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Constitutional, Electoral Reform: NEW COMMISSION NOW AT WORK

The people of Anguilla are once again caught up in a constitutional and electoral review following the Government’s decision to reinvigorate the process which was started by a previous committee under the chairmanship of David Carty.

L-R: Rev. Weekes, Mr. Stanley Reid, Mrs. Petty-Barrett, Justice Mitchell, Grace Carty, Mr. Carty and Mr. Romney

The newly-appointed Constitutional and Electoral Reform Commission comprises the Chairman, Justice Don Mitchell CBE, QC with members being: Claudel Romney and Chanelle Petty-Barrett, both nominated by the Government; Calvert Carty and Grace Carty, nominated by Opposition Member, Edison Baird; Rev. Cecil Weekes, nominated after consultation with non-governmental organisations and Stanley Reid (who served on the previous Reform Committee), Secretary.

Speaking at a press conference on Monday, January 30, at which he introduced the commissioners, Governor Alan Huckle said the Government had been at pains to ensure that the Commission was as balanced and objective as possible. He noted that Mr. Mitchell, with his eminent judicial background, was “widely respected as an impartial and knowledgeable interlocutor, without political affiliation.” He was certain that the retired judge would “chair the Commission with skill and diligence.”

L-R: Hon. Evans Rogers, Hon. Victor Banks, HE Gov. Huckle, Hon. Kenneth Harrigan and Hon. Edison Baird

Mr. Huckle stated that the Commission’s terms of reference included such matters as belongership, including the establishment and protection of the rights and privileges of indigenous Anguillians; the composition of the House of Assembly; electoral reform; areas in which the powers of the Governor can be modernized to reflect local aspirations and the possible updating of the fundamental freedoms chapter in the Constitution.

The Commission has full freedom to co-opt or consult whomever it desires as may be necessary; and will hold public hearings to listen to recommendations for change and reform. It will also consider all available documents of the previous committee during 2001-2004 and, according to the Governor, will build on its work. The Commission is required to stimulate the widest possible public debate and is not to feel restricted in making its recommendations.

The Commission is to aim to present its report to the Executive Council within six months of its appointment. It will be debated in the House of Assembly before any recommendations are sent to the UK Government for discussion.

Governor Huckle

Governor Huckle stressed that the UK Government would not interfere in the Commission’s deliberations or its consultation process. He further said the UK had no new Constitution “up its sleeve” for Anguilla and would only become involved when the recommendations were received from Anguilla.

“London will certainly look carefully and sympathetically at any proposal for constitutional change, although there will be some issues on which they will still wish to retain certain reserved powers,” he went on. “The UK Government will always seek to preserve the independence of the judiciary and the administration of justice, as well as the political impartiality of the public service including the police and other law enforcement agencies. Whilst Anguilla wishes to retain the link with Britain, the UK Government will retain powers to ensure good governance, compliance with international obligations and the mitigation of contingent liabilities. But some issues, such as the composition of the House of Assembly and electoral reform, are matters for Anguilla provided the broad principles of open, transparent and accountable government are maintained.”

Hon. Victor Banks

Acting Chief Minister, Victor Banks, thanked the former members Constitutional and Electoral Reform Committee for their very comprehensive job in putting together the views of the public as well as their own presentations to the community as an educational process. He welcomed and thanked the chairman and members of the new Commission for readily agreeing to serve. He described them as “the kind of persons who will be able to deliver on what we expect of them within a reasonable time.” He particularly lauded Justice Mitchell as “a well known jurist who has distinguished himself as a very impartial scholar, historian and someone interested in our national development.”

Banks said the Government was looking forward “to a very comprehensive, detailed, representative report and at the end of this exercise… something the people of Anguilla would be proud of.”

Hon. Edison Baird

Opposition Member, Edison Baird, said in part: “The Constitution is perhaps the most important instrument in any society. It sets out and regulates a number of important relationships, especially the relationships between the Government and civil society. It is therefore very important that if any changes are made to this document that it is not done in haste and that the people be consulted.

“I want to make the point that while the Anguilla Government, the Opposition, the Constitutional and Electoral Reform Commission and the British Government have an important role to play in this exercise…the changes to the Constitution are to be made by the people of Anguilla in an open and fair referendum that will withstand international scrutiny. I believe that if we proceed to implement constitutional and electoral reform without the ultimate support of the Anguillian people that the whole exercise will be in vain.

“The British Government has rightly said that we must live up to international standards and I have always subscribed to that position. We must make certain that any changes to the Constitution also live up to international conditions and requirements and we believe that the people of Anguilla must have the ultimate say. Put the changes or options to the people in an open and fair referendum and let them decide.”

Justice Mitchell outlined a number of topics which he said would be covered by the Commission. They are increasing the maximum number of Ministers; scaling down the reserved powers of the Governor; entrenching the localisation of the Deputy Governor; considering the question whether the Attorney General should continue to be the chief legal adviser to Government as well as being the Public Prosecutor; localizing the position of Attorney General; providing for the Attorney General to be either an elected member of the House or a non-elected person appointed on the nomination of the Chief Minister; considering whether there is a need to change the requirement for a vote of no-confidence to succeed; whether there should be a general election following a successful no-confidence motion and changing the way members are elected to the House.

Other topics are: whether there should be nominated members of the House; the need for a clear definition of a belonger; protecting the rights and interests of the indigenous people of Anguilla; updating the human rights chapter of the Constitution; considering provision for an Ombudsman, a police complaints authority, making the Public Accounts Committee more effective and improving anti-corruption provisions; entrenching codes of conduct for Ministers and other members of Executive Council, the House of Assembly and politicians in election campaigns and other anti-corruption provisions; and considering the question of ex-officio members of the House and Executive Council.

Justice Mitchell, CBE, QC

Justice Mitchell said there would be other constitutional issues that would emerge for consideration. Among them are whether the Governor should continue to chair Executive Council meetings; and should the civil service and the police remain under the control of the Governor or should either a Minister or an independent body take charge. “We may come up with recommendations that are unacceptable to the British Government,” Mr. Mitchell stated. “We may make recommendations that are opposed by our own government. That is not our concern. We will do our job to the best of our abilities. We leave it to others to do theirs.”

On the question of the absence of a specialist constitutional lawyer on the Commission, Mr. Mitchell said: “We do not have any concern on that footing. Our task is to make recommendations based on wide consultations with the public, not to draft what we think is the best constitution. Other experts will do that after the British Government have agreed to the final version with our Government.”

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