The newly-appointed Attorney General in Anguilla, Mr. John McKendrick QC, was sworn-in at the House of Assembly Chambers on Monday, September 5, by the Speaker, Mr. Leroy Rogers. His swearing in came as church and community representatives took issue with what is said to be his open gay orientation and involvement with a male partner. The matter, however, was virtually overlooked in the House during the welcome remarks which virtually focused instead on the merits of his legal ability and appointment.
After his swearing in, Mr. McKendrick said: “It is a great honour to be sworn-in as the Attorney General in Anguilla, and I am very grateful to everyone for the exceptionally warm and Caribbean welcome I have received. Anguilla and its people have been, for me, uplifting and kind.”
He continued: “The role of Attorney General is an essential one in any society. All governments need access to reliable and efficient legal advice. It is my great privilege to be given an opportunity to advise the Government, Her Excellency the Governor, the Honourable Chief Minister and his team.
“Those of you tasked with legislating for, and governing the people of Anguilla will, I hope, find in your new Attorney General a desire to help, to be hard-working and constant, to work effectively as a team-player, to advise and assist towards the outcomes sought to improve the life and wellbeing of the people of Anguilla.
“It is clear that there is a considerable link between the rule of law and economic growth. Those countries with a strong adherence to the rule of law have a higher economic growth than countries where the rule of law is weak. Alan Greenspan, the former Chairman of the US Federal Reserves, when asked what he considered the most important contributor to economic growth, answered the rule of law. Contributing to the rule of law in Anguilla will, in time, I hope, improve the economic success of this beautiful island. It is clear that much hard work lies ahead.
“It has not escaped my attention that not all of Anguilla has welcomed my appointment; and to those who are concerned, I ask them to judge me by the outcomes delivered for the people of Anguilla: the quest for prosecutions; defending the public sector against unmeritorious claims; increased protection against financial crimes, strengthening public institutions; and ensuring we are all equal before the law.
“So, as I begin this exciting and demanding role, I bring to mind the words of the great St. Thomas Aquinas – ‘What is law? An Ordinance of Reason for the common good led by him who has care for the community’. I shall remind myself of that in the months ahead. The law must be reasoned, it must be for the common good, and it must be there for the community and delivered by those who care for that community.
“In my role as Attorney General, advising and implementing the law, I must be a humble servant to the people of Anguilla. That’s where the words of St. Thomas will guide me. I look forward to working with you all.”
Chief Minister, Mr. Victor Banks, said there were situations “where, when we have new appointees in Anguilla, there is always a reason within the community why somebody could not agree.” He went on: “I want to assure the people of Anguilla that the post of Attorney General is one which is carefully selected on the basis of merit and criteria which impact the kind of delivery of services – and support for the Government of Anguilla that we seek.
“The process, Mr. Speaker, is not a process which is conducted outside of Anguilla. It is conducted within Anguilla and the process of selection, in this particular case, took place over a period of time going back to last year when we advertised around the region, and in the UK, for a person to fill the role of Attorney General in keeping with the qualifications of that position.
“Nineteen applicants applied from around the region; four were shortlisted and were invited to be interviewed. No applications were received from belongers of Anguilla and the AG was the only one of two Queen’s Counsel…to apply. The interview process took place on the 23rd of April. It was led by a panel of members including Justice Don Mitchell QC; Mr. Allister Richardson, former Permanent Secretary and former member of the Anguilla Public Service; as well as the Governor. The summary of those interviews, recommendations, and accompanying papers, were then sent to the Judicial Services Commission for approval in line with the Constitution. The Commission is comprised of Chief Justice, Dame Janice Pereira; Justice Cheryl Mathurin; and Mrs. Vida Lloyd-Richardson, Chair of the Public Service Commission.
“As a result of that process, Mr. Speaker, we are happy to welcome the Attorney General, Mr. John McKendrick, to serve Anguilla. He comes very highly recommended and his resume, his service, and his education, I believe, will serve Anguilla well.”
Quoting from the release about the Attorney General’s appointment, Chief Minister Banks said Mr. McKendrick is a Scottish Barrister of 17 years who previously studied at the London School of Economics and at Oxford University. His practice has mostly been civil law, with extensive experience of administrative and public law, commercial and contractual disputes, public procurement and white collar crime. He also has significant experience in Government litigation, having often represented the UK Government before the UK higher courts including, in recent weeks, as QC in the UK Supreme Court. He was appointed part time Judge in 2010. He was called to the Bar of the Eastern Caribbean Supreme Court (BVI) in 2013, having advised companies in both the Caribbean and Latin America for a number of years previously. He has worked with the European Union, the International Development Bank and the United Nations delivering major training exercises on anti-bribery, procurement and transparency in many parts of the Caribbean. He was appointed Queen’s Counsel by HM The Queen in early 2016.
Chief Minister Banks added: “Mr. Speaker, I think you will agree with me that the Attorney General, who you have just sworn-in in this Honourable House, comes highly-qualified. I believe that he fits with the needs of Anguilla to lead the Attorney General’s Chambers … and we look forward to working with him, and hope that he continues to enjoy the kind of hospitality and friendship that has been afforded to him over the last few days.”
Leader of the Opposition, Ms. Palmavon Webster, referred to her own circumstances as an independent member of the House of Assembly, having won the District 1 electoral seat, and her need for support. “Over the last year, or so, I had personally experienced – and I hope it will stop now – what it is to feel excluded when I want to work to the best of my ability,” she stated.
She continued: “With all the personal challenges, I have been strengthened by being alone and, in fact, like the Honourable Attorney General, I have been encouraged by the support of the majority seeking to really life better in Anguilla for everyone. What that means, in this context welcoming the AG, is that the learned AG has many, many skills that we need in Anguilla right now. In his address, he spoke about the rule of law and how the rule of law underpins any opportunity for economic growth; how following the rule of law and respecting the rule of law allow for people to develop. I am satisfied that there is that commitment to the rule of law…I know that if we have the opportunity to rely on our learned AG’s expertise in bribery, and other things, it will pave the path in Anguilla where corruption and wrongdoing will not take root…I feel suddenly in this House that I am not alone because other people are concerned about the outcomes of decisions, about very specific objectives and goals and how they are going to be pursued, and will have to side with me when I rely on the rule of law – and so I don’t feel alone.”
She added: “All I would say is that in this appointment let us all reaffirm our trust in God and always our commitment to the values of inclusion…”
The third and only other speaker was Mr. Curtis Richardson, Member for Road South. He said: “I want to welcome the AG to Anguilla. I think that I was one of the first persons to refuse to shake his hand, but I was one of the first to embrace him. And I gave the AG a hug because, like the Honourable Member for Island Harbour stated, I have known what it is to be criticised and ridiculed and to be excluded. I want the AG to understand that while we are a Christian community, and we all have our own personal convictions, I, as a member of the Government, understand fully well that he has come here to fulfil a role. I want to remind all of us in Anguilla that God is not limited to any aspect of His ability to deliver and perform great things.
“The Church in Anguilla must always take the lead and maintain the standard for righteousness. That is the role of the Church. That role will never be diminished but we also have an obligation to understand, Mr. Speaker, that by the way we live in Anguilla among ourselves, the AG will come to understand what it is when we say we are a Christian community. I hope that all of us in Anguilla can live the life whereby he, himself, will come to know and understand what it is to live in a so-called Christian community.”
