Edison A. Baird, BS (Hons. University of Wisconsin-River Falls), MA – McGill University
P.O. Box 386
The Valley
Anguilla, BWI
AI 2640
Tel: 264 235 6285
email: edisonbaird@yahoo.com
His Excellency, The Governor Timothy Foy, OBE
Governor’s Office, PO Box 330
Old Ta,
Anguilla, AI 2640
December 8, 2020
Dear Governor Foy:
Re: A Commission of Inquiry is needed to examine The Definitive Agreement Sandy Ground Grand Marina and Resort Project
The Partnership for Progress and Prosperity – Britain and the Overseas Territories (1999) sets out the parameters of the relationship between the British Government and its Overseas Territories (OTs) with Anguilla, of course, being one of them. It makes it clear that the British Government is constitutionally responsible for ensuring the practice and maintenance of good governance in its Overseas Territories. Unfortunately, the walls of good governance – openness, transparency, and accountability, have been breached in Anguilla.
This stain on our political history occurred on June 3, 2020, when the Sandy Ground Development LTD., a company organized and registered in Nevis for the specific purpose of constructing a yachting marina project in the Sandy Ground Salt Pond, and the then United Front Government (AUF), signed The Definitive Agreement – Sandy Ground Grand Marina and Resort Project. Hereinafter called “The Definitive Agreement.”
After a critical examination of the above-mentioned agreement, it is my opinion that it is toxic and shrouded in secrecy. It poses an existential threat to the village of Sandy Ground, its inhabitants, pond, culture, its extensive bird life, and biodiversity area. It will unleash a wave of environmental and ecological devastation, not recorded anywhere in modern West Indian history.
It is incumbent upon you, therefore, to establish a Commission of Inquiry to determine the underlining factors that led the (AUF) Government, under the then leadership of Premier Victor F. Banks, to sign such an agreement, nakedly harmful to the village of Sandy Ground. Additionally, not only was it defiant, but it openly challenged the right of the British Government, acting through you, as Governor, to ensure the survivability of good governance in Anguilla. The Definitive Agreement indicates the scope of the project conceived by the developer:
Sandy Ground Grand Marina and Resort is 120 – acre site being private and crown ownership that is envisioned to be the premier destination and full-service marina within the Caribbean providing a full range of 5-star accommodations, entertainment, amenities, services and lifestyle.(p.7)
The Sandy Ground Grand Marina is really, in truth, a real-estate development. The marina is simply an attraction or the hook to this project. Its objective is to lure millionaires to purchase the various villas, residences and marina view condos that would adorn the range of low-lying hills that embrace the village of Sandy Ground to the north, east, and south.
Exhibit 2 of The Definitive Agreement sets out the various lots of private lands that are integral to the project. Those lands lie to the north of the pond and run westward to the Point. The inclusion of those lands in the marina project is without the knowledge and the written agreement of the private landowners.
The Agreement commits the Government to assist the developer in obtaining lands when necessary for the project. To accomplish this objective, it is safe to assume that the Government intends to use the Land Acquisition Act to compulsorily acquire the necessary lands and transfer them to the developer. This land has been in the villagers’ families for over three hundred years. This is their legacy and heritage. It would be therefore, unconscionable to forcibly acquire their lands when it is not for a public purpose, but rather private enterprise.
British authority, to ensure compliance with the principles of good governance, has been flouted by the (AUF) Government in relation to The Definitive Agreement. On May 15, 2020, you issued a public statement via your Facebook page. I set it out below for illumination and guidance:
Ministers do not cease to be Ministers when the House of Assembly is dissolved. They remain in role until they are no longer Members of the Executive Branch of Government, which is separate to the Legislative branch (The House of Assembly). Similarly, Executive Council will continue to meet to oversee the day-to-day business of Government, but no major decisions, such as new policies, contracts, or board appointments can be taken between the House dissolving and the Election.
The House of Assembly was dissolved on May 9, 2020, and the General Election was held on June 29. The AUF, nevertheless, defied your authority and signed The Definitive Agreement on June 3. According to an extract of an Executive Council (EXCO) meeting held on May 7, which appeared in The Anguillian on Friday, November 6, EXCO met and approved The Definitive Agreement, in principle.
Your statement must, therefore, be regarded as a warning to the Government not to elevate The Definitive Agreement in principle to the status of what the AUF believed to be a contract. It must also be interpreted as a smoke signal sent to the Anguillan people, especially those who live in the village of Sandy Ground, that something untoward might be unfolding. Troubling also was the fact that the EXCO Minutes of May 7 meeting did not appear on the Government’s website.
If good governance is to thrive in Anguilla, then the effective participation of ministers of government in the decision-making process, especially those involving major projects, is critical. This, however, appears not to have been the case in respect of The Definitive Agreement, by the (AUF) Government. A former (AUF) Minister of Government, Curtis Richardson, in an interview with DJ Hammer on Klass FM Facebook, on September 17, admitted he was not involved in the preparation of the Definitive Agreement but, nevertheless, supported it in the Executive Council. He stated, “I was not involved with signing the document, or to peruse the document…it is a matter that was being lifted by the Ministry of Economic Development.”
If Curtis Richardson, who is known to be a voracious reader of letters and documents, did not take part in the formulation of The Definitive Agreement, it is then reasonable to assume that the other two Ministers, apart from the Premier, simply left the heavy lifting of this matter to the Ministry of Economic Development. This Ministry was headed by the then Minister of Finance, who was simultaneously, the Premier.
The Definitive Agreement is shrouded in secrecy as the people of Anguilla were not engaged at any level. The AUF Party hid it from the Opposition, the media, and the Anguillan people. The AUF Party did not mention it on their political platform or include it in their Manifesto. Neither was there any mention of it on any radio station or in any of the two newspapers that serve the island.
The Anguilla Progressive Movement (APM) stated its opposition to the placement of a yachting marina in the Sandy Ground salt pond. At a public meeting held at North Hill on June 10, Merrick Richardson, the APM candidate for District 5, who is now the Ministerial Assistant for Youth, Sports and Culture, set out his party’s position in respect of the marina project:
In Sandy Ground, no one, and I repeat no one, that I have spoken to wants a marina … I say to you, people of Sandy Ground, if the AUF Administration will not listen to you and hear your cry, the Anguilla Progressive Movement hears your cry and … [will] stand behind you and not allow a marina in Sandy Ground. (APM Facebook page)
The Opposition then is now the current APM Government. Dr. Ellis Webster, the new Premier, and his Ministers were sworn in on June 30, 2020. Yet, the Government did not learn about the existence of the Definitive Agreement until July 16, 2020, two weeks after the General Election.
To explain this conundrum to the Anguillan people, especially those living in the village of Sandy Ground, the Government held a Town Hall meeting with the villagers on October 9, 2020. This event was captured by Lloyd Gumbs’ Facebook page.
Speaking on behalf of the Government, Merrick Richardson made several eye-opening statements. The latter, however, were only pale lights shining in the vast darkness of the Definitive Agreement. First, he said the Government was invited to a meeting via email, with representatives of the developer who informed them that the developer had a written agreement with the previous AUF Government to construct a yachting marina in the Sandy Ground salt pond. There was a subsequent meeting with the said representatives via a Zoom conference call. He asserted that at both meetings, the Government made it abundantly clear that it was not interested in the construction of the yachting marina project in Sandy Ground. Merrick Richardson also stated that the Government was satisfied that the agreement “was already signed and about to be executed.”
He admitted that while certain people did not see the Definitive Agreement as contractually binding, the Government, nevertheless, had a different opinion. He contended that a “signed MOU is a contract between Government and developers”. He implied that if the MOU were
positive and favourable, Government would approve it, even though as a matter of policy, it was opposed to the location of the marina project.
In the midst of all this, what role, if any, did the Permanent Secretaries of Finance and Economic Development play in the formulation of the Definitive Agreement and in the transfer of knowledge, if any, between the outgoing Government and the current APM Government?
In the normal course of events, a Permanent Secretary is said to be the “eyes and ears” of a Minister. He/she is there to advise him and to keep him fully informed about current issues being dealt with by the Ministry. Premier Dr. Webster, the new Minister of Finance, should have been brought up to date by the Permanent Secretary of Finance. Similarly, Kyle Hodge, as the new Minister of Economic Development, should also have been brought up to speed by the Permanent Secretary of Economic Development. Was this simply a breakdown in communication at the highest level of our Civil Service?
Finally, proposed development as set out in the Definitive Agreement will devastate the village of Sandy Ground. The pond will be robbed of its salt producing capacity as the mud is dredged to create a large bowl for mega yachts to float in. The bird habitat will be eradicated as room is created for the channel and the expansion of the project. Anguilla and Sandy Ground in particular, will have lost a unique part of its culture and history. No longer will our children or tourists be able to participate vicariously in salt harvesting cultural days. Once lost, it can never be regenerated.
Mud contains hydrogen sulphide (H2S), an odourless and poisonous gas that smells like rotten eggs. H2S poses a risk to a person’s health. At low levels, hydrogen sulphide causes irritation of the eyes, nose, and throat. Moderate levels can cause headache, dizziness, nausea, and vomiting as well as coughing and difficulty in breathing. Higher levels can cause shock, convulsions, coma, and death (www.atsdr.cdc.gov). As the village is located downwind, wave after wave of hydrogen sulphide can permeate the homes and cause irreparable damage to the villagers when the pond is dredged. It is very disturbing that, given the age we live in, people would be so unconscionable as to endanger the lives of Anguillans in this manner.
Troublingly, Anguillans do not even know who the beneficial owners are of the Sandy Ground Development Ltd. Our research shows that it is a company that has been organized and registered in Nevis. This enables it to avoid the probing eyes of domestic legislation, especially the Trades, Businesses, Occupations and Professions Licensing Act T40 of 2000. Section 5 requires the developer to reveal the names of the beneficial owners and to provide character references. The Act further requires the company to provide proof of its financial capacity to carry out a project.
Little is known about this company. It has as much mud in it as the Sandy Ground Salt Pond that it seeks to destroy. Clearly, The Definitive Agreement does not orbit the celestial bodies of openness, transparency, and accountability.
In conclusion, you have a pivotal role to play in this tragedy that was written by the then AUF Government and the developer. This is now set to be executed by the APM Government, given its belief that the document is contractually binding. You must therefore, act as a constitutional and political buffer between the developer and the Government, on the one hand, and the Anguillan people, especially those living in the village of Sandy Ground, on the other. In a British Overseas Territory, any act of authoritarianism, such as in the case of the Definitive Agreement, must be dealt with quickly as it poses a threat to good governance.
Given the secrecy and stealth of the Definitive Agreement and the dire threat it poses to the villagers of Sandy Ground, the British Government, acting through you, should set it aside on the basis that it makes a mockery of the principles of good governance.
Before this is done, however, I reiterate that a Commission of Inquiry should be established to unearth the factors that gave rise to this reprehensible document. The Commission, too, can make recommendations to be enacted into law, to ensure that such a monster does not rear its ugly head in the politics and economics of Anguilla again.
Thank you for your time and attention to this grave matter. The villagers in Sandy Ground look forward to a favourable response from you.
Respectfully,
Edison Baird
cc: Premier, Dr. Ellis L. Webster
Mrs. Cora Richardson-Hodge (Leader of the Opposition, Anguilla House of Assembly)
The Anguillian Newspaper
The Daily Herald (SXM)
Radio Anguilla, 95.5 FM
Klass FM Radio, 92.9 FM
Kool FM Radio, 103.3 FM
Upbeat Radio, 97.7 FM
WSTA1340, St. Thomas
Caribbean Media Corporation, Barbados
BBC: Science & Environment
The Guardian
The Virgin Islands Daily News
Anguilla National Trust
Anguilla Archaeological and Historical Society
Anguilla Progressive Association of New York (APANY)
Birdlife International
Fauna and Flora International (FFI)
Charlie.butt@rspb.org.uk
lisasorenson@birdscaribbean.org
NB: Please download the Definitive Agreement on any of the Sandy Ground Community Association websites:
http://www.roadbaysaltpond.com/
http://www.facebook.com/roadbaysaltpond
