President of the Anguilla Bar Association, Joyce Kentish-Egan, has come out in full praise and support for the new Regional Law Revision Centre which was officially opened here after some four years of effort.

Lawyer Joyce Kentish-Egan

Speaking in an interview with The Anguillian, the well-spoken Barrister-at-Law said it was a significant development for Anguilla, Montserrat and the Turks and Caicos Islands. “It is a bold and innovative move especially into the 21st century,” she continued. “One of the selling points for the Law Revision Centre in my view is the fact that it augurs well for a robust administration. It is very important that not only do we have laws which are updated and accepted in a codified form, but to have an actual regime set up whereby on an ongoing basis the territories are assured that there will be constant review and updating of the laws. It is a major development.

“It is significant too because in small islands where we are moving towards major development internationally, with investors coming into our islands, we must give them the guarantee that our laws match the pace of investment globally and with the demands of enforcement… We just cannot simply find that the laws we enact must only govern Anguilla and Anguillians or people residing in Anguilla. The laws must reflect what is happening globally and must keep pace with the global norms for business and commerce.”

Mrs. Kentish-Egan said the Law Revision Centre also had great potential for being an economic source of revenue for itself and Anguilla. “I see perhaps in the not-too-distant future other territories in the sub-region, which have not taken this bold and innovative step, might realise the advantages of tapping into an existing resource rather than moving forward to putting out significant finances in developing their own revision centres. It is therefore a question of accessing and taking advantage of a structure which already exists. I can see that perhaps our neighbours of St. Kitts and Antigua, St. Lucia and Dominica and all these territories within the OECS, may very well come calling on our Law Revision Centre here in Anguilla and I see the possibilities of great expansion in the centre itself and the services it offers and all of the ancillary spin-offs that come with it.”

The Bar Association President stated that the centre offered the legal fraternity access to the most up-to-date resource in terms of the laws. She was not certain about a physical library but said that the centre would have a data base so that practitioners on Anguilla, working collaboratively with the facility, could have the use of that type of data base. “It is an important development for assisting us, the judge and the judicial system in terms of research,” she further stated.

According to her one of the benefits is that a strong legal system is now available whereby the laws are updated and accessible thus giving Anguillians a strengthened judiciary to call upon. “I think our judicial system here in Anguilla works very well. We have a hard-working judge on the ball but there is always need for improvement,” Mrs. Kentish-Egan said.

She continued: “There is another thing I hope to see coming out of the presence of the Law Revision Centre in Anguilla. Not only will we move away from archaic laws but an emphasis should now be placed on ensuring, for example, that family laws are revised and brought up to date. That is an area which is crying out for immediate attention and reform. May be that is an area where there will be a very immediate and direct impact of the Law Revision Centre.

“What we would like to see is not only the laws being updated, remodelled and modernised, but that the enforcement structures are also put in place. Very often we have a problem where the laws are on the books but there are no enforcement mechanisms. Let’s take a classic example where Anguilla as a community is being severely affected. Ten years ago we were not a landlord and tenant society. Today we are very much so and we are feeling right now the brunt of the conflicts that come from that situation.

“We have a Rent Restriction Act on the books but it is so outdated that it offers no relief for the tenant and none for the landlord. What is worse is that it provides for a Rent Assessment Board and for certain mechanisms – none of which are established and as practicing lawyers we find ourselves very hamstrung in being able to deliver results and relief whether we are acting for the landlord or the tenant. That definitely is an area. I can name a few more but that is a real and present hardship. So I can see that would be an immediate impact coming from the Law Revision Centre working with the Attorney General’s Chambers here and in the area.”

Speaking about areas of cooperation among Anguilla, Montserrat and the Turks and Caicos Islands, with respect to the Law Revision Centre, Mrs. Kentish-Egan had this to say: “I can foresee too that we can have the harmonisation of our legislation so that we are not re-inventing the wheel so that when we go to Montserrat [or the Turks and Caicios] we know that we are dealing with the same legal framework and we are not far a-field from each other. After all we are operating within CARICOM and the whole idea is that if trade and commerce and investment are to translate into something which is immediate and accessible, then there must be harmonisation of our laws so that everybody dealing and advising can know we are all on the same page.”

The Anguillian told Mrs. Kentish-Egan that it seemed that the Law Revision Centre could not have come at a better time.

“Its advent is absolutely spot-on,” she replied. “It could have come before but the great and pressing need was not there before but it came riding in just at the right time.”

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