I felt privileged to have been invited to attend a Ceremony at the Court House in The Valley, Anguilla, to witness the elevation of two Anguillian Lawyers, Mrs. Joyce A. Kentish-Egan Q.C. and Mr. Thomas W.R. Astaphan Q.C. to the Inner Bar of the Eastern Caribbean Supreme Court (Anguilla Circuit). As a non-lawyer I am being careful to use the exact wording on my invitation so as not to misrepresent exactly what I had the honour to attend.
In layman’s language, I believe that I was privileged to attend a ceremony at which two senior Anguillian lawyers moved up the ranks in their profession to a place that one should only attain through exemplary service and extraordinary competence. This was evident from the eloquent and elegant remarks made in tribute to these two outstanding lawyers by their peers; mentors and associates on that auspicious occasion. It was definitely a historic occasion for the Anguilla Bar and the community of Anguilla in general.
I sincerely congratulate our newest Queen’s Counsels (Q.C.’s) on their preferment which I also concur was justly deserved. This is based on my own observations and assessment of their achievements in the profession. It was most obvious from the adulation of the young lawyers in attendance that these awardees had made their mark in the lives of many of them either directly or through example. Like many of the speakers at that occasion, I also wish them the good health to continue their sterling contribution to the advancement of the quality of justice in Anguilla, in particular, and the region as a whole.
On the rare occasions that I have witnessed court proceedings, as well as at special events like these — I am always impressed by the discipline; respect; and decorum that permeate the atmosphere. This occasion was no different. Despite the witty remarks, and humorous exchanges that were all part of the presentations, it was obvious that there were clear rules that govern their conduct. If there were any underlying issues of controversy they were well-disguised in the dignity of the proceedings and the courteous demeanour of all who participated.
While it may be considered comparing apples to oranges it occurred to me (yet another time) that there needs to be a similar atmosphere in the Anguilla House of Assembly — the “Highest Court of the Land”. And the place where the laws, used to ensure the proper administration of social justice, are created.
My concerns for discipline, respect and decorum in the House of Assembly are especially poignant at this time. The fact that an election is right around the corner heralds in the “silly season” when just about everything will have a political flavour. In fact, ever since this Government’s ascendance to Office in 2010, and their subsequent election of a Speaker (who appears to take instructions from the Leader of Government Business), there seems to be a blatant lack of fairness in the management of the proceedings. And because the Chief Minister and his colleagues continue to use the shelter of the House of Assembly to perpetrate defamatory and slanderous statements — the Opposition is seriously considering boycotting the House of Assembly in protest of this conduct. Of course such action is especially possible because, at this time, the Government does not have a functioning majority to get its business through the House without the acquiescence of the Members of the Opposition.
During the past administration an exercise to revise the rules of procedure for the House of Assembly was initiated by the past Speaker (Mr. David Carty) through an Ad Hoc Committee comprising the experienced Members from both sides of the House, with technical support from the Attorney General’s Chambers and the Deputy Governor. The process was far along but it now appears that since this new Administration came to Office it has been shelved. In fact, it is reported that the present Speaker had resisted every overture by the past Speakers – including her own Deputy Speaker, the Hon. Leroy Rogers – to even assist her in getting a better grasp on her function as well as to complete that revision.
It is apparent from listening to the House of Assembly that the quality of management of the proceedings has deteriorated significantly, and there seems to be utter disregard for proper decorum. It is also a fair question to ask whether the conduct of Members of the House is a factor of their lack of professionalism, or the need for effective rules and competent Speakers to manage the proceedings.
• Can the extreme behaviour of politicians, who have been elected in a system that seems to condone all kinds of unethical and dishonest tactics, be curbed or controlled by any kind of rules or codes of conduct?
• Can a Speaker who neither has nor seeks any form of job specific training be expected to manage a group of egotistical politicians who are putting on a show to impress their constituents?
• In other words, are we expecting too much if we believe that the House of Assembly can ever be like the Courts of Justice in terms of its decorum?
These are the thoughts and questions that crossed my mind while I sat through the very lengthy yet inspiring ceremony on Tuesday. What was also obvious was that the decorum was infectious — the entire audience exhibited great patience and tolerance despite the cramped seating configuration. And the Bailiff, never mind the Chief Justice, seem to command even more respect than many Speakers seem to get in some Houses of Assembly.
But however optimistic we may appear to expect future Houses of Assembly to become places of exemplary discipline, mutual respect and decorum — it is an ideal to which we must aspire. Without question, it is the highest seat of justice where the laws that govern our lives and facilitate the administration of justice are made. The least we can do is show that we are worthy of the respect of our people who elected us to these lofty positions, and be examples of the highest decorum to their children who may seek to emulate us. It would certainly please the Court!
