Found at: http://www.anguillaguide.com/article/articleprint/4309/-1/140/

GOVERNMENT CANCELS CONSTITUTIONAL MOVE Gets Advice From Dame Bernice Lake QC And Others


The Anguilla Government has advised the Secretary of State in London not to proceed with two amendments to the island’s constitution ahead of the wider changes which have been proposed by the Constitutional Reform Commission headed by retired Judge, Don Mitchell.


Dame Bernice Lake
Dame Bernice Lake
This was announced in a press release issued by the Government on January 26. It followed one dated three days earlier stated that it had undertaken to have the constitutional amendments made to facilitate the enactment of laws for the upgrading of the Police Services.

The January 23 press release expressed the view that the amendments were consequential and that the modernisation of the police services were urgent and could not be delayed until the wider constitutional reform. The Government therefore requested the Secretary of State to make “the consequential amendments by Order in Council, the general feeling being that the changes were innocuous.”

The second release of January 26 went on: “This action was addressed on public media locally, regionally and internationally by Mr. Don Mitchell CBE, QC. The manner in which discussions proceeded gave one the impression that either the British Government was arbitrarily amending the Anguilla Constitution or that the Government of Anguilla was trying ‘to pull a fast one on its own people.’ Government is extremely unhappy with the way we have been portrayed in this matter, especially since we were not officially consulted on these concerns at any time.

“Members of Government had further discussions on the matter after some consultation with constitutional expertise, in particular Dame Bernice Lake QC, who advised that in terms of safeguarding the wider issue of the sanctity of the Constitution, we should make every effort to achieve our objectives by finding ways to do so administratively and within the parameters of the Constitution. We are grateful to Dame Bernice who from her vast experience in this area has assisted by suggesting a possible way forward. Our legal personnel are now reviewing her advice as a means of handling the matter administratively to achieve the desired objectives.

“In the circumstances, the Government of Anguilla has advised the Secretary of State that we will not be seeking an Order in Council to facilitate the proposed amendments to the Constitution for the facilitation of the enactment of the Police Bills in question.

“We thank all those concerned persons in particular Dame Bernice Lake QC for putting this matter in objective perspective.”

Meanwhile, the respected constitutional lawyer told The Anguillian that she was always ready and willing to give her advice to all persons needing assistance.




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