It has been some seven years since Anguilla set out on a mission of constitutional and electoral modernisation, but a draft Constitution for the island is now in the hands of the island’s Government which will be taken to the public shortly.

The document was presented to Chief Minister Osbourne Fleming by Lolita Davis- Richardson on Friday, February 6.

Chief Minister being presented with Draft Constitution by AG’s Chambers

Dame Bernice Lake, QC

“It has been quite a while since this exerAScise began and I want to thank all the Committees back from David Carty right up to now for their input and the people of Anguilla for their support,” Mr. Fleming said in his remarks. “Most recently however, the Government is grateful to Dame Bernice Lake Q.C. and Mrs. Lolita Davis-Richardson for their input and hard work for us to be where we are today. I know that most of them have devoted a lot of time in the preparation of this document and I also want to thank by colleagues and others who were involved in this exercise.” He was also grateful to Attorney General Wilhelm Bourne.

He said the Committee responsible for the present stage of the Constitution would be meeting again to review and possibly amend the draft before taking to the people of Anguilla. He regretted that Opposition Members Hubert Hughes and Edison Baird who were originally part of the Committee had withdrawn from the meetings but that they would nevertheless be presented with copies of the draft. He hoped that they would join with the rest of the team in examining the draft when the public consultations begin. He was also grateful to Don Mitchell Q.C. who chaired the second Constitutional Commission worked with the recently-appointed Committee to further look at the Constitution but who later also withdrew from the discussions.

The Chief Minister said that no actual date was set for talks with the British delegation but it was anticipated that towards the end of March might be an opportune time.

In presenting the draft document Mrs. Davis-Richardson said that Anguilla could be a model of democracy in the region that its small size was not a hindrance and in some respects it might be a very valuable asset. “With this in mind, it is indeed a great pleasure
and a privilege for me to present to the Chief Minister, the Attorney General and the people of Anguilla the first draft of the new Anguilla Constitution,” she said. She was grateful to them and the Drafting Committee for giving her the privilege “to be part of the historic document and moment in our proud history as a people.” The draft, written by her, reflects the views and recommendations of the Committee and based on previous consultations with the public.
“We believe that what we have put forward is a legally defensible position for what is best for Anguilla in terms of modernization of a Constitution and I am sure that the Anguillian people will be very happy when they see what is in,” she stated. She said she loved constitution drafting and had learnt a lot from Professor Carnegie and Dr. Francis Alexis, two regional personalities. She praised Dame Bernice Lake, who played a pivotal role in the constitutional modernisation process and who she described as a “huge resource” in Anguilla and was “recognised as one of the best constitutional lawyers in the Caribbean and by definition any part of the world.”

Minister of Finance, Victor Banks joined Mrs. Davis-Richardson and Chief Minister Fleming in thanking all members of the Drafting Committee and in particular Dame Bernice whose involvement gave the group an advantage in the undertaking the exercise. “This has particular phase of the constitutional reform process has been a learning experience for me because it opened my eyes to a lot of intricate aspects of the Constitution and how things have evolved over the period and particularly the section on Fundamental Rights and Freedoms of individuals and what that means to us as a people,” he said.

Mr. Banks hoped that the coming public consultations would be stronger than previously and that no one would seek to make the exercise a political issue. He further hoped that everyone would understand what was being sought in the document before they made critical statements about it or dismissed without serious thought. “It is intended to be a genuine effort by all us from whatever political, religious or cultural persuasion. Once we are part of the Anguillian society we have to contribute towards developing a constitutional document which will for all time.”

Attorney General, Wilhelm Bourne, thanked the team which had been working for almost a year towards the drafting stage of the Constitution and for the tremendous work by Dame Bernice and Mrs. Davis -Richardson. “Various experiences are very invaluable in trying to put a Constitution together, reflecting the cultural norms and aspirations of your people,” he said. It is therefore very important to have various inputs from people who are in a position to assist to articulate in the document the aspirations of the people of Anguilla.”

The Attorney General added: “From my point of view I was particularly interested in ensuring that the best interest of Anguilla was always protected and implemented and this will be the position going forward. It is not for me to determine what Anguillians should have. It is for them to decide that. From my point of view, my role would be to see that it is in proper form and consistent with the aspirations and requirements of the Anguillian people and that it is a document that would service the country in its best interest for many years.”

The presentation ceremony was chaired by Foster Rogers, Permanent Secretary in the Chief Minister’s Office.

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