Mr. Steve McCready
Hon. Haydn Hughes
I write this article with a bit of humour but at the same time recognizing the seriousness of the matter at hand.
Over the past fourteen years (14), the people and Government of Anguilla have been demanding Constitutional and Electoral reform. In the Manifesto of the AUF in 2000, one of the major issues was indeed Constitutional and Electoral reform. As a matter of fact, the election of Y2K was ran and won on that single issue.
In May of 1999, the Minister of Finance resigned just two months after the election Both Ministers of the ADP penned a letter to the then Chief Minister stating that they could not be party to his Yeltsin style dictatorship and would resign if changes were not made. In 1999 Minister Baird made it clear that he could not work in the Government and his colleague resigned. Needless to say, history has shown that Minister Baird did not resign choosing the lie around in Government until the Chief Minister eventually resigned. This period was called the great Constitutional crisis.
The AUF came to office in 2000 and quickly set up an electoral and Constitutional reform Committee headed by Mr. David Carty. Members included Mr. Colville Petty OBE, Dame Bernice Lake QC, Dr. Phyllis Fleming-Banks, Mr. Franklin Connor OBE, Mr. Alex Richardson, Mr. Davon Carty, Mr. Stanley Reid and I. This Constitutional Committee was disbanded without the knowledge of the members because the Chairman shifted his attention to negotiating land for the FLAG project. During this period, I helped prepare a paper to the United Nations Decolonization Committee as the President of the Anguilla Independent Movement that was delivered by Dr. Phyllis Fleming-Banks. Some years later, a Constitutional Commission was formed by the Government, lead by Mr. Ian “Don’ Mitchell QC, Mr. Calvert Carty and Ms. Grace Carty.
Under this present administration there were a number of Committees. The first, under the stewardship of Rev. Clifton Niles but there was a virtual mutiny when all the members wrote to depose him. The second is in session as we speak.
Over the years, there seem to have been some difficulty in getting a Constitution that reflects the goals and aspirations of the people of Anguilla. I have been an avid supporter of reform for almost two decades and that reform still is a fleeting proposition. Be that as it may, a new generation of Anguillians must step up and ensure it happens and I see them on social media all the time. Young, smart, energetic and engaging. We just need to inform and educate ourselves on the political system to which we are Govern. Our political system is flawed due to this system and Constitution is old, antiquated, outdated and unfit for the times in which we live.
I always questioned why it has not happened as yet but I recall the Minister for the Overseas Territories from the UK, who came to Anguilla in September of 2010 saying, that a new Constitution should not be a priority for Anguilla. How wrong was he? I can also recall the last Governor, His Excellency William Alistair Harrison saying that the present Constitution is and I quote, “Fit for purpose!” For what purpose? Not mine, not ours, not yours and certainly not the Anguillian people at home or in the diaspora.
Today, we have another mini Constitutional crisis where the Governor has illegally voted in the Executive Council even though the Constitution and the rules prohibit him from doing so. As a matter of fact, the Constitution lays it out and it states, “There shall be an Executive Council in and for Anguilla which shall consist of the Chief Minister, not more than three other Ministers and two ex-officio members, namely, the Deputy Governor and the Attorney-General”. This mean that the Attorney General and the Deputy Governor, who are also members of Parliament can vote in the Executive Council and it is commonly known that the Governor can only register his opposition to decisions made but cannot vote on the same. He has done so on several occasions even in the recent matter relating to the Parliamentary Councils appointments where the Government of the day is adamant that the Parliamentary Council positions should be Anguillians and the Governor is insisting that a lady from Texas who cannot practice law in Anguilla should get the job contravening the UK Expenditure recommendations. In this instance, he has threatened to exercise his reserve powers. Even in such a case, he must declare that he is intent on doing so and there is a process to which he must follow.
Now here’s the case for Constitutional reform. From the very first time Anguilla has had a Governor (previously Commissioner) they have all been male. The new Governor who has taken up office is the thirty-eight year old Ms. Christina Scott.
Obviously there has been resistance on the other side of the pond for Constitutional and Electoral reform but the fact that the new Governor select is a lady means that the argument for reform is easy. I know, you are laughing and wondering what silliness Haydn is talking about now.
Here is my argument and it’s solely based on our existing Constitution.
“Subject to the provisions of this constitution and of any other law by which any such powers or duties are conferred or imposed upon him, the Governor shall do and execute all things that belong to his office according to such instructions, if any, as Her Majesty may from time to time see fit to give him; but no court shall enquire whether or not he has complied with any such instructions.” It goes on, “For the purpose of administering the Government of Anguilla, the Governor shall have such powers and duties as are conferred or imposed on him by this constitution or any other law and such other powers as Her Majesty may from time to time be pleased to assign to him.”
So my argument now for immediate reform is; how can Ms. Scott Govern when the Anguilla Constitution Order 1982 clearly states that the Governor is a man due to the repeated use of the words HIM, HIS and HE? I’m quite sure this can be answered.
With that said, I welcome to Anguilla, Her Excellency, Ms. Christina Scott.
(Published without editing by The Anguillian newspaper.)
