As the Governor’s Office, through the Deputy Governor, continues to reform and modernise the Anguilla Public Service, a three-member Integrity Board has been appointed to examine issues of conflict of interest where reported and to advise on how to resolve them.

Deputy Governor, Mark Capes, Governor Huckle, Don Mitchell QC, Pastor Cecil Richardson and Allister Richardson

The Board was sworn in on Monday October 25, in the Executive Council Chambers by Governor Alan Huckle with Deputy Governor Mark Capes standing by. The Chairman is recently retired High Court Judge, Don Mitchell QC, with members being former Permanent Secretary Allister Richardson (Chairman of the Public Service Commission) and Pastor Cecil Richardson – three Anguillians of high integrity and respect.

Speaking at the short ceremony, Governor Huckle noted that the Public Service Integrity Board Act was already in existence but was not implemented. He commended the Deputy Governor for taking it forward and was grateful to the new appointees for agreeing to serve on the Board as its first members.

“One of the cornerstones of the democracy is transparency as well as accountability and another is honesty,” the Governor went on. “The Board is there to promote those virtues. The Board will investigate allegations of conflict of interest in the Public Service and the Act requires the establishment of a Register of Interests by civil servants.

“This is a new area and I think we should all tread cautiously. It is a small society and there will be cases of double employment on the island and we are not trying to stop that. Our key objective is to ensure that such activities do not raise doubts about the integrity of the process of Public Administration.”

Mr. Capes, the Deputy Governor, told the Chairman and Members of the Board that their task was a challenging one but, given their ability and reputation, he had every confidence that they were very able to carry it forward.

“With my responsibility for the civil service, it has been clear to me for some time that we do need a Public Service Integrity Board,” Mr. Capes continued. “In Anguilla, as everyone knows, many civil servants have more than one job and I just like to say here, and underline it, that the Public Service Integrity Board is not about denying people the chance to have a second job. That is not the interest at all.

“In a small and rapidly growing society and economy, skills are in high demand and if we were to try to deny people a second job, we would be holding back economic development. So what we have to do is try and make this work in a flexible way that recognises the reality of modern Anguilla. In the same breath, as Anguilla grows, so we must have a strong, dependable, respected civil service. That is what this is for: to build and strengthen the public service.”

Mr. Capes said that persons would know about cases where a civil servant had a second job which appeared to be in conflict with his professional job in the public service. “If that is the case, then we need to address that because if somebody is in fact holding a second job or other interests which directly conflicts with that position in the public service, then that can damage the reputation of the whole public service.

“It can also have an impact on the close colleagues of that officer…This is about bringing transparency and therefore killing rumours. Where there are malicious rumours, we will demonstrate that they are. It is in the interest of all public servants that the public service is seen to be doing what it is meant to be without any of these associated problems.”

The Deputy Governor stated that there was a General Orders requirement that before taking a second job, public servants should seek the permission of the Governor. He added that over the years that seemed to have fallen by the wayside, but that the setting up the Integrity Board would address the matter.

Governor congratulates Mr. Mitchell

In his acceptance speech, Mr. Mitchell outlined the duties of the Public Service Integrity Board as set out in the Act. Those duties are:
• To examine requests for permission from public officers to hold interests in commercial undertakings or to engage in private work;

• To report to the Governor whether any grant of such permission would be a conflict of interest;

• To investigate as directed by the Governor any alleged conflict of interest;

• To examine the Establishments Department’s lists of public officers who hold interests in commercial undertakings or are engaged in public work;

• To report to the Governor the results of all investigations with recommendations.

“From the above, it will be apparent that the main issue that the Anguilla House of Assembly passed this Act was to deal with conflicts of interests among public officers, “Mr. Mitchell said. “The Board is not an Ombusman and does not investigate complaints against actions and decisions of public officers. The Board is not a court to hear evidence and try cases brought against public officers. The Board will principally investigate allegations of conflict of interest involving public officers... It will be for the Board, on receipt of proper directions from the Governor, to investigate and to make recommendations to him for further action, if any such situations are found to exist among public officers in Anguilla.”

In his wide-ranging speech Mr. Mitchell looked at the setting up in Britain of the Committee on Standards in Public Life chaired by Lord Nolan and a Code of Ethics drawn up by the Australian Parliament for its public service. He spoke in particular about the Seven Principles of Public Life set out by Lord Nolan in a report to his committee. They are selflessness, integrity, objectivity, accountability, openness, honesty and leadership which have been accepted and adopted throughout the Commonwealth.

He said that in beginning their work, the members of the Public Service Integrity Board would have to educate themselves and the public on conflict of interest issues and how to resolve them. “Our reports and recommendations on any particular conflict of interest will eventually find their way to the Public Service Commission,” he continued. “It is worth reminding ourselves that under our Constitution it is the Public Service Commission, and not the Board, that has responsibility for the disciplining of civil servants.

“Nevertheless, in our work we shall be touching on people’s income and livelihood, than which there are few more touchy subjects. It is not going to be easy to get a correct balance between the public interest and private rights. We are going to need all the help from the public that we can get.

“It is the Anguillian public, after all who, in the final analysis, will decide what is or is not acceptable conduct among public officers. It is the average man and woman in Anguilla who will have to set the standard that we all expect our public officers to live up to. If they think that certain practices are ok, and they are content to permit them to continue in Anguilla, then there is little that a Board can do to change that perception of those practices. If, on the other hand, Anguillians stand up and join the chorus that certain behaviour is not acceptable, then, when some public officer falls below the benchmark, it will not be difficult for Board to assist the Governor and the Public Service Commission with the enforcement of those standards.”

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