I read with more than passing interest, the open letter to the Honourable Chief Minister from the Anguilla Hotel and Tourism Association (AHTA) – dated 16th September 2014 – about the AHTA’s concerns regarding the proposed legislation to allow the use of jet skis in Anguilla. For those who may not be aware, the Jet Ski Prohibition Act currently makes the use of jet skis illegal in Anguillian waters. Our Government is now proposing to introduce either new or amending legislation to make their use legal. As a precursor to this, Executive Council has approved the Draft Personal Watercraft (Jet Ski) Policy for public consultation. The policy is posted on the Government website for public review and comment.
Policy forms the basis of legislation. Therefore, once this policy is approved we can expect legislation to follow shortly after. The draft policy makes provision for jet skis to be allowed at four beaches: Crocus Bay, Forest Bay, Long Bay and the southern side of Road Bay. It sets out a regime for how the use of jet skis will be controlled, including the licensing of water sport businesses. Several requirements to ensure the safety of persons using jet skis, and others using the beach, are proposed. My concern with the policy is whether, in practice, the regulatory mechanisms will in fact be established – and whether they will work effectively. Another concern is that while the policy seems heavily weighted towards the regulation of water sport businesses – in relation to personal use of jet skis by members of the public who may own them, the policy has a lingerie approach – very little is covered. This may be its biggest challenge. For while water sport businesses, which operate jet skis, will very likely be located on the beaches where this activity is permitted, how can we effectively police or monitor the personal use of jet skis by their owners?
The bigger question in my view is whether allowing the use of jet skis is of such significance to Anguilla that we would either: (a) make the investment necessary to implement a well-regulated regime that will ensure that the use of jet skis adds value to our tourism product, and safety standards are met; or (b) risk losing our existing clientele in favour of different clientele?
From my reading of the letter from the AHTA – while they have not used the same words – their concerns are similar. All of these concerns are valid and should be given due consideration. It is disappointing that the Honourable Chief Minister, who is also the Minister of Tourism, has not treated the concerns of the AHTA with respect, particularly since the AHTA is a representative body of properties that comprise Anguilla’s tourism product – our breadbasket. The AHTA is basically saying to our Chief Minister that the proposed policy and legislation will be detrimental to our tourism product. Given the expertise and the “on the ground” knowledge that the AHTA has, I believe the Chief Minister and others would do well to listen. Instead, the Chief Minister has already taken to the airwaves and labeled the AHTA as taking political sides. How sad!
The indication made by Government is that this is a draft policy open for public consultation. Yet, when an influential body such as the AHTA indicates its disagreement with the policy, it is immediately sidelined and accused of playing party politics. Why consult the public if you are unwilling to listen, and will in fact condemn differing views? The response of the Honourable Chief Minister gives the impression that this is a disingenuous attempt at public consultation. It begs the question as to whether this policy and impending legislation are already done deals? If they are, take the policy off the website! Tell us the truth about what is going to be done! Don’t waste people’s time by asking for feedback and then chastise them for giving it!
I hasten to say, that the style of leadership that has the tendency to muzzle people whose opinions differ is a threat to a free and democratic Anguilla. There is merit in what the AHTA has said to the Honourable Chief Minister and, despite his personal views of the organization and its membership, he should listen. These are the persons with the knowledge of the industry, and their views should count for something in what should be a national dialogue on this issue. Is this policy in keeping with the direction in which we want the Anguilla experience to go? Is this policy in keeping with our Sustainable Tourism Master Plan which we have spent so much time and money to produce? Chief Minister, these questions are worthy of consideration. There is a lot at stake. Woodrow Wilson, a former President of the United States, once shared this advice: “The ear of the leader must ring with the voices of the people.” Mr Chief Minister, please take this advice and listen.
