Governor Responds To Baird's Letter

The Anguillian has obtained the following letter written to the Hon. Edison Baird, Elected Member for Road North, by H. E. Governor Peter Johnstone.

10 January 2003

Honourable Mr Edison Baird, MA
Elected Representative
Road North Constituency
House of Assembly
The Valley
Anguilla

Dear Mr. Baird,

Thank you for your letter dated 27 December 2002 about the Chief Minister’s position as Chairman of the Caribbean Commercial Bank. You invite me to “resolve this issue in favour of good government and the general public”.

In the White Paper entitled Partnership for Progress and Prosperity, March 1999, the then Foreign Secretary drew attention to the four principles attached to the relationship between the UK Government and the Overseas Territories. For ease of reference I summarise them:

· the partnership to be founded on self-determination

· the partnership creates responsibilities on both sides

· the people of the Overseas Territories must exercise the greatest possible control over their own lives

· Britain will continue to provide help to the Overseas Territories that need it.

As the Presiding Officer of the Executive Council I have responsibility for the integrity and proper conduct of the Council. Although you have not mentioned ExCo in your letter I think it only right, in the interest of transparency, to tell you how potential conflicts of interest are handled there. All members of ExCo are invited to let me have a declaration of interests, to include interests of members of their family. All members of ExCo have done this. Thus, whenever an issue to be discussed at ExCo gives rise to a potential conflict of interests the Member concerned is invited to refrain from participation in the discussion or, in some instances, asked to leave the chamber while the issue is discussed. This has happened on a number of occasions and it has included the Chief Minister/Chairman of CCB.

The wider aspects of potential conflict of interests fall well within the responsibility of the elected Members of the House of Assembly. I note, for example, that Section 60A of the Constitution of Anguilla provides for the House of Assembly to legislate under Section 47 with regard to a Register of Interests and the requiring of declarations by Members. In the same way that the House of Commons in London has established Rules guiding the behaviour of Members and Ministers in cases of potential conflict of interest so too similar provisions could be established by the House of Assembly in Anguilla.

I suggest that the way forward would be for this matter to be aired and discussed by the elected representatives of the people, in accordance with the second and third principles listed above.

I note that you have given a wide distribution to your letter to me but that it did not include Members of the House of Assembly. As my reply suggests that they should become involved, if they wish, I am copying it to them.

Yours sincerely,
Peter Johnstone
GOVERNOR