Complaints Procedure

Why are we not considering a complaints procedure in Anguilla? If we are mistreated by a government department who do we complain to? Can we appeal to anyone if injustice is served out to us by a public servant?

Falkland Islands is doing something about it. See the article in the Falkland Islands News Network. It is a summary of what was discussed in their Executive Council on 29 January 2007. I am reading it today, 30 January. That is the day following their Executive Council meeting!

Why do we not get told even a week later what was discussed in our Executive Council? Why is everything so secret? What are they ashamed about? Why can we not have a little transparency in our government? It is not a legal requirement that Executive Council minutes be kept secret. It is only a bad habit that we have grown accustomed to.

It is not as if we do not have the resources to be more transparent. Our Chief Minister has a Special Assistant PRO, Curtis Richardson. He has also recruited Wycliffe Richardson to hold Curtis’ hand. What are the two of them doing? Why do we not hear from either of them what the government is saying and doing on our behalf?

Then, there is the government website. See if you can find anything interesting on it. It has got to be one of the most boring government websites in the entire West Indies. The Chief Minister could change all that by ordering a summary of every Executive Council meeting to be published on the website immediately after every meeting.

Blondell Rodgiers: Special Assistants 4

Blondell Rodgiers.

Blondell was an unsuccessful candidate in the 1999 elections. She was a candidate for ANA and ran against Victor Banks. She is the Special Assistant in the Ministry of Social Development, whose Minister is Neil Rogers. She has filled that post since the year 1999. The Chief Minister explained her and the other Special Assistant appointments at a press briefing given shortly after the last elections. She occupies an office in a section of the Old Police Building in the Government Secretariat complex. It is not clear what her duties are, but she is concerned with some aspects of community development and welfare.

Prior to getting involved in Anguilla politics, she resided overseas working as a seamstress. She is clearly marking time until the next elections when she must hope to stand a better chance than previously.

Donna Banks: Special Assistants 3

Hon Donna A Banks MLA.

Donna may be described as the next senior special assistant to Eric Reid. She has played the role longest, having been around since the last administration. She has now been promoted to be a nominated member of the House of Assembly. She is virtually a Senator or member of our House of Lords, so to say.

We saw her performing her dual role recently in the House of Assembly when she chipped in with her views on the subject of Cap Juluca Hotel. She has an office in the Ministry of Finance. She advises the Minister of Tourism, Victor Banks, on tourism and tourist related projects. She is highly trained in tourism marketing and brings this knowledge and experience to government. She carries the ball for Victor with tourism. He cannot be everywhere and do everything his Ministries expect.

With Amelia Vanterpool Kubish as Director of Tourism there is some overlapping of duties.

Anguilla-UK governments

The Government Says.

If you too would like to know every time a UK government minister or agency mentions the name of Anguilla in any British publication, just go to The Government Says. There, you type the word “Anguilla” in the box at the top left of the page, and your email address in the box at the top right. Then, the next time Geoff Hoon mentions Anguilla again in the House of Commons you too will know about it immediately without me having to tell you.

Eric Reid: Special Assistants 2

Eric Reid OBE.

Eric is called “Senior Adviser to Government”. He retired from active politics at the last general elections for health reasons. He did not stand for election, but when the ruling party was returned to power, he was given this appointment.

He has been given an office next to the Chief Minister, with a direct door giving him instant access at any time. He sits in on every meeting held by the Chief. His main concern appears to be applications for Aliens Landholding Licences. He does many of the interviews that would otherwise be done by the Chief Minister. He also attempts to advise government on matters relating to social development. I am told that his complaint is that they do not listen to him.

He is universally recognised to be a good person to have around. He brings stability to the government, and is a wise and trustworthy gentleman.

Special Assistants 1

What Are They?

The Chief Minister has, in the last two administrations, appointed a number of Special Assistants, sometimes called Political Advisers. They assist particular Ministers. Most of them have offices in government buildings. They are not public servants, being political appointees, though they are paid from public funds. They are very powerful, as they have the ear of the minister. They even sit in on Cabinet Meetings chaired by the Chief Minister every Wednesday afternoon. These meetings, among other things, plan strategy for the Executive Council meetings chaired by the Governor on Thursdays.

There are conflicting views on the value of these appointments. There are even more conflicting views on whether these appointments are proper. On the one hand, there are those who argue that they provide vital services to the community. With only four ministers of government, there is a need for them to be supported by persons they can trust politically. On the other hand, there are those who argue that their appointments are questionable. First, some of them are patronage appointments: persons who are not expected to do much, just to be grateful for a warm seat and a safe harbour against the sharp barbs and pricks of the real world. These have no clear duties or responsibilities. They are paid from public funds but do not provide value for money. Second, and this applies to all of them, their roles conflict with that of the public service officials who are paid to advise and help the Ministers. As such, they do more harm than good. Third, it raises suspicions and eyebrows when persons who have served as public servants cannot go home and enjoy retirement. If Anguilla is unable to produce “new blood”, then something is drastically wrong.

Chief Minister Osborne Fleming has given his views on their role and function in an article published in The Anguillian Newspaper on 18 March 2005. The present Special Assistants that I have been able to identify are: Eric Reid OBE, Hon Donna Banks MLA, Blondell Rodgiers, Othlyn Vanterpool, Ashton Bradley, Kenswick Richardson, Curtis Richardson, Marcel Fahie, Claire Wilson and Seymour Hodge. I am going to be considering each of them in a series of posts over the next few days. Let me have your thoughts.

British Overseas Territories

Constitutional Reform in the British Overseas Territories.

The following question and answer appeared in Hansard on 9 January. It shows us the state of play of constitutional reform in the British Overseas Territories as of January. Of the 12 Territories worldwide, only Anguilla, BVI, Cayman Islands, Falkland Islands, and Montserrat still have to complete their review process. Only Anguilla and the Falkland Islands have not yet begun discussions with the British Government. We are falling behind.

This is what the question and answer looked like: [The illustrations are entirely mine!]

Written answers in Parliament

Tuesday, 9 January2007

British Overseas Territories

Andrew Rosindell (Romford, Conservative) | Hansard source

To ask the Secretary of State for Foreign and Commonwealth Affairs what stage has been reached in proposed constitutional reform in each of the British Overseas Territories.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Geoff Hoon (Minister of State (Europe), Foreign & Commonwealth Office) Hansard source

The present situation in the constitutional review process in each of the Overseas Territories is as follows:

Anguilla

A Constitutional and Electoral Reform Commission was appointed in early 2006. It formally presented draft recommendations in August 2006. It is for the Government of Anguilla to decide on the next stage in the process.

British Virgin Islands

Three rounds of talks were held in 2006 and a proposed final round is planned for February 2007 in London.

Cayman Islands

Exploratory talks were held in the Cayman Islands in March 2006. We are expecting to resume talks following the completion of the public consultations which we understand are planned by the Cayman Islands Government for early 2007.

Falkland Islands

The Falkland Islands Government have established a Select Committee on Constitutional Reform. The committee has published two reports—in October 2005 and, following the election of a new council, in August 2006—and the issues have now gone to public consultation within the islands. We await a formal approach from Falkland Islands Councillors, once their proposals have been finalised.

Gibraltar

The constitutional review process with Gibraltar, which started in December 2003, has concluded successfully. Gibraltar's new constitution came into force on 2 January 2007.

Montserrat

Formal talks were held in Montserrat in September 2005, March 2006 and October 2006.

It is likely that a further round of talks will be held in spring 2007, before a proposed final round in London thereafter.

St. Helena and Dependencies

In a consultative poll in May 2005, St. Helenians rejected a draft constitution negotiated between representatives of St. Helena and the Government, which would have provided for ministerial government for the territory, among other things.

Turks and Caicos Islands

The constitutional review process with the Turks and Caicos Islands (TCI) concluded successfully in October 2005.

TCFs new constitution came into force on 9 August 2006.

There are currently no proposed constitutional reviews for Bermuda; British Antarctic Territory; British Indian Ocean Territory; Pitcairn Islands; and South Georgia and South Sandwich Islands.

------------------------------------------

That is the end of the question and answer.

My comment is as follows. The Anguilla Consititutional and Electoral Reform Commission presented its Report and recommendations for amending our Constitution since August 2006. That is six months ago. Since then there has been no discussion by government. It has not come up in Executive Council, that we have heard of. It has not come up in the House of Assembly. What is our government doing about the Report? Having spent the public monies on this exercise, they owe it to us the public to tell us what they are thinking.

Crime: Guest Editorial 3

“What a Crime!”.

When are we going to get serious about crime on this island? Some get involved in criminal activity out of need, others out of greed. Certainly, there should be no “need” on this island at present. We have managed to create more jobs than the number of people available. Criminals involved in stealing should be severely punished for their willfulness.

With respect to other heinous crimes, we have several issues that need to be addressed urgently. Firstly, we have to investigate and identify the causes behind young people turning to violence and crime, and follow up with social reconstruction.

Secondly, there must always be strong deterrent to discourage crime. To begin with, we must strengthen our ability to solve crime and to apprehend the perpetrators. Then, the punishment must be appropriate to the offence. Obviously, we have limited police resources. But, when police turn up two weeks later to investigate a shooting incident, that is also a crime.

When we see our cops so enthusiastic after traffic offenders whilst our criminals are on the loose, enjoying immunity, we are entitled to be concerned. Every effort and resource should be put behind solving our serious crime, eg, murder. If not, we will soon earn the title of being the “place to get away with murder”. We don’t need a “police band”. We can have others do that. We need real cops! We need police who are well trained, and capable of investigating adequately, and of solving crime. They must be committed to this cause, and when they fail, they should be replaced with ones who are committed and capable.

Prevention and solving of crime is not a problem only for the cops. It is a problem that the entire society needs to be involved with. The community’s assurance that there is confidentiality with respect to the reporting of evidence needs to be developed rapidly. Internal investigations to weed out corrupt cops cannot be done soon enough. Our cops should not be allowed to work extra hours outside the force. We should try to occupy them within the force if they deserve extra hours of duty. We have extra work to do! There are a lot of unsolved serious crimes.

We must impose a no-tolerance policy on our foreign criminals. One strike and you’re out. Why do we incarcerate, feed and spend money on foreign criminals in our prisons? They should be charged and deported to their homelands never to return to our shores.

Let us get serious about eradicating this scourge and put the necessary resources into this problem. Enough lip service, time for real action in order to prevent future remarks such as, “What a crime!”

Political Advisers

Political Advisers

I am doing research on the role of the Political Adviser in Anguilla. They are also called Special Assistants. Who are they? What do they do? How much are they paid? How do they interact with the public service? Should they be regulated?

Please do not post your comments on this Blog. Instead, send them to me at the email address at the top of the page. Thank you.

1. Let me thank those who have telephoned with support or have emailed useful suggestions or posted comments.

2. Let me thank especially those who sent supporting evidence.

3. Remember, send copies, keep your originals.

4. Audio files, photos, and Word documents are all useful.

Health: Guest Editorial 2

“Public Health”.

I was disturbed the other day when I heard a Minister of Government discussing the National Health Fund. He remarked that local people must pay their own way.

This would be all well and good, if we were all paying on a level playing field. When our government gives away our assets of land and tax concessions to billionaire investors, and can in the same breath ask the local people to pay extra for basic needs, then I call, “Foul!”

When the Social Security Scheme takes away 5% of the workers’ salaries, and has enough money to spend on basketball courts, money to send people overseas to watch cricket, and money to support many other frivolous activities, while there are no health benefits attached to the Scheme and only 60% employment benefit, then again I call, “Foul!”

If there is enough money in the Scheme to support all of these non-health issues, I think the Scheme needs to be re-engineered to ensure that the contributors benefit maximally, before the Board of Directors can have access to dispose of the workers’ hard-earned monies for frivolous activities.

These excess funds should be channeled into the National Health Fund.

This should be done before we are asked to pay more. The investors that are creating job-demands that outstrip our local population should be made to pay their own way! That is, not only should they be made to pay to secure the health needs of all the imported workers for their projects, but, they should pay customs duties like all other local businesses, rather than we the locals be made to pay our way and theirs as well. If they are made to pay for public lands given to them, even 50% of what they are getting for those lands from their customers, then there would be lots more money available for the National Health Fund.

So, when our government ministers could preside over the systematic divestment of the island’s land resources and tax assets, and Social Security could spend our precious funds on non-health issues, and our ministers still have the nerve to announce in the House of Assembly that we must pay our way, then I have no choice but to cry, “Foul!”

Police Reform

“Police Reform”.

I was trolling through Hansard this morning and came across a question in Parliament asked of the Secretary of State. The question was what Orders in Council he planned to bring forward during 2007, and if he would specify the purpose and the overseas territory concerned in each case.

To my astonishment, Geoff Hoon, the Minister of State Europe, Foreign & Commonwealth Office replied in writing yesterday as follows. “There is no annual calendar of planned Orders in Council for the British Overseas Territories. Orders in Council are made on a case-by-case basis as necessary, and appropriate, and usually after consultation with the Governments of the Overseas Territories. An example of this is the Anguilla Constitution (Amendment) Order 2007 which will amend the current Anguilla Constitution so as to give effect to police reforms requested by the Government of Anguilla. We intend to submit that Order in Council to the Privy Council at its meeting on 7 February 2007.”

I had no idea we had asked for any constitutional amendments to deal with the police. No constitutional amendments have been publicly discussed. None of our Ministers has mentioned the word “police” in public for years. The Governor is the minister for the police. He has not mentioned once in public in recent years any need to amend the Constitution to deal with the police. It would be fair to say that the Anguillian public has no knowledge of any proposal to amend the Constitution to deal with the police or any other matter. There was a mention in the Gazette recently of a proposal to create a Police Service Commission. But, we have no idea what amendments are now being proposed for our Constitution.

The Constitutional and Electoral Reform Commission has made several recommendations for constitutional amendments concerning the police. See in particular, paragraphs 60-63 of the Report presented to government on 25 August 2006. One of these recommendations is for a Police Service Commission. The Constitutional Commissioners were quite specific about the type of Police Service Commission that was desirable for Anguilla at this time. The Report is available on the Government website, if you would like to read the paragraphs for yourself. There has been no discussion of the Commission's recommendations as yet since that date. Why are we not informed of constitutional amendments before they are brought into effect? These are not the Middle Ages, for God’s Sake! And, we are not peasants or serfs to gratefully accept whatever bones of improvement are cast our way!

Are the proposed amendments consistent with the proposals made by the Anguillian public through the recommendations of the Commission? Are they in conflict with the recommendations? What is the exact wording of the proposed amendments? Does anyone know what the proposed amendments are? Am I the only one being kept in the dark, and this is something everyone else knows about?

If I am wrong, will someone please let me know.

And, I give notice that if the proposed amendment is not consistent with the wishes of the Anguillian public, as expressed in the Report of the Commissioners, I shall campaign relentlessly against it. When it is passed as an Order in Council, I shall argue that it is unconstitutional and illegal, and unenforceable. I shall urge that no Anguillian should be so traitorous as to agree to serve on it. I will change my mind only if I can be persuaded that the amendment has in fact been subject to thorough public scrutiny and discussion prior to its being brought into effect. That is the only way that our Constitution can be validly amended.

Cost of Corruption

The cost of corruption

By Dennis Chung

Friday, December 29, 2006

On Christmas Eve, Sunday, December 24th, the Gleaner published an article confirming what many of us have known for a long time. The report, entitled "Confession of a corrupt cop", told of the ways the police corruptly made money by protecting criminals and making evidence disappear.

It went on to speak about the silent code of not informing on a colleague, as this is seen as support. In my mind this is no different from the same "informer culture" that the police so publicly chastise inner-city citizens about, and in the latter case it is more a means of survival rather than protecting wrongdoing.

The 2006 Transparency International Corruption Perception Index showed Jamaica at a score of 3.6 out of 10, with 10 being the least corrupt. Other Caribbean countries scoring lower than Jamaica were Haiti (1.8), Guyana (2.5), Dominican Republic (2.8), Trinidad & Tobago (3.2), and Cuba (3.5). Barbados of course was at a score of 6.7. Is it any wonder that Barbados is perceived as the most developed Caribbean country? The fact is that corruption has a significant economic cost, and is a primary reason why economies underperform.

Corruption culture

Many commentators have been saying for sometime that corruption in the police force, and the political support given to it by way of denial over the years, is a fundamental reason why Jamaica is in this economic plight. Whenever a civil servant takes "a smalls" to do a favour for someone, the customs officer takes a bribe to let in a shipment of guns, or a politician awards a contract because of political affiliation, it eats away at our moral fibre and necessitates a premium for persons doing business in Jamaica.

The fact is that if one were doing business in the war-torn area of the Congo, you would demand a return way in excess of normal profits for the risk. Similarly, when we create a culture of corruption it means that the return required for doing business in Jamaica is higher than countries such as Barbados. This will have an effect on driving inflation as quicker returns are required. It also discourages any investment in long-term asset creation. We therefore end up with a trading and service society, which Jamaica has transformed into over the years.

This is one of the primary reasons why I have always said that Jamaica does not have an economic problem, but rather a social one. We have bauxite reserves, an attractive tourism product, the best coffee, reggae music, and we can go on and on. So from an economic standpoint there are many products that we have a natural competitive advantage in, which means that we have the basic requirements for economic growth. What we do not have is a society that can create wealth from our natural resources. And this is partly because by our actions we have so corrupted rational market behaviour that resources are not efficiently allocated.

When a politician awards a contract because of political affiliation it means that the best person may not get the contract, and because it is not awarded on a competitive bid then what results is mediocre work. The contractor knows that irrespective of the quality of the work performed that he/she will still be paid, and more often than not the price escalates.

When a police officer turns his back when confronted with an illegal situation it creates an unfair competitive advantage for the criminal whose only purpose of starting a business is to launder money, rather than create a productive organisation. When a member of parliament wins an election because his/her cronies stuff ballot boxes, it means that there is no drive to improve people's lives, as whether people vote or not then he/she will be returned to power.

These examples illustrate clearly that corruption has a significant cost as it prevents markets from working in an efficient manner, and this in turn makes countries uncompetitive. It is this sort of culture that kills entrepreneurialism more than anything else.

Need for rules

In order for companies or countries to grow, there need to be rules or processes by which they act. For example, at one extreme if there was no justice system then what results is anarchy. In this case, if someone has a commercial dispute, then instead of resolving it in the courts they may seek to do so by strong-arm tactics and what's worse is that the winner may be the incorrect one.

If a company does not have guidelines for how they invest, then investments could happen because of friendship or the emotional decision of one person. In both cases, we see that the most efficient solution would not be arrived at, resulting in a corrupt business environment in the first case and possibly significant losses in the latter.

Similarly, corruption has the effect of removing predictability from business decisions. We have, for example, heard of the high cost of doing business in Nigeria as at almost every level someone has to be paid. Only the most daring and those with connections end up doing business in such a country, despite their large oil reserves.

Nigeria is proof that even if a country has one of the most valuable resources in the world, the viability of the economy is not guaranteed unless the society is organised in a manner designed to exploit the natural advantages. This is the primary advantage that developed countries have over underdeveloped and developing countries.

Whatever we may say about the United States, it is this organisation and predictability that drives people to want to live there. The result is that the best minds will usually live in such a country, as they do not have to rely on their connections to survive. This points to another effect of corruption. It prevents the development of our human resources. After all, why get educated if all I have to do is know a bigwig in the government who can send a contract or two my way, when my friend who has wasted years at university, and missed nights of partying does not end up making the same money I do? After all, whether he is smarter than me or not will not make me lose the contract.

Companies also compromise their development in this way. The administrative assistant who knows how to befriend the boss, or the person who runs personal errands, ends up getting the promotion and the most favour.

This sort of behaviour makes a company inefficient, uncompetitive, and only with luck will it survive at the bottom of the food chain. If we look at multinationals, or companies that remain on top for the long term, what they do is establish rules of performance and a system of accountability. Without this, companies such as Wal-Mart, Microsoft, IBM, and even our very own GraceKennedy could not remain at the top. On the other hand, companies such as ENRON and WorldCom sought to bend the rules and we all know what happened.

This "Confession of a corrupt cop" should therefore not be glossed over. This is at the heart of our economic and social issues and needs to be given the prominence it deserves. Unless we solve this issue of corruption in the police force then we will not be able to see the type of reduction in crime levels that we so desperately need, and the cost to Jamaica will continue to be tremendous.

Accommodation Tax

Accommodation Tax.

Accommodation tax is the bed tax paid by all hotel guests in Anguilla. It is presently the subject of much discussion in the tourist industry. Some argue that it is unfair. Others that it is unevenly imposed. Supposedly, some of the tourism resorts do not pay their fair share. Some renters do not collect the tax. Others collect it but do not pay it over to the Inland Revenue. Perhaps even more controversial is the marketing levy recently imposed on all hotel guests. We will look at that at another time when I have more information.

I am presently doing research on the state of the Accommodation Tax in Anguilla. Is it a fair tax? Is it evenly imposed? Is it paid by the hotels to government on time and without cheating? Is there any enforcement of its collection? Are the penalties for defaulters imposed by the statutes ever enforced? I would like to hear from you if you have any information or views.

Please do not post your responses as comments to this Blog. Instead, email them to me at the above email address.

Thank you.

Banking: Guest Editorial 1

“Public Debt”. Our local banks seem not to be in tune with what’s going to be important to our local indigenous people with respect to long-term financial survival and viability. Their main focus seems to be more putting cars on the roads and into the hands of some who don’t really need them. And in addition there are quite a few who can’t really afford to have these vehicles. All told, this is not an asset that our people are being encouraged to invest in, but rather a liability. In addition, now with the Christmas Season, we are also being encouraged to spend on consumer goods, most of which are not necessities, but wants. In my opinion, it would be much more important for the locals to invest in real estate: complete unfinished houses; build-out upstairs on existing flat roofs; build bungalows; invest in affordable land for future development. Presently, there is a housing shortage, and we should be making efforts to rectify and take advantage of this potential. The country’s real estate assets are being rapidly sold and given away to expatriate companies, and we are in danger of losing that all-time important fundamental, ie, owing our land and country. It is of paramount importance that we make every effort to retain as much land assets as possible, and to maximize the potential of our real estate assets.

Our local banks should be giving special attention to the promotion of real estate investments and borrowing. Real assets for local people, not further burdens and liabilities. Our governments have all failed in promoting local interests. They have missed the boat big-time. They have failed to foresee today when we are short of houses for expatriate workers. They have failed to encourage local investment in real estate. They have not supported the concept of maximizing the potential of our real estate assets while at the same time retaining them for future generations, eg, by leasing as opposed to selling.

The long-term viability of our local banks will depend on the solvency of the local customers and shareholders. The banking authorities should be mindful not to encourage short-term and easy gains by putting people in financial jeopardy, and losing out in the long term by creating a large pool of bankrupt customers.

Presently, our banks are not in tune with what’s important to us in the long term, and therefore I think we should “Dial again!”

Altamer

Altamer.

One of my first posts contained the short question: "Altamer. Is there Russian money involved?”

A few days after it appeared, I got an email. It was from one of the managers at Altamer. It read, “I looked at your blog site today. There is a reference to Altamer and Russian money. This kind of unfounded gossip is damaging and unfair, can you remove it please? -- ”

I did not think too much of it. The Eggletons are the reputed owners of Altamer. I do not know the Eggletons. I never met either of them as far as I know. I had no hard facts. I had heard two things. The first was that Altamer had a lot of very rich Russian guests. The second was gossip that Mike Eggleton had been heard to say how easy it was to make money in Russia. So, I did not bother with the email.

Then, last week a correspondent sent me a link. It was to a Times Online article. It explained that Mike Eggleton had been the Merrill Lynch Moscow manager up until August 2006. He was by profession an investment adviser. He had left Merrill Lynch and gone to join Trust Investment Bank. This is a Russian investment bank. It advises Russians with a lot of money on how to make it safe and grow at the same time. That is what investment advisers do for a living. It is a perfectly legitimate way to earn money in Russia. Some of them also notoriously advise people with suspect money how to make it clean. We all read the press about Russia. There is a lot of money in Russia that needs somewhere to be washed. I am not suggesting there is the slightest evidence that Eggleton does this for a living. It is just that this must be a concern for those of us who have to make our homes here.

My interest was rekindled. So, I did a Google search. I found an interesting item on the Altamer website about their Russian villa.

I also found the Trust Investment Bank website. It explains in detail Mike Eggleton’s background, and in particular his long and no doubt lucrative connections with Moscow. He has apparently been working there as an investment adviser since 1995. Trust Investment Bank is so proud of its acquisition of Mr Eggleton that it has another article about him on its website.

Oddly, I have not been able to find a single photograph of Mr Eggleton. His wife’s photograph, on the other hand, is all over the Internet. She is very easy to look at.

Anguilla has come a long way. Even Russian money would appear to find lucrative investment opportunities in our little rock of an island. I wonder what the advantage is for them? And, are we not entitled to ask how an unprepossessing young man from the USA came to be so rich after a few years in Russia? And, if it is not his money that is being used to develop Altamer, will we be embarrassed in a year or two when the true source of the funds comes out?

The Meaning of Corruption

“Corruption”. A correspondent writes me that, “The entire Anguilla public service is corrupt from top to bottom.” Even though he is a senior civil servant himself, I doubt that the situation is as bad as that. I would need more evidence than someone’s opinion. What really do we mean by “political corruption”? It is necessary for us to make ourselves aware of the nature of the beast if we are to equip ourselves to defeat it. I do not need to give you a lecture. Persons more expert than I have done the research and writing. What I can do is to encourage you to read three simple web pages.

For a straightforward description of the various kinds of political corruption I cannot do better than to suggest you read the articles in Wikipedia here.

Another correspondent says that the best anti-corruption website she has seen is the one for India which you can have a look at here. I tend to agree with her.

You might also like to read the “frequently asked questions” page from the Internet Center for Corruption Research, which you can get here.

Anguilla Public Service No 5

Acting Deputy Governor.

The post of acting Deputy Governor recently became temporarily vacant. I may not have the language correct. You know what I mean. Stanley Reid, the Deputy Governor, was acting Governor for a time while the substantive Governor, Andrew George, was overseas at a meeting. Someone had to be appointed to fill temporarily the position of Deputy Governor. Usually, a senior Permanent Secretary is appointed in such an eventuality. Dr Aidan Harrigan was appointed. He is the Permanent Secretary in the Ministry of Economic Development. You can read about it here in the Anguillian Newspaper. There was also another story carried here.

There was nothing wrong in the appointment of Dr Harrigan. He is well suited and competent to the appointment. My interest is in a different angle. I have posted a number of stories about a rising sense of malaise in the Anguilla public service. On a tour around The Valley a couple of weeks ago, I was stopped and told by a number of different persons how the post of Deputy Governor was nearly not filled. Now I am hearing the same story in the shops and on the street. They are all a variation of the following theme. In short, the account goes that when Governor Andrew George left for London, the Hon Deputy Governor, Stanley Reid was sworn in as acting Governor. The question arose, who should be acting Deputy Governor? Members of the service assured me with ringing tones of sincerity that, when questioned, the acting Governor sent around a letter to all the Permanent Secretaries telling them that he would not be appointing anyone, as none of them was qualified. They are scandalised and offended. The suggestion being put to us is that the Deputy Governor has begun to let the power go to his head. He is offering gratuitous insults to his Permanent Secretaries. If that were true, it would be an outrage.

The story cannot, of course, be true. It has to be a complete fabrication. The Deputy Governor is most unlikely to have anything to do with the decision who to appoint as acting Deputy Governor. The Governor, Mr George, must have made all the necessary arrangements before he departed from Anguilla. But, it is a reflection on the declining state of morale in the public service when several senior officers can relate the same story to me as Gospel truth! It looks as if Stanley has a lot to do to keep and to build on the good will that his own appointment created just a few short months ago.

Over the course of the previous four posts we have looked at the cause of this malaise in the public service of Anguilla. In my opinion it lies in the continued existence of an unfettered discretion in the Governor’s Office in the appointment of Permanent Secretaries. So long as this state of affairs continues, there will be questions raised about the way in which the discretion is exercised. One solution was proposed by the Constitutional and Electoral Reform Commission. Paragraph 150 of its Report reads, “There were representations to the Commission that the [Public Service Commission] ought to play an increased role in the appointment of senior members of the public service, and that it should not be left to the unfettered discretion of the head of the public service. The only discussion was whether the Deputy Governor ought to be obliged to act on the advice of the PSC or only after consultation. The Commission recommends that the Deputy Governor should appoint Permanent Secretaries and Heads of Departments after consultation with the PSC and the Premier.”

Personally, I would go further. I would urge that the appointments ought to be made according to the advice of the PSC, ie, the PSC should have the final say. It is no longer appropriate to leave the appointment of our government departments' CEOs to the arbitrary decision of one person. Modern administrative practice demands that such an important decision be professionalised and institutionalised in a properly selected and trained Public Service Commission. The British have long ago given up the concept of the divine right of kings as a system of government. There is no point in us trying to retain it. Stanley may be an honourable man. We cannot continue to have backward and anachronistic constitutional arrangements based on the hope that we will continue to have that position filled by honourable men.

Anguilla Public Service No 4

PS Department of Social Development

We have been looking at a rising problem in the Anguilla public service. The question on everyone’s mind is, are the recent appointments to the vacant posts of Permanent Secretary being handled properly? Since the PS of a Department functions much like a company’s CEO, such an appointment is of crucial importance.

The most recent PS position to become vacant was that of the Department of Social Development. It had been headed for some years by Orris Proctor. On his resignation, it fell to the Governor to fill the position. And, when I say the Governor you can read the Deputy Governor. For several years the Governor has delegated the management of the public service to the Deputy Governor. In matters of the public service, the Governor acts through the Deputy Governor. Under our Constitution, the appointment of a Permanent Secretary is within the sole and unfettered discretion of the Governor. He is not required to consult with the Public Service Commission. He is required to consult with the Chief Minister. He does not have to take the advice of the Chief Minister or any other Minister when appointing a PS. But, he does have to consult. If he is wise and if he wants to ensure good working relations between the Minister and his Permanent Secretary, he will pay serious attention to the advice and counsel of the Minister before making the appointment. He certainly does not have to consult with our Public Service Commission.

The Governor appointed the Social Development Planner, Dr Bonnie Richardson-Lake, to fill the position of PS in the Department of Social Development. Dr Richardson-Lake is a highly qualified person. No one has suggested to me that she did anything wrong. She has acted throughout with complete propriety. The question is, did the Governor act properly in the way in which he filled the appointment?

There were said to have been nine applicants to fill the vacant post of PS Health. Several of them were just as qualified, if not more so. They complain that none of them was placed on a short-list. None of them was invited to an interview to assist in assessing their level of interest and commitment. None of them has received any explanation why they were not considered for the position.

The appointment has raised questions throughout the Anguilla public service. An already demoralized and disgruntled service, is now at its wits end. From their perspective, persons new to the public service and not as qualified in public administration as others are, are being promoted without any due process or transparency. They say things like that Stanley has become a law unto himself. That he is putting in place persons he has a soft spot for. They are convinced that it is no longer a matter of qualification. It is a matter of who you know, and who favours whom. They tell me they are becoming disenchanted. This one says he resigned and left the public service because of the way his application for promotion was handled. The other one says he is about to resign for the same reason. That is a sad outcome from the appointment of our very own Stanley to fill the post of Deputy Governor. I am sure that whatever decisions he took were, in his view, clearly in the public interest. The trouble, as always, is with the public perception. We can only hope that with future promotions and appointments, he will strive harder than he has up to now to demonstrate the fairness and transparency of his conduct in making appointments to the most senior positions in the public service. It is not a matter of who has the power. The question is how it is used.

Anguilla Public Service No 3

PS Infrastructure

As indicated earlier, there is widely rumoured to be a rising tide of discontent in the Anguilla Public Service. It rotates around a number of recent appointments to the position of Permanent Secretary. A Permanent Secretary is the highest position that a civil servant can rise to in any department of our government.

Under our Constitution, the Governor is solely responsible for appointments to the position of Permanent Secretary. He is required to consult the Chief Minister on such appointments. He is not required to consult the Public Service Commission. He certainly is not required to act on their advice. His discretion is unfettered. That does not mean that he should not consult with the Public Service Commission. It does not mean that he should not consult with the Minister. It only means that they do not control his discretion. Whatever he does, he is a wise man if he carries out his function in a manner that is open, transparent, patently above board, and seen by all to be the best available choice. For several years the Governor has delegated the day to day administration of the public service to the Deputy Governor. When I write Governor, you may read Deputy Governor.

We have looked briefly at questions that swirl around the recent appointment of a new Permanent Secretary to the Department of Public Administration. The second post of Permanent Secretary to cause consternation is that of the Ministry of Infrastructure. That position recently became vacant when Kenn Banks retired. The Governor then appointed Larry Franklin to fill the vacant post. Click here to see the story in “The Anguillian Newspaper”.

Now, nothing I write here is meant to detract from that young man, Mr Franklin. From all accounts he is a highly professional and qualified young man. He is a great person and a good worker. His competence is not questioned. What I have been hearing is that the way the Governor handled the matter has caused great discomfort in the public service. My informants tell me that there was no advertising of the post. There were other qualified persons with more experience in the public works area who were available. Fritz, Romel and Bancroft held senior posts in the same Department. They had acted as PS in the past. My information is that Larry had never acted as PS before, certainly not in that Department. Yet, these qualified and highly experienced persons were turned down without so much as an opportunity to apply for the post. There was no explanation. There was just an announcement that the vacant position had been filled by someone from outside the Department.

My information is that the reason for the haste and apparent lack of due process was that the best qualified and obvious successor was the senior project manager at Public Works, Fritz Smith. Fritz’s problem was that he was the Chief Minister’s nephew. Questions had arisen before about the Chief Minister's ability to handle conflicts of interest. There was, for example, the matter of the small building contracts that he had handed out to his campaign manager without reference to the Tenders Board. No doubt, the Governor was concerned at the possibility of further conflicts of interest if the Chief Minister’s nephew were to be appointed a Permanent Secretary. It appears to have been thought better not to consider qualifications and merit, but to fill the post quickly and without any advertisement from outside the Department.

There is no doubt that being the Chief Minister’s nephew can be viewed as a problem. It ought not to be. It should be exactly as much of a disadvantage as an advantage. That is, it should not count at all. After all, Education Planner Dawn Reid, is a bright and professional young woman. She is a senior education planner in the Ministry of Education. She might be a suitable candidate, among several others, for appointment to the post of Permanent Secretary when PS Education Rodney Rey retires in a few months time. Should it be held against her that she is the Deputy Governor’s wife? Not at all. It just means that extra precautions must be taken by the Governor to ensure that, whenever she is a candidate for any promotion, the Deputy Governor is transparently and obviously left out of the loop. She cannot be banned from promotion just because of a concern for an apparent conflict of interest. If Fritz Smith was the most qualified man for the job, and otherwise of unblemished character, then he ought to have had a fair opportunity to fill the post based on merit. As it is, he has now resigned in frustration from the public service. He has opened an office and taken up a position with Flag. No doubt he felt that his contribution to the service was being disregarded. He must have felt devalued. Government has lost one of its most highly qualified technicians and administrators to the private sector. Meanwhile, from all that I hear discontent continues to grow in the public service.

The question will remain on everyone’s mind, was the appointment properly handled? Our problem in Anguilla is that in matters of appointment to the position of Permanent Secretary, the Governor is not required to take the advice of a well-trained, professional, competent, and independent Public Service Commission as in practically every other Caribbean country. That is a serious defect. The consequence of it is that every appointment to the position of PS will depend on the uncontrolled choice of one person. Such a process must necessarily be seen as arbitrary and suspect.

Anguilla Public Service No 2

PS Public Administration.

Everyone reading these posts probably knows that I am the Chairman of the Public Service Integrity Board. As such, I work closely with several of the persons whose positions will be subject to remarks. Let me say that I have worried whether I should be the one to take up the leading of this discussion. It might be that it will be considered by some to be unseemly for the Chairman of a Public Service Board to deal with allegations of misconduct in the highest levels of the public service. I hope that I will not be perceived as letting down the side! I especially hope that readers will accept that I have no interest other than the wellbeing of the public service. What is written here is a description of concerns that members of the public and of the public service have related to me. It is nothing personal.

We are looking at a perception that there is a rising tide of discontent in the Anguilla Public Service. This tide is said to be forming around a number of recent appointments to senior positions. The earliest is that of Permanent Secretary in the Department of Public Administration. When Stanley Reid was appointed Deputy Governor in May 2006, his previous post of PS in the Department of Public Administration fell vacant. Much speculation began about whom the Governor would appoint in his place. The appointment of a Permanent Secretary in Anguilla is in the hands of the Governor. The Governor is not required to consult with the Public Service Commission for such an appointment. He is required to consult with the Chief Minister. He does not have to take the advice of the Chief Minister or any other Minister when appointing a Permanent Secretary. But, he does have to consult. If he is wise, and if he wants to ensure good working relations between the Minister and his Permanent Secretary, he will pay serious attention to the advice and counsel of the Minister before making the appointment.

The post of PS Public Administration is a prestigious position. It is a powerful position. It is the office that under the Governor's Office runs the entire Anguilla public service. This is the largest single employer in Anguilla. Stanley himself had previously carried out the function of PS with undoubted integrity and had received public acclaim about it. It is also important to realise that the position of PS is the pinnacle of a public service career. Civil servants spend decades studying and working with their eyes set on one day reaching the top. They expect that their long study and preparation, not to mention their professionalism and competence, will be duly honoured and recognised by appointment to the top post of Permanent Secretary.

The vacancy was duly advertised. There were several applicants. One of the applicants was a bright young attorney in the Attorney General's office. Her name is Ms Arjul Wilson. Ms Wilson had been in the public service for several years. She had served as Crown Counsel. Several of the other applicants were more senior in the number of years they had been in the service. They had their own qualifications. The Governor in due course appointed Ms Wilson to the vacant post of PS Public Administration. You can read the story here in The Anguillian Newspaper. The older applicants are not sure they understand why Ms Wilson was selected ahead of them. There has been no explanation for the appointment of such a young person to be Permanent Secretary.

Nothing that is written here is meant to suggest that Ms Wilson did anything wrong, or that she is not capable of doing the job. The question is, did the Governor act in the best interests of the service in the way he filled the vacant position? The Anguilla public is entitled to be satisfied that the best applicant for the position would be appointed. The problem is that there are no published criteria that can be seen to have been met. There is no test that was passed. The more senior and equally well qualified applicants have no explanation why they were overlooked. There is only rumour and speculation. The rumour and speculation is all unfriendly, and most probably misguided.

The more senior applicants are left wondering whether they should consider that they have come to the end of the line so far as their hopes for further promotion are concerned. Was there some way in which their performance has not been up to the expected standard? They will never know, as such appointments are not made as a result of any recommendation by an independent body. The least that can be said is that this is no way to run a public service. Unfettered discretion will only be accepted if it is seen by those affected to be handled in the most transparent and objective manner. Is it not time for the Governor to be made to act on the basis of the advice of an independent Public Service Commission, protected by the most modern Caribbean law?

Anguilla Public Service No 1

Evidence of Malaise in the Anguilla Public Service.

The Anguilla Constitution of 1982 is clear. Appointments to the public service are not in political hands. Matters affecting the public service are in the hands of the Governor. This applies not only to appointments, but also to promotions and discipline. This was done not to make the Governor feel important. It was not because we thought the Governor is better qualified to do a better job. It is done for one reason only. Our founding fathers wanted to keep the public service out of politics. Our system should not be corrupted by placing the public service under the control of politicians. They determined that the best way at the time was to give it to the Governor. In Anguilla, the Governor is usually a disinterested British public servant. He has no family or enemies here. He would not have any reason to act improperly or unfairly while serving in Anguilla. As a senior public servant himself, he should know how to behave in the most ethical way in public service matters.

The Governor of Anguilla has for some years past delegated the day to day function of the administration of the public service to the Deputy Governor. The office responsible under the Constitution for the Public Service remains the Governor's office. The Governor could take away the responsibility from the Deputy Governor tomorrow. Whenever I write about the Governor in this context you can read Deputy Governor, and vice versa.

You may ask, what about the Public Service Commission? Under the Constitution, the PSC has only an advisory role. It has no executive function. The Governor is free to consult it. He does not have to listen to what it recommends. He is not even required to consult it in the case of appointments to the level of Permanent Secretary. He is required to consult the Chief Minister. But, he can ignore the advice given to him by the Chief Minister. Our founding fathers obviously thought it would be safe to give the Governor unfettered discretion when it came to appointments, promotions, discipline, and terms of service of the public service. The Constitutional Commission has recommended that this should cease. Read the report here. Look in particular at paragraphs 141-152 dealing with sections 65 and 66 of the Constitution.

Permanent Secretaries under our system are the pinnacle of appointment in the public service. They are more than Department heads. They are like the CEO in a corporation. They are also the right hand men and women of the Ministers. What they know the Minister is deemed to know. The Minister takes political responsibility for what his Department does. He also takes credit for whatever his Department does. Everyone knows that it is really the Permanent Secretary that runs the Department.

Every ambitious public servant aspires to rise to be a Permanent Secretary. It is all the more important that appointments to the level of Permanent Secretary be above question. If doubts begin to arise as to the integrity of the system of appointment to such a position, then confidence in the entire system begins to collapse. I am told that there is a concern in the Anguilla public service that recent appointments to the position have not been made in a transparent manner. If you have a view, please let me know. I shall be considering questions that have been raised about some of the more recent appointments in a series of subsequent postings.

Taxes

“Taxes”. One correspondent has a complaint about the arbitrariness and apparent lack of transparency in the tax system of Anguilla. He writes,

“There are several issues relating to taxes that should be looked into. The most glaring are the differences between tax burdens taken on by local Anguillians and residents vs. those taken on by visitors. The increase in departure tax from Blowing Point is a major example of this. The new tax which will go into effect on January 1st will be US$5.00 - up from US$3.00. For a US$12.00 ferry ride, this amount equals almost 42% of the cost of the service.

Everyone uses the ferries and some would say it is a necessity. On the other hand, a US$415.00 round of golf on the Temenos Golf Course has a golf tax of US$3.00 per round which represents about 0.72% of the price of the cost of the service. Is it really reasonable or fair to have such a high tax on a ferry ride? Think of the differences in numbers between those who ride the ferries and those who will play golf. It does not seem to be fair to those of us who live in Anguilla and take on the majority of the tax burden anyway. And the golf course project has a twenty year duty free concession and is exempt from taxes on sales and re-sales (my understanding).

The new taxes for restaurants and hotels are also a bit strange. The new taxes are stated as:

EC$1,000 for a mobile restaurant;

EC$1,200 for a local restaurant;

EC$2,400 for an international restaurant;

EC$3,600 for a restaurant attached to a hotel or villa.

The big question is who will determine who has what type of restaurant and what are the criteria for deciding so?

Lastly, having just come from the Labour Department, I just discovered that security deposits for work permits have been increased. The security deposit is collected by Government in order that they will have the funds to deport a person who has had their work permit revoked or has been asked to leave the island for any reason. In previous years, the deposit to send someone back to the States has been in the neighborhood of EC$220.00, enough for a ticket to San Juan, PR. This year the deposit has increased by 400% to EC$888.44. When asked why this increase took place I was told that they had to purchase a ticket to New York, not San Juan. I told them I thought that the purpose of the deposit was to deport people back to their country and San Juan would suffice for getting a US citizen back to US soil, they replied that this year is different and this is what they do now.

A 400% increase with no warning? No letters? I never saw it in the paper or heard about it on the radio news or in House of Assembly.

Not sure if this is what you're looking for on the corruption site. It feels good to get it off my chest though.”

I have not checked the accuracy of these matters.  Does anyone have a comment?
Also, is it legal for the House of Assembly to delegate to a Minister the power to increase taxes?

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Whistle-blowing

“Whistle-blowing”. This term refers to the act of revealing to the appropriate authority or, failing such an institution, to the public, wrongdoing going on in one’s own department or company. Whistleblowers are an essential protection for those of us who are at the mercy of a secretive and oppressive government agency. Mind you, there is no suggestion that we have such an agency in Anguilla.

Nevertheless, it is apparent that there is a perception that we do have some government activity going on that needs the antiseptic qualities of fresh air and sunshine to ensure that there is no festering. It is only when public servants who have the information are willing to come forward and let the public know what is really going on, whether anonymously or taking credit, that the necessary fresh air and sunshine will bring the needed relief.

Any public servant contributing to this discussion has my assurance that I shall ensure that they remain secure and safe while they are engaged in this public service.

For those of you who missed the link to the updated article on the subject of whistle-blowing in the UK, it is here.