02 August, 2008

Flag Closure


Ashtrom’s Temporary Cessation of Works. Well, it has started. We have been expecting it. Layoffs on such a large scale are always a shock. [Right-click on each picture, and select "Open link in new tab" for easy reading.]


What will it be like by October? Will Viceroy be next?

I am pleased to see that government is doing the correct thing with this letter.

We all hope it will bring the right amount of pressure to bear.

Just because the Chinese and Indians are cheap labour does not give them extra rights.

01 August, 2008

Register of Interests


The BVI Missed the Boat with their Register of Interests Legislation. The Register of Interests Act 2006 came into effect in the BVI on 18 February 2008. It requires all members of the House of Assembly to declare their financial interests. This includes directorships, employment, clients, sponsorships, gifts received, overseas visits, land and shareholdings. They will have to file a declaration of their interests each year. There is a Registrar of Interests, Victoreen Romney-Varlack.

As an article in the BVI Beacon of 9 July 2008 makes clear, this register is not open to public inspection. That is a disgrace. It is in the public interest to know what enterprises our representatives hold interests in. We need to measure those interests against the public interest, when we see them voting and behaving in a certain way. It is hard to imagine that there is another reason for having such a register. What use is it if it is secret?

In the United Kingdom, a similar register of members’ interests is updated annually and is open to public inspection.

In the United States, you can inspect the tax returns of members of the House and Senate, and their declarations of interests.

Chalk up another victory for secret and corrupt government in the British Overseas Territories.

Will we in Anguilla do any better when we come to introduce our long-overdue Bill?


28 July, 2008

St Lucia


Exploitation of St Lucian Technically Trained Workers. In November 2005, Anguilla expressed an interest in attracting technically qualified St Lucians to become engaged in the construction industry in Anguilla. We told Prime Minister Dr Kenny Anthony so. He responded with the hope that the St Lucian workers would build bridges of friendship when they came to work in Anguilla. He obviously thought it would all be done above board.

Shortly after, Anguillian contractors began to telephone technically qualified persons in St Lucia inviting them to come to work in Anguilla. From reports from my contractor friends, I thought the system was working well. Until now.

I have been receiving a disturbing number of reports about what appears to be a systematic scheme of exploitation of these St Lucian workers in the construction industry in Anguilla. It is also a fraud on the government revenue.

If it was only one person complaining, it might be discounted as a personal disappointment. But, two complaints, and confirmation of the essentials of the story from an independent source, are impossible to ignore.

The specific complaint is that certain Anguillian building contractors, one of them with a lot of influence, specialize in importing technically qualified St Lucians to work for them in Anguilla. The contractor pays for them to come to Anguilla. They are encouraged to come in to the island as tourists. They are categorized as “Caribbean visitors”. The Anguillian contractor introduces them to a senior officer in the Immigration Department. He applies for an extension of their visitor’s visa. He tells the workers that work permit applications are in the works. He puts them to work on his site on the assurance that he is permitted to do so. He can usually keep them illegally at work for about six months.

The scam is officially called a “one-month extension”. It is comparatively inexpensive. It can supposedly be renewed for a total of only three months, after which the worker has to go home. In theory, the Caribbean visitors are supposed to return, and start another three month period. None of this is properly explained to them. They continue to work in a sort of legal and ethical limbo.

The St Lucians in question are literate, technically qualified, and hard workers. Best of all, when they complain, they can be easily got rid of.

When they become insistent about getting properly paid, and their status in Anguilla regularized as promised, he then has them deported. The local authorities go along with this scam. After all, these workers are here illegally, aren’t they?

My enquiries indicate that the official line is that government has adopted a policy to “help our Caribbean brothers”. There is a dirty underbelly to this policy. The way it is implemented is to avoid the time consuming process of applying for work permits. No work permit application is ever made. You avoid the expense of paying for the work permit. You do not have to put up a large deposit for the return of the workers. No social security payments are ever deducted. No workmen’s compensation insurance ever covers them. They receive a cash payment in an underhand sort of way, trying to entrap them into complicity with some unmentioned sort of illegality. They initially go along with his scheme. After all, the contractor is a very important person in Anguilla.

This scheme, naturally, is only for the favoured friends of those with influence in Anguilla.

The Governor’s Office has been made aware of the exploitation. We do not know what, if anything, they have done about it. The Immigration Department and the Labour Commissioner’s Office, must have been aware of an immigration scam since it is at least two years old. Russel Reid, the Labour Commissioner, never sees these workers. He doesn’t usually hear about them. When he stumbles upon them by accident, he claims not to know what they are doing here. He is not known to have ever proceeded against any of these exploiters. Laureen Bryan, Chief Immigration Officer, has never been known to initiate prosecution of any Anguillian employer of illegal immigrant labour. They must accept responsibility for the public perception that they are turning a blind eye to it. At any rate, my information is that none of them has done a thing to put a stop to these activities, despite having received numerous complaints.

The way the contractors use the policy defrauds the government revenue of work permit fees. It unlawfully avoids paying social security contributions on wages and salaries. It is an evasion of regulations requiring police clearances and medical checkups. It deprives the workers of disability and other social security benefits. It turns them into unwitting criminals. It is a clever way of avoiding the announced moratorium on the granting of work permits. You simply do not apply for one. And, our public service authorities, at least suspecting all these details, have kept quiet.

You may say that we need not feel sorry for the St Lucians. What is happening to them is no worse than happened to thousands of Anguillian young men forced to work illegally in St Thomas in the old days. What is objectionable is that the fraud on the work permit policy is being facilitated by people at the top of government. The main perpetrators are the very men who helped to set the nation's policy. And, the regulators and law enforcement authorities turn a blind eye.

I have made enquiries of the officials. The Governor’s office’s response is that it is not true that they are doing nothing about the complaint. All other responses have been equally evasive.

If Dr Anthony only knew what was really going on, I wonder what he would say now!

When the same Anguillian youth we wonder about look at how rotten this whole system is, from the top to the bottom, is it any wonder they explode into violence?

They cry out, “Bun fiyah pon Babylon!”

I wonder, why would they say such a thing?


24 July, 2008

Barbados


New Legislation to Promote Integrity Planned for Barbados. One of the major complaints against the new David Thompson administration in Barbados has been that, although it won power mainly by promising to do something about the entrenched corruption in the previous Owen Arthur administration, it had appeared to have forgotten the issue. Last month, Thompson announced a new initiative. We can only hope that it will result in major improvements in that West Indian territory.

Prime Minister Thompson has set up a Governance Advisory Board to make up for lost time. The Board consists of ministers of religion, lawyers, and university professors.

Among other matters, we learn that the Board is looking at a Freedom of Information Act. As we know from the previous post on this blog, this law is needed to make it possible for all citizens to access government-held information. Specific matters, like national security and some forms of personal data, are usually excluded from public access. There will be a Commissioner of Information who will make a determination where there are grey areas on what is allowable and what is not.

The Board is considering a new Defamation Act. The current Barbados legislation does not allow persons to freely express an opinion. If you voice an opinion, and it cannot be proved to be fact, even if you have no malice, you will be liable for any defamatory meaning. The reform proposed is to make a person expressing an opinion on a matter of public interest liable only if malice can be proved.

It will make recommendations on Integrity in Public Life legislation. It will require ministers of government and senior public servants to disclose their assets and private interests in an effort to demonstrate integrity. It will also look at persons outside of the public service. In negotiating contracts and dealing in public assets, there will be multiple parties involved. They all need to be looked at. We in Anguilla are demanding similar reform.

It will examine the role of the Ombudsman. In Anguilla, the United Front political party has promised this ever since their manifesto was published at the start of the campaign for the general elections in 2000. Nothing has happened since then.

The Barbados Governance Advisory Board is examining a proposed new Contractor General. Procurement has always been a soft spot for corruption in all of our islands. The complaints in Barbados have been long and earnest.

Recently retired Professor Albert Fiadjoe has been retained to draft the legislation. The Bills are promised to be ready by the year’s end.

Professor Fiadjoe is an eminent jurist. With him on board, there is hope for Barbados!

What about the rest of us?


22 July, 2008

Inquiry Coming


The Question is, What Good Will the Inquiry Do by itself. Last month, according to The Anguillian Newspaper, the Governor spoke at a conference of Deputy Governors held in Anguilla. He observed that the principal focus of the conference would be the role of the public service. This, he described as a key element in the process of ensuring good governance in all of the territories. “While the Public Service must evolve and adapt to face many of the different challenges we are dealing with in the years to come, there will be elements that we must always ensure that we preserve,” he said. He reported that, “Among those elements, in particular, which the Deputy Governor had been working on, were the ethics of the Public Service in preserving integrity, impartiality and a commitment to ensuring the proper use of public monies, and ensuring that the public interest was always at the forefront.”

But, what about persons appointed to Statutory Boards and Government Committees? What about Permanent Secretaries and Heads of Department? What about public servants of ministerial rank? Has any one of them ever participated in a workshop on ethics and integrity? Has any PS ever read the Constitution, far less been instructed in its implications? Have they any idea what are the rights of our citizens under the Constitution? Have they ever been guided in the principles of 'natural justice' and the ‘legitimate expectation’ rules? From some of the personal stories that are emailed to me, I doubt it.

One can argue that a knee-jerk reaction to the odd occurrence of petty avarice or cupidity, if such should be found, on the part of one or two individuals will not solve the systemic problem of poor governance in Anguilla. The real problem is an absence in our political culture of any awareness of the principles of integrity, transparency, and accountability. The illness that we should be addressing is the absence of a sensitivity to conflict of interest and good governance issues. In such a culture, no matter how often you change the personalities, the new ones will always succumb to the pressures of public office and misbehave. It is almost an inevitability. They will not be acting unethically in their own eyes. They will just be doing the generally acceptable thing. And, we will smile and wink at each other as we do now.

Look at what happened to the Turks & Caicos Islands twenty years ago. The Premier, Norman Saunders, was arrested trying to import cocaine into Florida. The British suspended the Constitution and ruled TCI directly for some two years. They did nothing to change the TCI culture of bad government. No educational courses for politicians or public servants were given. We all watched the opposition get elected. The wrongdoing in TCI just got worse. As soon as he got out of prison in Miami, the electorate re-elected the nice Mr Saunders back to the House of Assembly. It is Saunders’ party that is back in government now.

In Anguilla, we have a tradition in government. Every time the government changes, the new ministers divide up the appointments to all the Boards and Committees among themselves. One takes the Anguilla Development Board. Another takes the Health Authority of Anguilla. Another the Social Security Board. Another the Anguilla Tourist Board. Another gets to appoint the government board members on Anglec. Another takes the Summer Festival Committee. Another, the Belonger Commission. Another, the Poor Law Board, and so on. And, these appointees receive absolutely no vetting or training. They are expected to be exemplary public servants imbued with grace and purity from the moment of their appointment. Mostly, their public business, proper and above-board as it may be, is done in secret. They frequently do not publish their accounts or reports. Yet, no one in Anguilla considers this odd. This is the way we have always done it.

You may say that the systemic lack of transparency and accountability has gone too far. That it won't be changed by educational seminars. That all that's left is enforcement and prosecution. That we need to hit people with a piece of stick to get their attention. That later, we can have seminars. To a certain extent, I agree. One of the aspects of systemic, institutionalized surrender of standards in Anguilla is our refusal to prosecute criminal acts by civil servants and persons of influence. Each one of us knows of three or four examples of public servants charged with serious crimes of dishonesty and immorality who have been quietly sent home and the charges dropped. The officials explain this aversion to enforcing the law by saying that they do not wish to “criminalise” Anguillians. Yet, we know that all it takes is to make an example of one or two influential persons. Prosecute one or two, and you will not have to prosecute another one for twenty years. Everyone will behave properly after an example has been made.

The long term solution comes down to a matter of education, I feel. The British public service has a National School of Government . They teach good governance, not just to junior public servants in the UK, but up to the highest levels. How come they do so little in the Overseas Territories? I had the privilege of being involved in two workshops organised by Karen West. The first was in Antigua for one or two senior civil servants from each of the West Indian Overseas Territories. We shared our experiences on lack of standards in our individual territories. The second workshop was in Anguilla. There, we had a cross-section of public servants. They designed a Code of Ethics for the public servants of Anguilla. I subsequently read that Stanley Reid went off to Montserrat to help them with a similar exercise. That was years ago. What has happened since? More importantly, what has been done to educate the Anguillian public on what we should expect in terms of good government from our public servants?

I blame the Foreign and Commonwealth Office for encouraging all the rumours and ill feeling that there is in Anguilla today. They did it by neglect rather than by some deliberate act or policy. By their lack of attention to the need to inculcate notions of high standards of government in the territories under their care, they may be said to have incited the feelings of doubt and suspicion that exist today in the minds of our citizens. Now the Foreign Affairs Committee of Parliament has recommended an Inquiry into allegations and rumours of maladministration in Anguilla. The Inquiry can be expected to be announced shortly. But, you may ask, what good will such an Inquiry do by itself?

Should not our ministers be schooled in the techniques of good government? Not only when there is a change of administration, but throughout the term of government? I believe that the National School of Government should be giving all Overseas Territories parliamentarians regular courses on the principles and practice of good governance. Members of the House of Assembly should attend workshops on how to handle the day to day temptations that will be strewn in their path to trip them up. Just because you start off in power as a principled and ethical human being does not mean that you automatically know how to handle the ambiguous situations that you will, perhaps for the first time, find yourself in after you are elected.

This applies not only to the National School of Government and members of the House of Assembly. Our Public Administration Department should be organizing courses on integrity and good governance for all Boards and Committees, as well as public servants, on a regular and on-going basis.

When all that happens, I will close down this Blog. The mission will have been accomplished.


19 July, 2008

FOI Act


Freedom of Information Act. Last Monday, Elkin Richardson hosted the Hon Chief Minister on his radio call-in programme “To the Point”. He treated him with all the respect that is his due as the head of our government. At no time did Elkin or any of the callers challenge the Hon Chief Minister, even when he said the most outrageous thing.

One particular exchange caused me concern. It is the subject of this post. Elkin asked the Chief Minister if he did not think it was time for the introduction of a Freedom of Information Act. The Chief Minister sounded as if he had been stunned by this question. He eventually replied with words to the following effect. “But, Elkin, you know that my government does not censure the news. Any radio or any newspaper in Anguilla is free to publish anything at all that they want. We do not need any Freedom of Information Act”. From which it became apparent that the Hon Chief Minister did not have the slightest idea what a Freedom of Information (FOI) Act is. I have kept quiet on the issue up to now. I wanted someone else to do the necessary explaining. However, I have not seen any newspaper, nor have I heard any radio station, attempting to clear up the matter. So, I am obliged to do so now, at the risk of appearing to pick on the chief minister.

The first point is that an FOI Act does not guarantee freedom of the press or freedom from censureship. That freedom is already guaranteed by law. The Constitution contains in section 11 all the guarantee of freedom of expression that we will ever need. We do not need an FOI Act to give that to us.

Freedom of information legislation is also sometimes called “open records” law. In the US it is described as “sunshine” law. The FOI Act is a law which sets rules on access to information or records held by government. Such laws define the legal process by which government information is required to be available to the public. Sweden’s Freedom of the Press Act of 1766 is thought to be the oldest of such laws. Today, over 70 countries around the world have it. Each State of the United States has its own law governing access to public documents of state and taxing entities. That is in addition to the FOI Act which governs records management of documents in the possession of the federal government. Other countries, particularly British Overseas Territories, are working towards introducing such laws.

What FOI legislation does is to alter the burden of proof. Any citizen can find out what is on any file in which he is interested. The burden of proving that the matter should be kept confidential rests on the person who argues that it must be kept confidential. The assumption is that the public has a right to all information kept by government. You have the basic right to ask for and to obtain the information. You do not even have to give a reason why you want the document. But, if the information is not disclosed, a valid reason has to be given. If the reason is unacceptable, you can take it to court for the court to rule on it.

In many countries with FOI legislation, “privacy” or “data protection” laws may be part of the freedom of information legislation.

A related concept is “open meetings” legislation. This allows public access to government meetings, not just to the records of them. In some British Overseas Territories, meetings of the Land Development Commission and even of Executive Council are open to the press and public, within reason. In Anguilla, by contrast, everything done by every government agency is shrouded in secrecy.

Under our present system, each public servant swears an oath under the Official Secrets Act on becoming a public servant. It is this oath which is probably the cause of the problem that this legislation seeks to cure. By this oath of secrecy, the civil servant essentially swears never to reveal to anyone any matter that he or she learns about in the course of his or her duties. Everything in government becomes secret. This secrecy is then used as a cover for committing acts of prejudice and injustice upon the ordinary citizen. A public servant can put a false and prejudicial note on anyone’s file that will forever stop that person from progressing, in the sure knowledge that the victim will never get to find out about it. The result is that the island is overrun by half-crazed theories about what is going on in government.

I hope that the next time Elkin asks about the Freedom of Information Act, he will not be satisfied with an answer that is completely unrelated to the question.

Related previous posts:

Freedom of Information: Guest Editorial 5

Land Development Control Committee

Open Government

Too Much Information Can Be Dangerous for your Health


15 July, 2008

Bribery


Has Don Mitchell Accused Ministers of Bribery to the FAC? Well, the Chief Minister was on a roll in the House of Assembly this morning! He stated, with all the passion in his voice that he could muster, that Don Mitchell has accused him and his ministers of bribery before the Foreign Affairs Committee. The reason, he suggests, is because Don Mitchell hates Anguilla and Anguillians. His explanation for this alleged hatred was two-fold.

One, was because Don Mitchell wants to stop Anguillians achieving full internal self government. He wants to continue the present colonial regime, because of his colour. He is wrong in that. Don Mitchell’s paternal grandfather was the same colour as the Chief Minister. Don Mitchell, like his father before him, has always considered himself a man of colour.

Besides, Don Mitchell believes that Anguillians are fully capable of handling full internal self government. We Anguillians just don’t trust the politicians of the future, any politicians, to be able to handle all that power. There are various reasons. One is that we have no tradition of good governance. All government in Anguilla, since self-government started in 1967, has been based on doing favours for friends and blocking those who are not subservient to you. That worries all sensible, thinking Anguillians. Another is that there are no checks and balances in the law or in the Constitution. We think full internal self-government would work fine with plenty of checks and balances.

The second reason, he suggested, is that Don Mitchell has no children of his own. Anyone, he said, who chose not to have children is incapable of love. Well, he is wrong there. The consequence of not having children of his own is that all Anguillian children belong to Don Mitchell. He does not need to get greedy to pass on wealth and possessions to biological children. He is happy with the little he has. The friends he has need nothing from him. They greet him in the street with no hidden agenda, no favours to seek.

The Chief Minister knows the coming recession is going to hit the development projects in Anguilla hard. People are going to be laid off. Mortgages will not be paid. Properties are going to be sold. This unfavourable situation is going to last until well after the appointment of the new President of the USA in 2009. It is only then we can expect the economy to revive. The politicians will have to shoulder a lot of the blame. There must be someone or something, other than government’s short-sightedness, to deflect the coming accusations. Don Mitchell is conveniently located nearby for that purpose.

Never mind, Don Mitchell intends to keep on doing what he has been doing up to this point. That is to demand that the highest standards of government must always be striven for.

And, the extraordinary thing is that, other than the post on 4 July 2007 [that the Ministers have Don Mitchell in court for], when he was commenting on what people were saying about the Indian workers’ march, it is only the Chief Minister who keeps repeating over and over again that Don Mitchell is wrongfully accusing government to the FAC for bribery!

Don Mitchell has done no such thing.

His letter to the FAC, as anybody who can read can easily find out by clicking here, was to send them a copy of the 2006 Constitutional and Electoral Reform Report. He has had no other contact with the FAC.

Politicians need to have a convenient whipping post nearby. It helps to put spin on the situation.

I am continuously amazed at the Speaker’s relaxed attitude to the Chief Minister’s abuse of the privilege enjoyed by members of the House to slander and defame persons who cannot defend themselves. In parliamentary procedure this is not normal.