Thursday, April 06, 2023

A Short History of Anguilla's Parliament

 

Anguilla was first settled in the year 1650 by runaway indentured servants from Barbados; and small farmers, their servants, and slaves from St Kitts, escaping the heavy tobacco taxes, imposed there to pay for the defence of that island against French invasion.

In 1666, some sixteen years later, the leading figures among them formed themselves into a self-appointed Executive Council and elected their own deputy governor.[1]  For many years, this Council acted as an informal legislature, judiciary, and executive for Anguilla.  The power it exercised was not sanctioned by any English, regional, or local statute or other law.  By contrast, in every other Leeward Island, Royal Patents were sent out from London for the appointment of a deputy governor, an island Council to advise him, and an Assembly to make laws.

In Anguilla, for some 175 years after the island’s settlement, there was no lawfully constituted Assembly to make laws for the people.  When in 1825 the first laws were passed specifically for Anguilla, they were made by the Legislative Council of St Kitts and Anguilla sitting in Basseterre in St Kitts.  Such a degree of neglect by the colonial authorities was unique in the West Indies.  The first legislature to be legally established in Anguilla, by which the people’s representatives made laws for the island, came about as recently as the year 1976, or 326 years after settlement.

The earliest Anguilla Councils were self-appointed and were merely tolerated by the colonial authorities in Antigua.  In later years, the Governor-in-Chief in Antigua invariably confirmed the local appointees, and never interfered in the affairs of the Anguilla Council, as he frequently did in the more prosperous and consequential colonies of Antigua, St Kitts, Nevis, and Montserrat.  He touched on Anguillian affairs only when there was an appeal from a decision of the Anguilla Council, which he would usually pass on to the Secretary of State in London for a ruling, since he exercised very limited authority over the Anguilla Council.

The result was that, throughout this early period, the common Anguillian man and woman endured the unregulated rule of their Council made up of local, invariably white, planters, without the benefit of any real supervision by the colonial authorities.  There was no Assembly to enact statutes under which the people could be governed.  Under the colonial regime of the day, no law enacted in one colony could apply in another.

The truth is that Anguilla was too poor, and of no consequence to the colonial authorities since it contributed nothing to the Crown to merit any expenditure of time or money on its administration.  The result was that up until the year 1825, the Anguilla Council, in effect, acted as the executive, legislative and judicial branches of the government of Anguilla, without any formal constitutional or statutory authority.[2]

In the absence of a legislature to enact laws for good government, a deputy governor of Anguilla was obliged to rely for his authority on his personal standing in the community, not to mention his physical prowess.  An English historian, writing in 1707, nearly sixty years after settlement began, described the settlers of Anguilla this way,[3]

Their business . . . was to plant corn, and breed tame cattle,[4] for which purpose they brought stock with them.  They were poor and continue so to this day, being perhaps the laziest creatures in the world.  Some people have gone from Barbados, and the other English Charibbee Islands, thither; and there they live like the first race of men, without government or religion, having no minister nor governor, no magistrates, no law, and no property worth keeping.  If a French author is to be believed, . . . ’The island is not thought worth the trouble of defending or cultivating it’.

Regular periods of drought; frequent hurricanes; and a thin, poor, and unproductive soil offered limited opportunities for growing the cash crops that flourished in St Kitts and Antigua.  The people were further impoverished by the devastations brought by the wars between the English and the French.  Only the keeping of small stock such as goats, and subsistence farming of such hardy crops as maize, sweet potatoes, and pigeon peas, could ensure the survival of the people.  Fishing added some protein to their diet.  Goats were mainly sold for cash in St Kitts and Antigua or were slaughtered on special occasions.  The risky enterprises of privateering during times of war, and the continuous smuggling among neighbouring islands, brought into the island a limited amount of coin.  Laziness was no part of the hardy Anguillian nature.  No one could prosper, far less grow rich, in such adverse conditions.

As the Governor-in-Chief said of the governor of Anguilla in a 1724 dispatch, “If his cudgel happens to be one whit less than a sturdy subject’s, then good night, governor!”  The result was that Anguillians lived, worked, and died through the late seventeenth, the eighteenth, and the early nineteenth centuries without the benefit of any legal system for their government.

In the 1730s, Anguilla’s reputation for lack of a judicial system and any form of government was at its lowest point.  In 1734, Governor-in-Chief William Mathew remarked on the lack of law and a properly constituted method for its enforcement in Anguilla.  He complained that he did not know what to do with the inhabitants.  “They live, he wrote, “like so many bandits, in open defiance of the laws of God and men.”

The first effort to create an Assembly for Anguilla to make laws for the island, then classed among the Virgin Islands, was an initiative of Governor Mathew in 1734.  As he wrote to the Committee for Trade and Foreign Plantations, the people of Anguilla were in continuous property disputes.  In the absence of a court system, he wrote, the stronger party always had the better title.[5]  Some sort of Court was required for citizens to have both a fair hearing and also a remedy against wrongs done to them.  Additionally, there was no provision for the trial of criminal cases.  Offenders could not be prosecuted.  Governor Mathew gave as an example a case of a person accused of murder and brought to St Kitts for trial.  There, he was tried and convicted of murder.  When he broke out of jail, he could not be re-arrested as the Attorney-General advised that his trial in St Kitts for an offence committed in the Virgin Islands was illegal.  His effort at establishing both a court and a legislature for Anguilla came to nothing.

For the next seventy years until 1825, Anguilla continued to have no legally established legislative or judicial system.  By the mid-eighteenth century, the Governor in Antigua appointed all members of the Council as Justices of the Peace.  A committee of them sat to hear petty complaints, and imposed such penalties and fines and gave such decisions as seemed proper to them.  Appeals from such decisions of the Council lay informally to the Governor in Antigua, but this right was seldom exercised.

In the year 1825, prolonged drought, regular hurricanes, and the long wars with the USA and France, which ended only in 1815, combined to bring the Anguilla planters to their knees.  The British blockade of trade with the enemy during the preceding 30 years devastated the vital Anguillian privateering and smuggling industries, while the alternating periods of droughts and hurricanes destroyed the small-stock, crops, and homes of the islanders.

Their economy having collapsed, the Anguillians submitted to pressure from London to dissolve their Council and to be governed by St Kitts.  London’s main interest in the union, as evidenced in the correspondence of the Secretary of State with the Governor-in-Chief in Antigua in the early part of the 19th century, was to have some form of law-making power that would apply law to the Anguillians, particularly the existing slavery amelioration laws and the coming Abolition of Slavery Act.[6]

And, so, in 1825 the St Kitts Legislative Assembly passed the Anguilla Act to provide for its laws to extend to Anguilla.[7]  Anguillian planters who met the voting qualification (ownership of 100 acres of land) elected one representative to the St Kitts and Anguilla Assembly.[8]  In this way, in the year 1834, the Slavery Abolition Act of St Kitts was effective to bring an end to slavery in Anguilla.

When the Anguilla Revolution broke out in March 1967, Anguilla was a part of the Associated State of St Kitts, Nevis and Anguilla.  The legal system in effect at that moment was the common law of England and the statutes of the Associated State.  Anguilla in 1967 was not only an integral part of the Associated State, but also shared institutions of the nine-country Associated States, and the world-wide Commonwealth of Nations.  Anguillians were fed up with rule from St Kitts, and were afraid that associated statehoodship was a first step to complete independence for the State.  That would permanently put them under the heel of the government of St Kitts.  They preferred to be ruled directly from Britain, and petitioned the FCO repeatedly to make this happen.

The Anguilla Revolution was to fundamentally change Anguilla’s legal framework.  On 8 March 1967 rioters allegedly burned Government House at Landsome Estate to the ground, and the St Kitts-appointed Warden fled to Basseterre.  On 29 May, at a meeting in Burroughs Park,[9] the crowd voted by a show of hands to expel the St Kitts policemen from the island.  They left the Park in procession.  They marched to Police Headquarters and ordered the St Kitts police stationed in Anguilla to leave by 10:00 the following morning.  On 30 May the officers were advised that a ‘plane was ready to take them to St Kitts.  They were all disarmed and expelled and sent back to St Kitts.  From that point on, all central government trappings were ended.  The St Kitts Magistrate was no longer permitted to visit Anguilla and to dispense justice in the Magistrate’s Court.  The High Court Judge from St Kitts was no longer permitted to visit and to hold court in Anguilla as had occurred every year since 1825, the year when Anguilla had submitted to rule from St Kitts.[10]  Only a limited number of laws passed by the legislature in St Kitts were ever to be applied to Anguilla again.[11]

On 31 May 1967, the Anguillians established a Peace-keeping Committee to manage the island’s affairs.[12]  This Committee and its successor Councils carried out all the executive functions of government.  There was no attempt to set up a rival legislature to the St Kitts House of Assembly.[13]  The situation was not to change until the British Parliament passed the Anguilla Act of 1971 and made provision for the Commissioner to be able to make laws for the island.  The result was that no substantive laws were made in Anguilla until the year 1971.

The first legal instrument of a sort to be passed in Anguilla after the Revolution began was the referendum on secession from St Kitts adopted by the people at a public meeting on 11 July 1967.[14]  By this public act, Anguilla ceased for all time to be administered as a part of the Associated State.  A further step in legitimising the Revolution was the adoption of a Constitution.  The Peace-keeping Committee recruited Professor Roger Fisher of Harvard University to help with its drafting.[15]  He produced an eleven-section Constitution which provided for an Anguilla Council with full legislative and executive powers.  The members of the First Anguilla Council were named in the in this Fisher Constitution.[16]  They were to hold office until elections were held not later than July 1968.

The Peace-keeping Committee set about arranging the first elections under the new Fisher Constitution.  When nominations closed on nomination day, 17 October 1967, five of Ronald Webster’s candidates stood unopposed.  They were declared to be duly elected councillors.[17]  They took their seats as the Second Anguilla Council on 21 October.

In early 1968, the British sent an adviser, Tony Lee, to assist the Anguillians in running the island’s affairs.  He was to remain for a period of one year.  During this time, the British government attempted to negotiate a settlement between the Anguillian and St Kitts leaders that would preserve the integrity of the Associate State.  They failed to resolve the crisis.  The Anguillians were adamant that they would accept nothing short of complete separation from St Kitts and a reversion to colonial rule.  The Kittitians were equally adamant that the Revolution was illegal and that they would accept nothing short of the agreement of the Anguillians to return to the fold of the Associated State.

The British government was caught in a quandary of its own making.  The West Indies Act of the UK Parliament of 1967 prohibited the UK government from imposing a solution.[18]  The Act prohibited the UK from changing the status of any part of an Associated State without the request and consent of the State legislature.  On 30 July new elections were held for the Third Anguilla Council.[19]  His year being up, Tony Lee left Anguilla on 6 January 1969.  Up to this point, no laws had been passed in or for Anguilla since the date of the commencement of the Revolution.

The next “law” to take effect in Anguilla was the 1969 Holcombe Constitution.[20]  It was adopted by a show of hands in Burroughs Park on 6 February 1969.[21]  It provided for Anguilla to become an independent Republic.  There would be a President and a Vice President elected nationally.  There would also be an Assembly of nine legislators, two from each of the three constituencies and five elected at large.  The date set for elections to the legislature was 25 March 1969, while the President and Vice President were to be elected on 3 April.  When nominations closed on 21 February, Ronald Webster was nominated unopposed and was declared President of the Republic of Anguilla.[22]  On nomination day only six candidates were nominated, and they were similarly declared elected unopposed.[23]

On 11 March 1969, the British government envoy William Whitlock who had arrived in Anguilla on a fact-finding mission was expelled.  During the early hours of 19 March 1969 some four hundred British paratroopers brought the Revolution to an end.  Their invasion of the island was not opposed by the Anguillians, and not a person was harmed.  Tony Lee returned to govern the island as Commissioner under a British Order in Council of 18 March.[24]  The Holcombe Constitution was swept aside, and the previous Third Anguilla Council was recognised as the duly elected representatives of the people.  This invasion was made with the consent and at the invitation of the St Kitts government, who expected the island to be returned to rule from Basseterre.

With the change of government in London in 1971, the British administration gradually became more sympathetic to the Anguillian cause.  On 27 July 1971, the Anguilla Act of the British Parliament came into effect.[25]  It provided the framework under which the British would administer the island.  Shortly after, on 4 August, the 1971 Constitution came into effect.[26]  It provided for a Legislative Council of seven members and up to six nominated members.  No legislation was enacted in Anguilla during the year 1971.

In the early part of 1972, the first laws for Anguilla made in Anguilla were enacted under the provisions of the 1971 Constitution.  There were twenty-six laws in all, covering such matters as financial administration,[27] police,[28] council elections,[29] marriages,[30] courts,[31] and taxes.[32]  These laws were made by the Commissioner “after consultation with the Anguilla Council” but were not introduced into and debated in any legislative council in the normal way.  This was not a satisfactory situation, and this early period was marked by disputes between the members of the Anguilla Council and the British Commissioner.[33]

The first general elections under the new Constitution were held on 24 July 1972.  The Fourth Anguilla Council that resulted found itself completely without any power.  Laws continued to be made by the Commissioner without reference to any Legislative Assembly.  From 1973, they were made by the Commissioner “after consultation with the Anguilla Council”.[34]  The situation remained unchanged during 1974 and 1975.  The Anguilla Council was continually unhappy with the arrangement that gave the Commissioner total power and control.  The result was a series of strikes and other civil unrest.

The turbulence was not to be calmed until the British government agreed to constitutional reform, and the 1976 Anguilla Constitution was made on 19 January and came into effect on 10 February 1976.[35]  Anguilla was still legally part of the Associated State of St Kitts Nevis and Anguilla but administered from London.  This Constitution provided for the first time for laws to be made by the Commissioner “with the advice and consent of the Assembly”.  Laws were to be introduced into the Legislative Assembly and assented to by the Commissioner.  These are laws as properly so understood.  They would truly have been made with the consent of the representatives of the people. 

The first such “proper” law to be made by a legislative assembly turned out to be a humble and insignificant one, now long forgotten.  The Anguilla Fund and Financial Administration (Repeal) Ordinance, No 1 of 1976 did nothing more than bring back the old St Kitts Finance and Audit Ordinance of 1965 with such modifications as were necessary to bring it into conformity with the Constitution of Anguilla.  It was passed by the Legislative Assembly on 13 May 1976.  It commences with, what for a lawyer, are the magical words, “Enacted by the Legislature of Anguilla”.  Modern constitutional government had at last come to Anguilla.

The 1976 Associated State-type Constitution was replaced in 1982 by Order in Council by a fully-fledged colonial-style Constitution made under the provisions of the Anguilla Act of the United Kingdom Parliament.[36] This 1980 Act was passed when the UK government agreed with the governments of St Kitts, Nevis, and of Anguilla that the Associated State would be ended.  St Kitts-Nevis would go into independence as the Federation of St Kitts and Nevis.  Anguilla would temporarily revert to colonial rule until such time as her people may decide to go into independence.  This is the present Constitution, with subsequent amendments, under which Anguilla is governed.[37]

6 April 2023 – Notes for a presentation to the UK Overseas Territories Speakers Conference, Anguilla, 3 to7 April 2023, extracted from two earlier essays:

1 March 2007, “Law and the Anguilla Revolution” and

8 June 2018, “History and Evolution of the Court System of Anguilla”



[1]     Abraham Howell, Anguilla’s first deputy governor, in a patent preserved in the Anguilla Archives stored at the Courthouse, describes himself as having been elected as deputy governor in the year 1666.

[2]     Anguilla Council Minutes, 1819-1841, previously cited.

[3]     John Oldmixon, The British Empire in America (1708), Vol 2, p.264.

[4]     The term ‘cattle’ at the time included pigs, sheep and goats.  It was probably this last which the settlers brought to the island.

[5]     CO 152/21: Mathew to the Committee.

[6]     See for example the various correspondence and dispatches at CO.407/1 between Lord Bathurst and Governor-in-Chief Maxwell on the need for Anguilla to have laws.

[7]     CO.240/16, at folio 315: Act No 198. An Act to Authorise the Freeholders of the Island of Anguilla to Send a Representative to the House of Assembly in the Island of St Kitts (usually referred to as the “Anguilla Act”.

[8]     In Anguilla and the Leeward Islands, the property qualification was removed, and the universal franchise was introduced by the Elections Ordinance of 1951.

[9]     Later renamed the “Ronald Webster Park”.

[10]    From sometime in the 1930s the Assizes ceased to be held in Anguilla and serious Anguillian crimes were tried in St Kitts until the Anguilla Revolution:  Per Dame Bernice Lake QC in a private communication to the author.

[11]    The Anguilla (Administration) Order 1971, SI 1971 No 1235, section 15, provided that the statutes of the Associated State made prior to its commencement date of 4 August 1971 should have effect as laws of Anguilla.  From that date, any relevant and useful laws made in St Kitts after the date of the Revolution and prior to the commencement date were adopted with any necessary modifications as part of the law of Anguilla.  The ones that were not required were specifically repealed at various times in the following years.

[12]    The first members consisted of Walter Hodge as chairman, Peter Adams, Atlin Harrigan, Alfred Webster, James Baird, John Rogers, Clifford Rogers, Ronald Webster, Wallace Rey, Camile Connor, Phillip Lloyd, Charles Fleming, Wallace Richardson, Mac Connor, and Emile Gumbs.

[13]    Ronald Webster’s explanation was that the members of the Committee were convinced that any laws passed by it would be illegal and unenforceable.  They functioned by persuasion, so that, for example, the customs officers at the ports agreed to collect duties at the revised rate of one half of the prescribed amounts.  The result was that there was no attempt to amend the customs duties law or any other law during the time of the Republic and until the Anguilla (Administration) Order of 1971 made provision for the Commissioner to make laws for Anguilla:  Per Ronald Webster in a private communication to the author.

[14]    Passed 1,813 to 5 in favour of secession.

[15]    Professor Fisher’s involvement grew out of his connection with Professor Leopold Kohr (1909-2004) who at the time was a lecturer at the University of Puerto Rico and who started a ‘state founding action’ to draw the world’s attention to the Anguilla crisis.

[16]    They were Rev Leonard Carty, Ronald Webster, John Rogers, Peter Adams, Walter Hodge, Emile Gumbs, and John Hodge.

[17]    They were Ronald Webster, Wallace Rey, Hugo Rey, Collins Hodge, and John Hodge.

[18]    The West Indies Act, 1967 (1967 c. 4).

[19]    This consisted of Ronald Webster, Atlin Harrigan, Kenneth Hazel, Collins Hodge, John Hodge, Wallace Rey, and Emile Gumbs. 

[20]    Jack Holcomb was a CIA agent and something of a conman.  He was stationed at the time in Anguilla and at Mr Webster’s invitation advised the Council.

[21]    By a margin of 1,739 to 4 votes.

[22]    He chose as his Vice President Campbell Fleming.  His Cabinet was to include John Webster, a former Secretary of Defence, as Secretary of State for Domestic Affairs, while Jeremiah Gumbs was Secretary of State for Foreign Affairs. 

[23]    They were Winston Harrigan, Lucas Wilson, Uriel Sasso, James Woods, Charles Fleming, and Mac Connor. 

[24]    The Anguilla (Temporary Provision) Order 1969, SI 1969 No 371.

[25]    The Anguilla Act 1971, (1971 c. 63).

[26]    The Anguilla (Administration) Order, 1971, SI 1971 No 1235.

[27]    The Anguilla Fund and Financial Administration Ordinance, No 1 of 1972.

[28]    The Anguilla Police Ordinance, No 3 of 1972.

[29]    The Anguilla Council Elections, No 4 of 1972.

[30]    The Marriage Validation Ordinance, No 8 of 1972.

[31]    The Court of Appeal (Special Provisions) Ordinance, No 10 of 1972; and the Supreme Court (Amendment) Ordinance, No 26 of 1972.

[32]    The Rum Duty (Anguilla) (Amendment) Ordinance, No 13 of 1972; Boat Licensing (Amendment) Ordinance, No 14 of 1972; Liquor Licensing (Amendment) Ordinance, No 15 of 1972; Export Duty (Amendment) Ordinance, No 16 of 1972; Stamp Act (Amendment) Ordinance, No 18 of 1972; Vehicles and Road Traffic (Amendment) Ordinance, No 19 of 1972; Firearms (Amendment) Ordinance, No 20 of 1972; Public Pounds (Amendment) Ordinance, No 21 of 1972; Anguilla Airport (Embarkation) Tax Ordinance, No 24 of 1972.

[33]    First Tony Lee, who had to be replaced, then John Cumber, AC Watson, William Wallace, and later still in David Le Breton, who remained in place until after the 1976 Constitution came into effect.

[34]    There were eight such laws in all, including the Anguilla Roads Ordinance, No 5 of 1973; the Anguilla Local Constables Ordinance, No 6 of 1973; the Accommodation Tax Ordinance, No 7 of 1973; and the Telecommunication Ordinance, No 8 of 1973.

[35]    The Anguilla (Constitution) Order 1976, (SI 1976 No 50).

[36]     The Anguilla Act 1980, c 67.

[37]     The Anguilla Constitution Order 1982, SI 1982 No 334.

Saturday, February 11, 2023

Integrity in the Public Service

Today, Wednesday, 1 February 2023, I heard a senior government administrator on Radio Anguilla explaining how loyal, efficient, and hard-working all the members of the Anguilla public service are.  They are all, apparently, undervalued and misunderstood by members of the public.  In relation to some of them, nothing can be further from the truth, as any Anguillian who regularly interacts with the public service can attest.  Members of the health and education services are notable exceptions.

The level of corruption in some other sectors of the public service over the years has been staggering.  There are several professionals in the service illegally moonlighting in the private sector.  Some have the requisite permission of the Public Service Integrity Board (PSIB) to do so.  The rest are doing it contrary to the Code of Ethics in the Public Service.

The Governor has delegated to the PSIB the task of investigating conflicts of interest when public servants apply for permission to engage in private enterprise on the side.  The PSIB in suitable cases recommends permission which is then granted by the Governor in writing.  This is a prerequisite before civil servants can apply to private establishments for after-hours work.

Some private sector employers do not employ moonlighting public servants on a permanent basis.  They are considered casual employees.  Once the second job is kept quiet and off the record, the employer does not pay either Social Security or the Interim Stabilization Levy on their wages or tips.  They don’t have to pay medical benefits or holidays with pay.  This illegal labour is a cheap substitute for full-time employees.  Social Security and the Inland Revenue are defrauded.

Some of the computer specialists in the IT Department in years past quietly offered their services for a fee to offices, supermarkets, and businesses in the private sector.  I have heard it said by senior administrators that there is nothing wrong with that.  After all, this expertise was in rare supply.  These services were said to be desperately required in the private sector.  That is nonsense.

That justification is on a par with the tongue-in-cheek excuse we heard in the 1980s when conflicts of interest first began to envelop the public service.  It was said then that civil servants who illegally provide technical and professional services in the private sector were not engaged in conflicts of interest, but in a “convergence of interests”.  There was said to be an insufficient number of qualified persons in the private sector to take on the specialist tasks that, if the island was to become modernized and efficient, trained government employees would have to contribute their expertise to ensure the objective was achieved.  So, the interests of the public and the interests of government were said to converge.

The Registered Land Act and the Land Surveyors Act provide for government surveyors to perform certain surveying jobs as part of their duties.  It is a function of the Surveying Department to ensure that missing boundary stones are replaced.  One of the government surveyors’ jobs is to do any survey necessary for the Registrar of Lands and the Director of Surveys to sort out disputed boundaries.  It is a government service for which government is expected to be paid.  There is a scale of fees set out in the Regulations.  So, if you ring the Department and request a surveyor to replace your missing boundary mark, a surveyor will turn up.  But you may then be informed that he is performing the survey on a private basis.  You pay him, not government.

A government surveyor working privately deprives the Inland Revenue Department of the prescribed fee.  This amounts to a fraud on the revenue.  Not to mention that it is contrary to the terms of his employment.  His head of department has no authority to give him permission.  Nor will he have the permission of the Public Service Integrity Board to engage in this clear conflict of interest.  And private sector surveyors are cheated out of a job.

If you dine at one of our fine restaurants, you are likely to notice that some of the waiters and waitresses are permanent civil servants moonlighting on a second job.  Sure, their enterprise in finding a way to earn enough to supplement their meagre salaries is commendable.  But it is illegal if they do not have the permission of the Governor through the PSIB.

For decades there have been accountants in the public service who offered private accounting services to local businesses.  The Governor’s permission was not sought.  This amounted to unfair competition with accountants in the private sector.  Some were known to work with private accountants who accepted their work as their own and signed off on the accounts.  This was part of the well-known Anguillian profession of “fronting”.

Some police officers moonlight, working at nights as security for restaurants, “sports bars”, illegal casinos, and other businesses on the island.  The employers love it as their businesses are protected on the cheap.  There are several private security firms that are deprived of the opportunity to provide these services.  But they are more expensive than illegally moonlighting public servants, as they have greater overheads.

One customs broker tells me there were until recently officers in the Customs Department that provided informal customs brokerage services.  Even if there were only one or two of them, think of the conflicts of interest this presented!  It was some years ago, but one day I was passing outside Radio Anguilla and saw a person in uniform hustling out of the old Customs office building.  He furtively accepted a bundle of documents from an apparent representative of a foreign developer and disappeared back into the office.

Think of the conflict of interest this involved.  The temptation must have been to under value some of these dutiable transactions on the understanding that the officer would collect a fee for the “service” he was providing.  It was not only a conflict of interest which corrupted the public servant in question, it also encouraged defrauding the revenue.

I am upset that these public servants undermined the income of the public who were in unfair competition with them for these jobs.  Private sector employees did not have the advantage of a permanent job with a regular salary to go back to every morning.

Statutory boards are not strictly part of the public service.  But they are very much public sector.  Some years ago, government announced that all statutory Board members must successfully complete a management course that government had arranged with the Community College.  There, they would be lectured in good governance, avoiding conflicts of interest, and the need for integrity in the conduct of their duties.  Gradually, this exercise petered out.

The announcement that you must be qualified before your appointment to a Board was not backed up by any law or statutory regulation.  It was therefore not enforceable.  Ministers who advise the Governor on appointments found it frustrating to deal with Boards which refused to be intimidated and which instead insisted on doing things the right way.  So, many qualified Board members were fired and replaced with the usual unqualified girlfriends and cronies who were easier to influence.

The low standard of governance that prevail in the past and probably continues is truly shocking.  Some years ago, in a well-meaning gesture that was typically ineffective, futile, and misleading, Anguilla’s Executive Council “declared” that all single use plastics were illegal, and their importation banned.  Now, as every Anguillian schoolchild knows, there is a law under which Executive Council can genuinely prohibit the importation of any commodity deemed contrary to the public good.  But instead of using the prescribed mechanism, they engaged in this useless exercise of making an announcement.

We all knew this “banning” was unenforceable from the moment it was published in the newspaper and billboards.  Printed at the foot of each announcement was the attribution, “Barbados Public Service.”  Barbadian prohibitions have no legal effect in Anguilla.  For a few months, supermarkets and groceries tried to comply.  Some still do by using biodegradable green plastic bags.  But some continue to supply non-degradable plastic bags.

It was like the “banning” of Pitbulls and Rottweilers after the baby-mauling in The Forest.  Or the prohibiting of amplified music late at night to the disturbance of the public.  Or the band of young louts we see at all hours of the day loitering around the gates of the Comprehensive School, preying on pre-pubescent schoolgirls.  Or the open running of illegal brothels and casinos.  Or the illegal sand mining from the dunes and beaches.  Or the dumping of truckloads of domestic and commercial garbage on the sides of minor roads.  Or the unauthorised emptying of the contents of septic tanks on back roads.

So, I am done with it now.  I am considering ceasing all efforts to encourage a rise in standards in the public service.  The rant may be good for reducing my blood pressure, but it is pointless.  This will, hopefully therefore, be my last essay on the topic of the lack of public service integrity in Anguilla.