Inquiry

When Can Anguilla Expect to See the FAC-Recommended Inquiry? I have been looking again at the Report of the Foreign Affairs Committee of the British Parliament. The FAC has recommended that there be a public inquiry into allegations of corruption in Anguilla. The Hon Eddie Baird pointed out recently on the “To the Point” radio talk-show why a public inquiry is to be desired, even by the Ministers. It is in the interest of the Ministers to put the wild allegations to rest. It is not to their long-term benefit to sweep the matter under the carpet. People will only continue to hurl irresponsible allegations around. But, in my opinion, it is very doubtful that the recommended Inquiry will be held.

The Hon Chief Minister has said repeatedly in the House of Assembly that he is opposed to the holding of such an inquiry. He must be speaking for the government when he says so. The Turks and Caicos government was similarly opposed. The Inquiry was still set up, in spite of their Premier's protests. It was done within days of the FAC recommendation being published. The TCI Commission of Inquiry is pursuing its investigation, despite legal challenges made by government supporters. What makes Anguilla different? To understand, you need to look at the actual words used in the FAC Report.

The Report was published on 6 July 2008. You can download a copy of the entire thing here. Be patient, it is 3.17 MB in .pdf format. Or, you can just look at the two relevant extracts copied in red below for you.

The TCI recommendation is quite different from the one for Anguilla. It begins at page 157 of the Report. The relevant part reads:

“We conclude that the UK Government must find a way to assure people that a formal process with safeguards is underway and therefore recommend that it announces a Commission of Inquiry, with full protection for witnesses”.

The recommendation for Anguilla begins at page 132. The relevant part reads:

“We recommend that the [British] Government should encourage the Anguillan government to establish an independent inquiry into allegations that Anguillan ministers accepted bribes from developers in the Territory”.

These are fundamentally different recommendations. In the case of TCI, the FAC recommended that the British Government should announce a Commission of Inquiry. The British Government did so almost immediately. In the case of Anguilla, the FAC recommends that the British Government should encourage the Anguilla Government to hold an independent inquiry.

So, it is for the FCO to first react, if it chooses. The Mandarins in the FCO have to decide whether they see any advantage for themselves in recommending an Inquiry to the Anguilla Government.

They may reject the recommendation. They may decide that they should continue their history of benevolent abandonment of all principles and policies of good governance in Anguilla. That will be the end of the matter. This is the choice I believe the FCO will make in the end. Why should they accept the FAC recommendation that they shoot themselves in their own foot?

Even if the FCO should comply with the recommendation, that is not sufficient. The FCO may accept the FAC recommendation. They may “encourage” the Anguilla Government to hold an Inquiry. Then, it is up to the Anguilla Government to respond.

The Anguilla Government may decide to hold the Inquiry. Alternatively, they may decide to reject the “encouragement”. The Anguilla Government has a choice. The recommendation was not made in binding and obligatory words, as in the case of the TCI. It is open to the Anguilla Government not to take the encouragement. If they do not call for an Inquiry, they will not be flying in the face of anybody. They will be exercising a choice they were given.

If they decide to hold the Inquiry, that is not the end. They have to decide who they will appoint as the Commissioner. Unlike in the TCI, it will not be the British Government who will decide on who the Commissioner in Anguilla will be. The Anguilla Government could bring in anybody they think suitable.

Meanwhile, the FAC has washed its hands of Anguilla. They are now busy considering what the British Parliament should be doing about the Russian invasion of the Republic of Georgia. It is hardly likely they are going to want to waste their time coming back to consider the problem of Anguilla.

It has been well said that, “There is many a slip twixt cup and lip”.

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