Government Defends Constitutional Action

The following is a press release issued by the Government of Anguilla on Tuesday, January 23.

The Government of Anguilla is concerned that over the last few days there have been statements and opinions expressed over the various radio media, that the Anguilla Constitution is being amended arbitrarily without the involvement of the Government and People of Anguilla. As a result of the high level of indignation generated, it is even being suggested that this action is good cause to call for the resignation of the duly elected Government.

For the most part these rising concerns were caused by comments made by Mr. Don Mitchell C.B.E., Q.C. a former OECS Judge and Chairman of the Anguilla Constitutional Commission. While Mr. Mitchell admitted that he spoke with the two elected members of the opposition on this matter we are surprised that while he also contacted the Governor, to date he has not officially shared his concerns with the elected Government and the Speaker of the House of Assembly. This approach does not appear consistent with the established principles of balance practiced in journalism, law or any profession upon which the public relies for equity and fairness in its statements or opinions.

After hearing numerous reports Government sought to determine the reason for this media tirade which has unwittingly incensed many members of the public. We have determined that it is in connection with the new legislation being drafted as a part of the present upgrading and modernization exercise taking place in the Anguilla Police Force. In this context, it would be useful to outline the course of this exercise to date.

It has been widely publicized that a comprehensive exercise to strengthen and upgrade the law and order apparatus of Government has been ongoing over the last twelve months. This included a comprehensive salary revision exercise of the Police Force which was implemented on November 2006 retroactively to July 2006; a number of bills “gazetted” on October 20th, 2006, namely, the Royal Anguilla Police Service Bill, the Police Pensions Bill, and the Police Service Commission Bill as well as some administrative changes within the Police Force.

All these Bills were presented to the Anguilla House of Assembly for the First readings on October 31st, 2006. Because of the changes in legislation, regulation and designation of the Police Force, the new legislation could not be enacted without consequential changes being made to the Constitution. The second and third readings of the Bills were therefore postponed until these consequential changes could be made.

Since these amendments were consequential, the Government of Anguilla felt that because of the urgency of the modernization process they should be progressed ahead of the wider Constitutional Reform exercise. The Government of Anguilla in the normal way therefore requested the Secretary of State to make these consequential amendments by Order in Council to give effect to the Police Reforms. These reforms are critical for the implementation of all aspects upgrading of our law and order apparatus.

For public information those amendments are as follows:

a. To change the name of the “Police Force” in the constitution to the “Police Service”

b. To amend Section 66 of the Constitution which establishes the “Public Service Commission” to include the establishment of the “Police Service Commission”.

c. To amend Section 79 of the Constitution by inserting the words “Police Service Commission” after the words “Public Service Commission”.

These amendments have all been requested by the Government of Anguilla to bring closure to this important exercise geared towards the positive improvement of law and order for the People of Anguilla.