03 August, 2010
Public Accounts
27 July, 2010
Interests

21 July, 2010
Seatbelts
Except, perhaps, when are they going to get the goddamned Bill to the House of Assembly?
04 March, 2010
Nothing
26 February, 2010
Revenue
20 February, 2010
Nation Builder
16 February, 2010
Congratulations
15 February, 2010
Voted
05 September, 2009
Disclosure?
Accountability. I have obtained a copy of the Airport Project financial report presented earlier this week by the Hon Victor Banks, Minister of Finance, to Members of the House of Assembly at the request of the Hon Edison Baird. I read it and had an immediate allergic reaction. I realise I could comment on it in temperate language. Intemperate language, I find, is the best antihystamine.
We will all remember that Mr Baird had complained approximately one year ago in the House of Assembly that there were rumours that some proprietors of land taken by government for the airport extension project had received many more times the value of compensation that other equally deserving proprietors had received. He demanded a list of the value of the compensation paid to each proprietor so that he could determine if there was any truth to that rumour. The Minister of Finance denied that anyone had been singled out for special compensation. He promised to produce a complete accounting, listing the amount of value in land, money or whatever, that each proprietor received so that everyone could see how transparent and accountable this government was.
The document that Mr Banks has now produced is 8 pages long. He said at the time he distributed it that it was incomplete. Some information had not yet been received. Some transactions are incomplete. But, you would expect that, for those transactions that are complete, all the information is in the report. You would be wrong.
I have scanned the document into my computer. I can let anybody who wants to receive a copy of the complete document have it by email, if you send me a request.
I publish below a cropped version of page 1 only. The six columns show the name of the proprietor, the property taken by government, a description of any property given in exchange by government, and the total acreage/payout to the proprietor. I have cropped two columns of irrelevant information.
The first thing you notice when you read the entire document is that it omits the most expensive piece of property acquired. I cannot find
In other words, the accounting that Mr Banks has produced may not cover one half of the property acquired. That is woefully inadequate. He gave no reason for his omission to give any amount of compensation already paid to the Lake family, and any estimate of what the government expects to pay in all for the property.
The second thing you notice is that in the sixth column, ‘Acreage/payout’, only the area of land and any money paid in cash is listed. There is no estimate of the value of the property given by the proprietor, or the value of the property given by government. There must have been some attempt by the Land Valuation Department to value the individual properties being acquired. Mr Baird was entitled to know that any particular property being acquired was valued at a particular amount. Similarly, there must have been a value put to the land that was being offered in exchange.
Then there are the replacement homes. In some cases, in addition to an exchange of land together with a cash amount, there was a replacement home built by government. A perusal of the document reveals that a total of eighteen (18) replacement homes were part of the compensation packages paid to proprietors. That must have been a significant cost. There is no attempt to account for this money paid by government to construct the replacement homes.
If, say, in exchange for a house on a quarter of an acre of land altogether worth $500,000.00, government gave the proprietor (i) a half an acre of land worth, say, $100,000.00, (ii) cash of $20,000.00, and (iii) a replacement house that cost $480,000.00 to build, then, if the list contains only the first two items, it will have accounted for only 20% of the total amount of compensation actually paid. And, we will not know how close to or far away from the value of the property taken was the total amount of compensation paid. This is information that government already has. It has already taken one year to produce this account.
There is no reason I can discern why the Ministry of Finance cannot instantly put its hands on the figures for the cost of building each replacement home. Don’t tell me that no account was kept of it, house by house. They had to know that they had agreed to build for a particular proprietor a three-bedroom house costing, say, $500,000.
There would have been agreements with the proprietors. There would have been tenders and contracts with the building contractors. There would have been Ministry of Infrastructure supervisors ensuring that what was contracted was built. There would have been Ministry of Finance officers keeping a check on cost overruns and other financial information.
We will recall that, in relation to the proposed 500 ft extension to the east of the airport, PS Larry Franklin assured us just a scant few days ago that:
4. There are already procurement guidelines for the Government of Anguilla. There will be project oversight by the permanent secretaries in Finance, Economic Development and Infrastructure. There is a functioning Internal Audit Department and I expect the Internal Audit Department to audit the project both during and after the execution stages. I also expect the external auditors to audit the project.
5. [Your comments on procurement as a source of graft] maybe true and I appreciate your concerns on this matter. However, there are policies, standards and procedures in place. The project has to conform to those policies, standards and procedures. The Department of Infrastructure has managed significant roads projects before including the
It is my opinion that the Minister has short-changed Mr Baird in supplying such inadequate, incomplete and misleading information to him. He was required by the rules of parliamentary procedure not to give an incomplete and misleading answer to a request for such vital information.
To summarise, the minimum information that Mr Baird was entitled to receive was (i) the value of the property acquired from each proprietor; and (ii) the value of the total compensation paid to or estimated to be due to each proprietor. Even accepting that some of the transactions are not yet complete, and the final figures not known, the vast majority of transactions are complete, yet the figures for these is not given.
This document does not begin to demonstrate that government is prepared to publish and reveal the true amounts paid or due to be paid to all the proprietors. Whatever the alleged policies, standards and procedures alluded to by Mr Franklin are, they are clearly ineffective to permit an audit of the airport project. I would hate to think what waste and worse there has been on other projects managed by the Department of Infrastructure in such a lax way as this one obviously was.
If this is the best government could do, then, in my opinion the document is evidence that our government departments lack the capacity to manage and supervise any major public works project satisfactorily or at all.
God help us all when the additional airport extension is built later this year!
Related Posts:
Airport – 23 August 2009
02 September, 2009
Borrowing
The Ministers propose to take a motion to authorize additional borrowing to the House of
Assembly, regardless of the British Government’s disapproval. We have looked previously at the British Government’s refusal to permit the United Front government to increase
Can he do that?
Section 55 of the
Once the Governor informs the Speaker that he objects to the motion or resolution or proposal to increase
The first big question then, is whether the Governor will make any objection known to the Speaker in advance?
The next big question is, will the Speaker permit the Ministers to introduce such a motion in the face of its evident illegality?
In my view, any lender proceeding to advance funds to government in the face of the illegality of the borrowing will be at risk of a court ruling that the Assembly had no power to authorise the borrowing. A court would be likely to rule that the borrowing was illegal and was not an obligation binding on any future government. The lender would have to look elsewhere to recover their funds.
In the event of a law suit brought against them, the members of the House who acted illegally would be at risk of having their personal property and possessions seized in repayment of the illegal debt that they incurred.
If the Governor does not inform the Speaker that he has any objection then, in my view, the Speaker will be entitled to assume that the Ministers would not be bringing the motion unless they had the Governor’s permission, as required by section 55.
20 May, 2009
Voting
As an Anguillian, how do I get registered to vote? Getting registered to vote in
Priscilla Gumbs and Chantel Ruan
If you are young, never voted before, but are qualified to vote, make sure you are registered this week. You never know when the next elections will be called.
Anguilla needs a spring cleaning. Sweep them out, sweep them out. It is time to sweep them all out.
The APP needs your vote in the upcoming elections.
Related posts:
Belongers Voting: 6 August 2007
16 May, 2009
Elections
Who will we be voting for, and why? The people of
few months. A few words on who we will be voting for, and why, are in order. Petty used to do most of the writing and explaining in this area, but since he is Supervisor of Elections, he has been keeping his oar dry. Let us take a first look at how we vote and why in very general terms.
The Anguillian system of representation and government is the
The Westminster System evolved in
It is a representative system that was wrung by the people through force and conflict out of the hands of the hereditary kings and nobles who claimed to rule by divine right. Unlike the
An essential characteristic of the British Constitution is that it retains the forms of absolute rule, while insisting on democratic rule in practice. The freedoms of the British have been won by them through centuries of conflict, including the execution and forced abdication of kings. No such struggle of the people occurred in the vast majority of the ex-colonies. Coming so recently out of a system of absolute colonial rule, our traditions of democracy and liberty are weak. The result is that the executive branch holds all the strings of power, both formally and informally. There are few, if any, checks and balances. The
With no checks and balances in our colonial Constitution, we the people are left with no remedy except to throw them out every five or ten years and hope a new lot will do better.
That is why I will vote APP this coming election. There is no alternative. If my favoured candidate’s party wins, and they do a good job for the first five years, I’ll vote for another five years. If they do a good job for ten years, it will still be time to change them in the end, by voting for a new lot of representatives.
In the absence of a whole raft of checks and balances, it is the only tool we have for insisting on good governance.
26 March, 2009
Amends
Hon Hubert Hughes returns
free government car to the Chief Minister's Permanent Secretary. I was pleased when I heard the news on the radio this morning. Hubert Hughes took a big hit in his popularity in Blowing Point when he accepted the free car given to him by government last year. He gave it back yesterday. He has gone some way to making amends by this gesture.
I don't know if he realises quite how he was used by government. He was turned into both a guinea pig and a scapegoat at the same time. He came out of the exercise looking very bad. I see his return of the car as an attempt to recover some of the political capital that he lost.
Each Minister of government in
When this announcement was made, there was outrage expressed in the community. It is true that the government revenue was doing well at the time, and the public purse could afford the generosity. But, the average Anguillian can smell a rotten fish when it is put down on the table in front of them. Now that the economy is in the pits with the world-wide recession, the sullenness when you raise the topic with the average Anguillian is almost palpable.
So, during the year following the announcement that the ministers were taking home their cars at the end of the term came the experiment. It was announced last year that the government so appreciated the work of the two members of the opposition that they were to be given brand new cars for their private use. The explanation was that Hubert Hughes and Edison Baird, as Members of the House of Assembly, drove up and down the country giving lifts to old ladies and doing other community work, and deserved a government vehicle to do it in.
At a ceremony attended by all the members of the Anguillian press, Mr Hughes accepted the keys to a vehicle. It was clearly stated that government had decided to give Mr Hughes the vehicle. He accepted the keys with words of thanks and appreciation. The speeches made in handing over the car and in accepting the car were broadcast over and over again on the radio. The language used at the hand over of the keys appeared to say that the ownership of the car was being transferred to Mr Hughes. That was the only interpretation that one could give to the language of the hand over.
Mr Baird announced that he would not be accepting the offer of a free vehicle. That shows us how politically astute Mr Baird is. It was a brilliant stroke of political genius. Just as the government's attempt to discredit the opposition might be counted a brilliant stroke of political genius.
I also assumed that Mr Hughes had taken title to the vehicle. I published a post on this blog condemning the gift of ownership of a vehicle, or money's worth, to the members of the opposition.
Even Mr Hughes' son Haydn Hughes evidently assumed that his father was taking title to the vehicle. He wrote and published articles in mitigation of his father's decision to accept the gift. He wrote that Mr Baird was not doing anything different. He wrote that Mr Baird's acceptance of the money was just as bad as accepting the car.
Government members took up the refrain that Mr Baird was accepting in cash the value of a vehicle in lieu of taking possession and ownership of an actual vehicle. Mr Baird got very upset at that suggestion. What he was doing, he pointed out, was to accept the small travel allowance that had long ago been passed into law as the entitlement of every member of the House of Assembly. He was not, as everyone assumed, taking the monetary value of a car similar to the one that Mr Hughes had taken possession of.
There was public outrage expressed in radio talk shows and letters to the editors. Taxi drivers sitting in conference at the airport and at the sea port spluttered their indignation. Underpaid nurses, teachers, and police officers were observed lifting their eyebrows in disbelief and sucking their teeth loudly. Emails flew about the country from one end to the other. All condemned the decision of Mr Hughes to take ownership of a government vehicle. It was obvious to even the most jaded and cynical Anguillian that it can never be correct for public materials and money to be donated by politicians to themselves. Not, at any rate, without the sanction of a law debated and passed in the House of Assembly.
Within days of the hand over the story changed. Both the government and Mr Hughes announced that the intention had never been to “give” Mr Hughes a vehicle. The intention all along had only been to give Mr Hughes the “use” of a government vehicle. If that had been the plan all along, why, one wonders, was it not announced as such.
My conclusion is that it was partly an attempt to tar Mr Hughes with the same brush as the government ministers. If government Ministers were to suffer politically from the announcement that they were going to take home their vehicles permanently at the end of their term in 2010, then the opposition would not be allowed to take the high moral road. They would be destroyed by giving them each a free vehicle.
It was also, I assume, partly an attempt to see just how furious the public would get at this act of generosity towards Mr Hughes. Would they accept that the gift was the right of Mr Hughes as a member of the Assembly? If so, that would suggest that there was not much opposition to the idea that Ministers should be able to take home their cars. If the gift was met by significant outrage, then the idea could be quietly scrapped, leaving Mr Hughes the only member of the House of Assembly to have received ownership of a free government vehicle.
Only Mr Baird appears to have seen through the stratagem, and avoided the trap set for the members of the opposition.
By giving the vehicle back to government, Mr Hughes has attempted to recover some of the reputation and integrity that he lost when he was made the scapegoat for this proposal by government ministers to give themselves a government car. His intention was clear from the public way he chose to return the keys. He invited the same press to be present when he handed the keys to the Permanent Secretary. He made sure his action was widely broadcast.
Only time will tell if he has been successful in this tactic.












