referred to above will be given by the Attorney-General. In the variegated web of affairs, it is difficult to set a precise date for when the advice will be delivered, but every effort will be made to provide advice on this very important matter to the House shortly.
Ms. Webster:
d. Will the Honourable Attorney General advise this Honourable House of Assembly as to what significance, if any, is the recent UK Supreme Court’s judgment handed down on Tuesday, 24th September 2019 in the case concerning the lawfulness of the prorogation of the UK Parliament ahead of debate in that Parliament on the Brexit negotiations by the exercise of Executive power, in relation to the role and function of this House in holding the Government of Anguilla to account for the exercise of executive power?
Response:
In reply to question (d), the significance of the recent UK Supreme Court judgement on the role of parliament in relation to scrutiny of executive conduct will be addressed in the advice to be given to the House in relation to question (a) above.
Ms. Webster:
To ask the Member for Sandy Hill, Minister for Home Affairs
a. Did the British Government approve or deem sufficient the three (3) public consultations scheduled by the Ministry of Home Affairs in phase 2 of the Constitutional Reform?
Response:
The British Government was not consulted on the number of public consultations. They would have been aware from the letter of the Chief Minister to Lord Ahmad that after the House reviewed and considered the draft Constitution, there would be final consultations with the public.
Ms. Webster:
Will the Minister please indicate the period of time in which the following documents were made available to the public and through which media were they accessible:
i. The Constitutional and Electoral Reform Committee’s Report (New Draft Constitution);
Response:
This would have been available since May 2017 on the Government of Anguilla website and the Anguilla Public Library. A press release was issued informing persons of its availability.
ii. Report of the Select Committee of the whole House of Assembly on Constitutional and Electoral Reform.
Response:
Extracts/from the report can be found in the annotated draft of the Constitution which is now available on the Government’s website. However, as the report was not yet tabled in the House, it was not considered appropriate to release it to the public.
