A Discussion Site for Good Governance and Corruption in Public Life Issues in the British Overseas Territory of Anguilla in the West Indies, moderated by Don Mitchell CBE QC, of PO Box 83, Anguilla, British West Indies. Email me with your comments and contributions at: idmitch@anguillanet.com.
We continue to look at Kate Sullivan's initial recommendationsfor Changes to Constitutional and Electoral Arrangements in the Turks and Caicos Islands. You can download and read them by clicking on the link above. I continue at paragraph [12] of the paper I originally sent to the Editors of the TCI Journal:
[12] Recommendation 8 was like a breath of fresh air. It provides for local supervision of the political directorate, and is entirely commendable. She is proposing that a minister can be removed from the ministry if the Integrity Commission finds that he or she has breached the Code of Conduct for persons in public life or that the minister has failed to comply with the registration of interests requirements on two separate occasions.
This is exactly the sort of development that we should be looking for if we are to see local institutions taking control of good governance issues.
Codes of Ethics: The fifth and final instrument that we would look for, to determine whether a BritishOverseasTerritory respected the notion of integrity in the public service, is a Code of Ethics for Ministers.
I have no doubt that no one in public life in Anguilla sets out to be corrupt. We get that way in the end, usually because of the pressures and strains put on us, and the lack of any coaching or training in performing our duties according to recognised codes of ethics.
When, at the request of one of our constituents, we telephone the Sergeant at the Police Station to give a chance to a young person who has been arrested, no doubt we think we are responding to the needs of our community. When we give work permits to one contractor, but not to another, we say we are “leveling the playing field”. When we overrule a Chief Immigration Officer or a Planning Committee order, we say we are “showing a good heart” and softening the harsh decisions of unfeeling bureaucrats. But, it is quite the opposite. We are showing partiality and preference for one person above another, and corrupting the system set up by law.
Our problem is that we have never seriously studied what is the meaning of nepotism, croneyism, and conflicts of interest. We need to debate, discuss, and adopt Codes of Ethics at all levels of government. The Judges and Lawyers have codes of ethics. Why not public servants and politicians?
In a democratic, transparent, and accountable system of government, it is for politicians to lay down the national policy. Then, the politicians must learn to leave it up to an independent, professional public service to carry out their policy.
It is the duty of the public officer to apply government's policies fairly and impartially. In appropriate cases there will be the power of appeal to an independent tribunal, but never to a politician. There is no integrity in a system that permits a personal appeal to a Minister to overrule the decision of a Board or public officers which is carrying out the national policy. To have it otherwise means that the law and policies of our countries are not applied evenly and fairly to all citizens. If a politician intervenes to overrule the action taken by a public officer, such intervention is almost invariably a corruption of the system. The result is a loss of public faith in our public institutions, and a breakdown of law and order. Victimisation and discrimination is the inevitable result of ministerial intervention on behalf of one individual. And, indeed, that is the system of government that most of us labour under.
I do not accept that our islands are too small for us to expect the standards that exist in the outside world to survive and work here. No matter how small we are, we are entitled to expect that our governments will be of laws and not of men.
