Montserrat 11

Having the Constitution give absolute and dictatorial powers to one man is the opposite of providing for good governance.  A read of the draft Constitution reveals an intention to give the Governor almost total power over the administration.  He is controlled only by secret and unaccountable instructions from the FCO.  This secrecy and lack of accountability are then multiplied by giving him associated discretionary powers. 

The result is an anti-democratic Constitution.  The system it sets up is not conducive to good governance.  It is the polar opposite of integrity, accountability and transparency.  In particular,

(a) The section 21 use of his discretionary and reserve powers is not subject to democratic accountability.  The draft Constitution should be amended to provide that, except where otherwise instructed by the Secretary of State, he ought first to consult the Cabinet and be subject to review by the High Court in the exercise of his discretionary and reserve powers;

(b) Integrity, accountability and transparency require that the section 26 power to dispose of Crown Land should be subject to a resolution of the Legislature;

(c) The section 28 power of pardon should be exercised on the advice of a Mercy Committee;

(d) The section 87 power to grant or withhold pensions, gratuities and allowances ought to be exercised on the advice of the Public Service Commission;

(e) The section 100 power to appoint the Auditor General is exercised after consultation with the Public Accounts Committee.  Greater accountability and transparency would be achieved if this were to be done after consultation with the Public Service Commission and the Integrity Commission;

(f) Extraordinarily for the twenty-first century, the Governor will retain the power to amend or to disallow a law passed by the Legislature without any reference back to the Legislature.  

Accountability

Accountability.  We are looking at the problem of the lack of accountability and transparency in the government of Anguilla.  We have been doing so under the three general headings of (1) Integrity; (2) Accountability; and (3) Transparency.  We have dealt in some detail in the past several posts with the issues that arise in looking for the first element, integrity.  Next we look at the second general area, the vexed question of the lack of accountability in our public administration in Anguilla.

The insecure and the deceitful among our public servants are equally afraid of accountability.  To be accountable means that we must one day explain to someone what we did and why we did it.  A weak or corrupt public servant cannot perform that duty comfortably.  Secrecy is his preferred environment.

By contrast, the self-confident and the honest among us welcome accountability.  For one thing, mechanisms and techniques for guaranteeing accountability give us the tools to demonstrate our honesty, effectiveness and integrity.  Systems for demonstrating accountability permit us to show our honesty and efficiency, compared to the run-of-the-mill.

Some of the most effective measures that can exist in this area include: (a) the Complaints Commissioner; and (b) a functioning Public Accounts Committee.

Related posts:

Secrecy

Promises