New

The new Constitution, to quote Haydn Hughes, has just popped up on the government website. See: http://www.gov.ai/documents/Anguilla%20Constitution%20Draft%202009.pdf

I am going to be downloading it, printing it, and commenting on it. I expect that the A-G’s Chambers have made alterations and comments. If they have, all interest in Lolita’s draft now pales into insignificance.

Secrecy

Attorney-General denies having a copy of the draft new constitution. All Anguilla has wanted to see the draft new Constitution prepared by Lolita Davis Richardson. We have been waiting patiently to see what is in this draft.

I have been given a copy of what I am told is the final draft. It is filled with errors so I have my doubts. It contains barely one half of the recommendations of the Constitutional and Electoral Reform Commission. It contains some proposals that Anguillians soundly rejected. It is severely defective in many respects. Mrs Richardson should be ashamed if this draft is what the Chief Minister presents to London. It needs to be cleaned up and corrected by a legal draftsman in the A-G’s Chambers.

In the 16 February issue of The Anguillian Newspaper we saw the story of Mrs Richardson officially handing over the final draft to the government of Anguilla. She handed it over to the Chief Minister, the Attorney-General and the Minister of Finance. Those three had been part of the drafting team that spent over six months reviewing and finalizing this draft. They were well aware of what was in it.

All that was left was for the Attorney-General to publish the draft. The comments of the public would be sought. Members of the House of Assembly would debate the draft and come up with their own recommendations. The Chief Minister’s Committee would meet and hold discussions with the British Negotiating Team. Looming high over this process is the need first to publish the draft. Before anything is finalized the public needs to be given an opportunity to comment. Most people will not have anything to contribute. But, they all expect to be asked first.

February passed. March passed. April passed. May passed. June passed. We are now in July. That is nearly a half a year since the draft has been officially presented. Nothing.

On Tuesday 3 July the Chief Minister held his weekly press conference. He spoke about going this weekend to Guyana for the Caricom conference. When he returns he leaves on Monday for London. He is taking a team to discuss economic issues. He is also going to discuss the new constitution. The Anguillian Newspaper of 3 July reports what he said at page 15, column 2:

“He reported that

while in London the

delegation would

meet briefly with the

Constitutional Review

Team to discuss the

new draft constitution,

copies of which would

be circulated shortly.”

That concerns me. What business does the Chief Minister have discussing a new constitution when it has not yet been shown to us the public.

So I wrote to the Attorney-General asking for a copy. I told him I want to comment on it. He has now replied. He writes that he does not have a copy. It is still with the Chief Minister’s office. That means that not even the Attorney-General has been given a copy. Not for the public to see, anyway.

My fear is that, just like the 1982 Constitution, we in Anguilla will see it one week before it comes into effect.

I wonder how the people of Anguilla will accept being treated in that way.

In the coming days, I will make my comments on the draft that was sneaked to me.

Judicious

Random thoughts on writers’ block. I have nothing of interest to post on the blog. It has been over a week now since the last one. A house-full of guests is part of the problem. The devil has no chance to get at my hands now . . .

Another reason is that the political season has begun. The campaigning is going to bring the issues out into the daylight. The discussion will be much more effective and relevant to the needs of Anguilla than anything I can write on the blog. I am content to let the politicians, old and aspiring, debate the topics that interest us all. My contribution will not be worth two cents by comparison.

I have never in my life attended an Anguillian political meeting. They are real drama, I am told. But, I am not inclined to start attending now. Too old and cynical. The result is that I shall be unaware of many of the subjects of discussion. Unless someone is kind enough to drop me a line now and then to let me know :-)

Another reason for my writer’s block is that I am hearing that there are some major developments going on in the court. Both the Magistrates Court and the High Court have been producing some very important orders and decisions. Major events are playing out in that forum. The public knows nothing about them save for rumour. The court’s contribution to social development might as well be a play performed on a blacked-out stage. The singer’s mouth is moving, but the microphone has gone dead. There is no reporter who has the time to attend court and write up the happenings. No press-officer is employed to publicise what it is doing. There is a tradition that lawyers do not prepare press releases boasting about their forensic conquests. Most lawyers do not even receive the orders and judgments of the High Court in cases that do not concern them. Even though court decisions are public documents, they are dealt with as if they are private to the parties. Very few final judgments are posted on the Court’s website. Those few that are posted are out of date. I am reluctant to lean on any of my legal friends to beg them to scan and email me copies as they come to hand. What a waste of judicial time and effort. Such a pity, really.

Michael Jackson

Austerity

Government announces civil service salary cuts as part of austerity measures. This circular letter from the Department of Public Administration to all public servants has just been sent to me for comment. I have not checked with anyone to make sure it is authentic. I take it on trust as the source is dependable. I have read it.

Department of Public Administration

The James Ronald Webster Building

The Valley

REF: EST/5/10

GOVERNMENT CIRCULAR NO. 4 OF 8 JUNE 2009

TO: Permanent Secretaries

Hon. Attorney General

Department Heads

All Public Officers

H E, The Governor (for information)

Ministers of Government (for information)

AUSTERITY MEASURES

Anguilla and by extension the Budget of the Government of Anguilla continue to be impacted by the sharp slow down in global economic activity. The Government of Anguilla has been adopting certain austerity measures in response to the global financial crisis. The current difficulty being experienced in meeting monthly expenditure has necessitated further austerity measures by Government.

On Wednesday June 3, 2009 Executive Council agreed to the following for a period of six months in the first instance, effective July 1, 2009, to sharply reduce expenditure:-

(i) the figures for travel allowance categories A to E will be as follows:-

($225.00, $175.00, $125.00, $75.00, $62.50 respectively);

Council further agreed that travel allowance categories should be continuously reviewed to ensure that officers are placed in the correct categories.

(ii) telephone allowance will remain at the current reduced level;

(iii) salary payments be reduced by the amounts set out below:-

a) Hon Deputy Governor, Hon Attorney

General and Public Officers in grades A-F - 10%

Public Officers in grades G-M - 5%

Public Officers in grades A-F who did not receive the 25% salary increase in September 2008 should have the increase actually received reduced using the following formula to determine the percentage reduction (10 ÷ 25 x % increase in salary actually received in September 2008 = % amount current salary to be reduced by). This is proposed exceptionally on moral grounds particularly as persons would have made financial commitments based on their prior salary. This exception must not be construed as giving affected persons any rights or benefits that they would not have otherwise accrued.

b) All elected Members of HoA - 15% (of ministerial and HoA allowances)

Speaker and Nominated Members - 5%

Special Assistants/Advisers/

Specialist Worker - 10%

Wage Workers - 5%

(iv) pensioners will not be affected by any reductions;

(v) officers retiring during the temporary salary suspension period will be afforded their retirement benefits (gratuity and pension) based on their current salary and not at the reduced salary;

(vi) all officers including “contract” officers will be subject to the temporary suspension of benefits;

(vii) the GoA will communicate with financial institutions to request that civil servants who require their loans to be refinanced be granted that service at no cost;

Council noted that the GoA cannot commit to giving back the suspended funds at this time but undertakes that if the situation changes positively and significantly, consideration will be given to either partial or full reimbursement of the suspended funds.

Public Administration acknowledges the historic nature of these measures and the personal sacrifice officers will be required to make. However, it is hoped that public officers will recognize the seriousness of the situation and understand that the measures being instituted come after considerable deliberation.

Public Administration continues to urge officers, especially at this time, to remain vigilant in the collection of government revenues, be professional in the performance of designated duties and practice sound work ethics.

------------------------------------------------

Lana Horsford-Harrigan

Director Human Resource Management

Public Administration

Copy – Honourable Deputy Governor

Here are my comments.

First, let me say that everyone in Anguilla would expect that in time of financial crisis and falling revenue deep cuts must be made, including cuts in salaries and allowances. But, it is elementary that such cuts can only to be made by consent, not by force.

The memorandum makes it clear, if only by inference, that the proposed reduction was determined on by the Executive Council without discussion with either the public service or their representatives. There is no question of seeking to obtain the consent of the civil servants whose salaries will be affected. They are being told of a decision that has been made. The decision is “effective July 1”, by which I understand that salaries will be cut from July 2009. The lack of consultation and the failure even to try to secure prior agreement is unbelievably inconsiderate and unacceptable if true. Tell me which employer in Anguilla could get away with informing his employees, without any prior discussion, that their salaries were about to be cut?

The third paragraph from the bottom, with the words “commit to giving back the suspended funds”, etc, makes it clear that the Executive Council believes that it has the right to take away the proposed salary cuts permanently. This is not guaranteed to be a temporary suspension, it is to be a possibly permanent cut in salary. That is contrary to section 7 of the Constitution of Anguilla. This letter infringes the “property rights” section of the Constitution, and as such is illegal.

One thing that is guaranteed to get me really vexed is when I see government not bothering to take legal advice on a matter of great importance and obvious contention such as this. This proposal is the wholesale cutting of salaries. That is a matter of great importance of obvious contention. There are civil servants who are already living at the limit of their means. There are house mortgages, car loans, university loans, vacation loans, and personal loans for furniture, all expected to be paid on time. Any reduction will call for civil servants to have to begin negotiations with creditors and other persons to whom there are obligations.

That is why I would contend that no competent department of public administration could possibly have circulated this memorandum without first having sought legal advice. And, I would go further and state that no lawyer in a West Indian Attorney-General’s Chambers could possibly have o-kayed it. Both contentions cannot be right. One must be wrong. The conclusion is that either the department took a risk, or the A-G’s Chambers was careless.

I know it is a long time ago, but government must retain files. About the year 1982 Verna Fahie was a young civil servant. She was sent by government on a Canadian scholarship to Barbados. After about a year, government wrote her a letter. They had just realized that she was getting a stipend from the Canadians. That was in addition to her Anguilla public service salary. That was considered too good for her. She was informed that after she came back to Anguilla they would begin deducting her salary until she had paid back the government of Anguilla the amount of the Canadian stipend. She protested that they were the ones that had organized the scholarship, and they should have known about the stipend from the beginning. She did not agree to any deduction from her salary. They went ahead and made the deductions anyway. She took the matter to the High Court. The judge’s decision was that salary is property as much as land is. Just as government is not allowed to confiscate your land without payment of full compensation, so they are not allowed to confiscate any part of your salary. They had to pay her back the salary that had been cut and pay her legal costs as well.

In what way is the proposed new cut any different from what was done to Verna Fahie?

Come on, public admin, get their consent first.

Fathers' Day

I owe 243 of you per day an apology. No one has sent me any troubling or worrying news all week. I am not mad at anyone or anything. The result is that I have not made a single post for seven days. The statistics report I receive every Sunday now tells me that, on average, 243 persons per day visited this site last week. You would have been disappointed that I had nothing new to complain about. I am sorry. I apologise. I can only hope someone or something will upset me soon.

Meanwhile, it is fathers' day. My latest grandchildren are growing healthy and strong. Their mother is teaching them well. Here are a couple of photos of the entire family. The father is the pretty one.

Was it not Sir Francis Bacon who said, “He that marryeth and hath children giveth hostages to fortune”?

Baju-Baju's new BLOG

Baju-Baju has a brand new blog that she would like for you to visit.Baju-Baju is a name of a fairytale land; a place full with love and happiness. You can also visit her Etsy shop which has wonderful sewn goodies such as needlebooks, adorable pouches, and lovely sachets.Pop by and show her some love :)