The Anguilla Government will set up a new Constitutional and Electoral Reform Commission to start work early in 2006. Governor Alan Huckle is now consulting members of the Opposition and representatives of non-governmental organisations about the membership of the commission.

Governor Alan Huckle

The Governor explained the process that should lead to future constitutional and electoral reform discussions with the UK Government in a radio broadcast on December 19. That date was a public holiday which commemorated Anguilla’s formal separation from St. Kitts-Nevis in 1980.

In reflecting on Anguilla’s bid for self-determination, which led to its separation from the other two islands, the Governor also looked at the question of independence later on. He emphasised that Overseas Territories, such as Anguilla, could retain their link with the UK Government for as long as they wished without any pressure to change their status.

He pointed out that it was up “to the people of Anguilla, not the UK Government, to determine the question of whether or not the people of Anguilla should become independent and the timing if they wished independence.” He noted that the Bermuda Government had now raised the question of independence by initiating public consultation on the issue.

The Governor continued his speech as follows: “In the meantime, Anguilla enjoys a considerable degree of self-government through its Ministers and the democratic process. Constitutionally, nearly all the decisions affecting the people of Anguilla in their day to day lives, and as regards the future development of Anguilla, are taken by Ministers of the elected Government. Issues, such as health, education, social development, infrastructure, economic planning and the Government’s finances, including taxation and the budget, are all firmly in the hands of Government Ministers.

“The Governor, sitting in Executive Council, may advise, counsel and caution but, except for the relatively few areas of the Governor’s specific constitutional responsibility, the Governor is bound by the Constitution to consult Executive Council and act in accordance with Ministers’ advice. And even in the areas where the Governor does have a specific constitutional responsibility, such as defence, external affairs, international finance, internal security and the management the civil service, it is the Government Ministers who have control over related funding issues and whether or not Anguilla can afford something.

Government Ministers must therefore decide whether Anguilla should, for example, accept the extension of an international convention to Anguilla or, say, increase the salaries or numbers of public servants. Contrary to what some people suggest, therefore, the Governor is not all-powerful in the affairs of Anguilla. Certainly, it has always been my policy to consult and work with Government Ministers in Executive Council in a spirit of partnership and cooperation.

“The Government of Anguilla has, however, decided that Anguilla should look again at its constitution to see whether amendments should be sought. The Government plans to set up a new Constitutional and Electoral Reform Commission in the New Year to take this forward. Discussions are currently underway with elected members of the Opposition, and key representational non-governmental organisations, on the membership of such a Commission to ensure that it is broadly representative. The previous Constitutional and Electoral Reform Committee did a lot of work in soliciting the views of the people in Anguilla on key issues. The new Commission will build on that and will, I hope, seek to establish the broadest possible agreement on those areas which might be reformed.

“Previous consultation has shown that there are issues that the people of Anguilla want to debate. These include belongership, the fundamental rights and freedoms enshrined in the Constitution, the powers of the Governor and the size of the House of Assembly. Certainly, all these issues can be re-examined. And in my view, personally, there is a good case – if people can agree – for increasing the size of the House of Assembly. This could be done in many ways – by the creation of additional seats, by the election of some members at large (ie on the basis of an all island vote and/or by the appointment of more nominated members (or their replacement by elected members). A larger House of Assembly might make it possible to reduce the size of individual Ministerial portfolios, which are currently very heavy, and increase the democratic accountability of Government to the House. Many people also believe that the electoral laws in Anguilla need to be updated. But, on these sorts of issues, it is the people of Anguilla through their elected representatives to decide.
“There is no UK Government agenda on all this. Contrary to what some people allege, the UK Government is not seeking to integrate Anguilla into the United Kingdom or the European Union. Nor is the pace of constitutional change in Anguilla a matter other than for the people of Anguilla. The UK Government will not constrain the constitutional debate in any way although it will encourage the broadest possible public consultation on any proposed constitutional change. The process will be that the Commission will try to produce, preferably within six months or so, an agreed report with recommendations for change (or if that is not possible a report representing the various views as fairly as it can). The Commission’s report will then be debated in the House of Assembly and the content of that debate and the Commission’s report and any other relevant papers will be submitted to the UK Government in London. This then should lead to further discussions between the UK Government and the elected representatives of Anguilla with a view to modifying Anguilla’s Constitution. If agreed, a revised Constitution would be drafted and put to Anguilla for approval. London has no draft up its sleeve. Everything depends entirely on what Anguilla wants.

“I say that the UK Government will not constrain the constitutional debate here. That is true. Anguilla may propose any constitutional change that it wishes. But the UK Government will wish to examine the proposed changes carefully, particularly in the area of reserved powers. Many of any changes proposed are likely to be considered a matter for local decision but some will still remain a matter for negotiation with the UK Government. For whilst the UK Government retains responsibility for Anguilla, the UK Government will wish to retain powers through the Governor to preserve good governance, the mitigation of contingent liabilities and compliance with international obligations. The UK Government will take care to maintain the independence of the judiciary and the administration of justice, and the political impartiality of the public service including the police. It is the balance between respecting the UK Government’s overall responsibilities to the UK Parliament for Anguilla and the extent to which Anguillians wish to make any changes in its relationship with the UK that will be the subject of discussion between the UK Government and Anguilla’s elected representatives before any new Constitution can be agreed.

“This next year should therefore be an interesting one for Anguilla. The Constitutional and Electoral Reform Commission should be able to move the constitutional debate along to the point where formal constitutional discussions with the UK Government can begin. Anguilla will see the appointment of a Deputy Governor, who will be a belonger rather than a UK diplomat. And Anguilla will have a new Governor, Andrew George, who will see the process through. I had hoped to be part of that process but I shall be leaving in early June ’06 for my new appointment as Governor of the Falkland Islands. I believe personally that there are changes to be made to Anguilla’s constitution which would enhance the democratic process to the public benefit in Anguilla. I hope that Anguilla will take these forward. But it is up to the people of Anguilla to do so.”

| Printer-friendly page | Send this article to a friend |

World News