Tristan : Ascension Island Council: 26 January 2006
Submitted by Tristan Times (Juanita Brock) 06.02.2006 (Article Archived on 20.02.2006)
Several issues were discussed during this well attended meeting.
Ascension : MEETING OF THE ASCENSION ISLAND COUNCIL HELD ON 26
JANUARY 2006
As Reported by Georgie Benjamin
Following the opening of the Island Council Meeting Councillors proposed that the order of the Agenda for the meeting be rearranged to allow some closed session items on the Agenda to be discussed in open session in the interest of transparency. Councillor Henry then proposed that the paper pertaining to “Legal Advice Regarding Right of Abode,” submitted by both Councillors Yon and Henry to be put on the Agenda for debate in open session.
One of the reasons Councillors wish to instruct Legal Counsel is because it is difficult for the Attorney General to offer objective advice in this matter although Councillors are not suggesting the Attorney General would intentionally adopt a position favourable to the British Government. Councillors are not asking the Attorney General for his views on the lawfulness of the British Government’s decision, he is only being asked for legal advice regarding “technical” or “procedural” matters. Having said that Councillors might wish tom consider again whether the Attorney General is able to be entirely independent in this regard. Councillors are requesting funding to obtain an opinion from Counsel and that opinion will address the issue of whether an action of the British Government is lawful. If the advice received is considered as unlawful then the action (i.e. the decision to refuse right of abode) may well become the subject matter of future litigation. Councillors stated that as a result of a well attended public meeting held on 15 December 2005 there was universal public support for Council to seek to implement the strategic objectives and, in particular, to ensure Legislation providing right of abode is introduced and implemented. At that same meeting it was agreed that in addition to political action, legal action should be investigated and if appropriate pursued.
This is the wish of the people and the elected members of this council have a duty to the electorate and the electorate has a right to know, see and listen to what the Island Council are doing on their behalf. Furthermore under the Good Governance paper issued to the Territories by the FCO in October 2005 there is a clear duty on the part of the Council to conduct its business in an open and transparent way. Closing this debate to the public is not acting in an open and transparent way. The Administrator having taken advice from the Attorney General agreed to include all items on the Agenda except for confidential matters which will be held in closed session.
Matters Arising Individual Cases (Small Business) Councillors expressed their concerns that people with small businesses are being considered individually and that there is a need for a policy to cover all individuals as there can not be one rule for one person but not for another. The Administrator advised Council that although Council can advise the Governor on policy, the Governor sets the policy underling right of abode and the right to purchase property and must take into account the decision made by FCO. Council strongly disagreed as they were not consulted before FCO’s decision.
Council asked what the relevance is concerning the present strategic plan or should it be binned? The Administrator replied that nothing has changed to which Council disagreed as the FCO decision has completely changed the way forward for Ascension. The Administrator reiterated that nothing has changed. The Legal Advisor stressed that arrangements should be put in place for individuals and to ensure they have access to legal assistance. Other matters arising consisted of the Fisheries Research Project- the FCO was to fund this project for Ascension but has now decided not to approve funding for the study. The Councillors felt this was yet another U-turn by the FCO.
Baggage Allowance- The huge difference in baggage allowance between Government and non-Government personnel, travelling by plane is to be carried forward by the Administrator. Public Conveniences- Initial cost estimates for public conveniences at English Bay is within the region of £66k and for the Two Boats Sports Field within the region of £30k. No details were given but there was a comment that the proposed facility must be a luxurious one. Medical Services- The Administrator is in the process of drafting new Terms of Reference for a strategic review of the medical services on Ascension. Finance Committee- Councillors Jones, Yon and Bennett will be serving on the new Finance Committee. Quad Bikes - Draft legislation for Quad Bikes on Ascension will undergo the usual public consultation exercise which would give members of the public the opportunity to comment on the decision to make Quad Bikes road legal on Ascension. Policing – Reg Williams has been appointed to serve on Ascension. The cost of a UK Police Inspector will be discussed at a later date. Financial Assistance Vicarage-Property to be reviewed
Under Matters Arising Councillor Leo informed the Administrator of his concerns in that the elected members of the Island Council are sidelined, by-passed or simply ignored in much of the decision making on local issues at Council level by the Governor, the Administrator and the Foreign Office. He has prepared a list of examples for Council to support his concerns as this system of Government restricts Councillors’ from being “true and faithful” to the Electorate—according to the Oath. Councillor Leo requested that this flawed working relationship be addressed and corrected for the benefit of the island and the people. He went on to say that he has serious concerns in that the elected members of the Island Council are not totally engaged, by the UK Government’s representatives for
Ascension Island, in the decision-making on local matters at Island Council level. Consequently, Councillors are failing in their responsibility to fully represent the taxpayers of Ascension. After the introduction of democracy and taxation the local population, many of whom were born on the island and many have lived most of their lives on Ascension, patiently waited on the option of right of abode and right to property ownership for security, progress and prosperity.
The Island Council Ordinance makes provision for the Governor to consult the Island Council in the formulation of policy and states that he shall act in accordance with the advice given to him by the council. But then the Ordinance completely cancels out that demand and goes on to defend and endorse any decision made by the Governor on any issue without him consulting the Island Council. After the Councillors of the second Island Council were sworn in, without allowing time for consultation or discussion, an FCO team arrived on
Ascension and announced that the UK Government will not grant right of abode or right to property ownership. Soon after, without explanation, the “summit proper” that was promised by the FCO was cancelled allocation policy. Members of the electorate are caught up in the uncertainties as a result of the changing circumstances due to the U-turn on the major issues have concerns that need addressing. lease/rent property and the right to operate private business. At the Summit and the Council Meeting of 15 December 05, without requesting approval, the Governor said that he and the Administrator would be dealing with these cases. In a letter from the Governor, to each Councillor, confirming his intention he states that they will commence to do this, “as agreed”. This wording suggests that the Councillors’ agreed that only the Governor and Administrator could decide on the solutions to the cases when Councilors most certainly did not. It is important that Councillors be involved in this decision-making process
In any political and democratic process respect is required for confidentiality and sensitive issues but the wording of the oath that Councillors are required to swear to on the bible is a contradiction in terms of opinion and is an insult to the principles of democracy and representation. The Administrator replied that he considered policy making and dealing with individuals should be separated. It was considered dangerous to have politicians actually involved in individual cases.
Councillors made reference to the concerns of those resident taxpayers caught up in the uncertainties as a result of the changing circumstances due to the U-turn on right of abode and right to purchase property. There was a lengthy debate on AIG policy for the leasing of houses, in general, on the island.
On the recommendation of the Attorney General, Councillors requested that they start drawing up a new draft policy to which the Administrator agreed.
Under Any Other Business the Administrator was asked who will pay the salary of the Acting Administrator during the time he is away. The Administrator confirmed that FCO will pay the salary. The statement made by the Reference was made the statement from the Administrator that "all persons are required to have the permission of the Administrator to enter Ascension and remain. That is the law". Councilors' voiced their concerns in the interests of representing the residents and insisted that they be involved in the decision making related to residence as, in their opinion, there is some misinterpretation and misrepresentation of the present AIG policy.
The Financial Director will look at the cost of improvements to Two Boats and George Town playgrounds. Preparations for the Children’s bus shelters are in hand and a request has been received that the appropriate authority separate parking facilities for cabs near the Club as it is difficult for Taxi Drivers to pull out when the car park is full.
The Attorney General said that a property lease and advice draft is almost ready and Council will receive a copy. Mr Cripps (Legal Advisor) stated there should be a policy in place as he feels uncomfortable giving advice to people without knowing what law applies. Council stated there should be a policy to encourage family members to stay, provided they have adequate medical insurance and are not a drain on Government finances.
It was agreed that provision be made in the 2006/7 Island Budget for £5,000 to £10,000 legal expenses. The Attorney General will draft legislation for a Legal Assistant Fund and a Lay Advocate Ordinance.
Before the meeting closed, Councillor Yon informed the Administrator that his e-mail to Councillors concerning the Oath of Office when using the media to keep the public informed was unacceptable. Council considered his remarks were insulting, patronizing and paternalistic as Councillors are aware of their responsibilities.
Ten members of the public attended the meeting which was well worth attending.
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