29th April 2022
BY EMAIL: DileenLdanielselvaratnam@fco.uk
Your Excellency, Ms Dileeni Daniel-Selvaratnam
Governor
Old Ta Anguilla
Your Excellency,
RE: CONSTITUTIONAL BASIS FOR APPOINTMENT OF HONOURABLE PARLIAMENTARY SECRETARY AND HONOURABLE MINISTERIAL ASSISTANT AS ACTING MINISTERS
Greetings to you.
I refer to HM Governor’s Office in Anguilla Facebook posting on 27th April 2022 announcing the appointment of Hon. Merrick Richardson as “Acting Minister with Ministerial duties for Social Development” and Hon. Quincia Gumbs-Marie as “Acting Minister with ministerial duties for Economic Development”. I have also noted an explanation of the appointments headed “Acting Appointments” which was uploaded to the HM Governor’s Office Facebook page on Thursday, 28th April 2022.
As a legal mind, and as the Leader of the Opposition in the Anguilla House of Assembly, I remain intrigued as to the constitutional basis for these appointments. Section 24(2) of the Anguilla Constitution Order 1982, as amended (the “Anguilla Constitution”) simply provides that the Ministers (other than the Premier) shall be appointed by the Governor, in accordance with the advice of the Premier, from among the elected members of the Assembly. Section 27(1) provides that the Governor, acting in accordance with the advice of the Premier may assign to any Minster responsibility for the conduct of any business of the Government of Anguilla including responsibility for the administration of any government department. It should be noted that neither of these two provisions contemplate the temporary appointment of an elected member who has not been substantively appointed as a minister under sections 24(2) and 27(1).
While there is reference to the Governor having the constitutional authority to authorise any other Minister to perform the functions conferred on the Premier in the event the Premier is unable to perform the functions of his office by reason of illness or absence from Anguilla (Section 26) this provision does not confer authority to temporarily appoint elected members without a Ministerial portfolio as Acting Premier or Acting Ministers of Government and there is no provision that does so.
I note the statement made in the Acting Appointments explanation that “[Tjhe power vested in the Governor by virtue of these provisions to make appointments to the office of Minister incfudes the power of appointment of a person to act in or perform the functions of the office of minister”, however there is no reference as to where this statement is supported by the provisions of the Anguilla Constitution. To be clear, the concern is not whether a Minister appointed under Section 24(2) can temporarily be appointed with responsibility for another Minister’s portfolio, but whether an elected representative who has not been substantively appointed as a Minister can be appointed as an “Acting Minister”.
Reference to Section 73(4) is misguided and inapplicable, in my humble opinion, since Section 73 of the Constitution is the Interpretation Section (what is commonly known as the definition section) and simply provides the definition of words used in the Constitution. It is not an enabling provision and ought not to be relied on to justify the acting appointments made.
In relation to the post of Deputy Speaker, The Anguilla Constitution (Amendment) Order 2020 makes it clear at Section 2(a) that the House of Assembly “shall elect a Deputy Speaker from among the elected members of the Assembly other than a member of the Executive CounciL .. “. Section 2(b) states that a person must vacate the office of the Deputy Speaker if that person becomes a member of Executive Council.
The appointment of the existing Deputy Speaker was on the basis that he was not a member of Executive Council, in accordance with the Anguilla Constitution. His appointment as Acting Minister therefore turns this constitutional provision on its head, and it is not acceptable to simply state that it falls to the House of Assembly when it next meets to elect the Deputy Speaker. This acting ministerial appointment was in breach of the provisions of the Anguilla Constitution. Further, it must be noted that Section 2(a) of Anguilla Constitition (Amendment) Order 2020 provides that where lithe office of Deputy Speaker falls vacant for any other reason than the dissolution of the Assembly, the Assembly shall, as soon as convenient, elect another member to that office.” (Emphasis provided)
I seek further clarification on behalf of the people of Anguilla, as these acting appointments have set yet another undesirable precedent during the term of this Administration. These important questions fall to you to be answered as the Governor of Anguilla appointed by Her Majesty pursuant to Section 19 of the Anguilla Constitution.
In the circumstances, I look forward to your response .
Yours sincerely,
Cora Richardson Hodge
Leader of the Opposition in the Anguilla House of Assembly
(Published without editing by The Anguillian newspaper.)
