Friday, October 31, 2008

PSIB - Resignation

Public Service Integrity Board.  My four-year stint as chairman of the Public Service Integrity Board has come to an end.  Someone else will have to take over.  I wish him or her every success.  I was lucky in my colleagues.  Pastor Cecil Richardson, Allister Richardson and I had a very cordial and cooperative relationship. 
The Hon Stanley Reid's letter was very gracious. 
I would like to thank you for your devoted and invaluable service.  I believe that your task as a member has been demanding and possibly tedious at times but your commitment to serve has assisted in ensuring the smooth and proper functioning of the Anguilla Public Service.
The truth is that the task was neither demanding nor tedious.  The work of the PSIB should not be too difficult for the new appointees.  The job of the PSIB is a very simple one.  The PSIB's functioning is prescribed by the Act of the House of Assembly that set it up.  Its duties are limited to advising the Governor on those matters concerning alleged conflicts of interest of civil servants that the Governor chooses to send to the Board for its advice.  Full stop.  Period. 
The PSIB does not deal with any real issues of integrity in the public service.  No member of the public has the right to complain to the Board about a conflict of interest.  No person may send the Board any allegation of lack of integrity discovered relating to any public servant.  Members of the Board may not investigate any allegation that comes to its attention, except that it was sent by the Governor.  In all those four years, there were only two that I can recall.
The result has been that the functions of the Board have been pretty mundane.  The majority of the issues put to the Board for advice were comparatively trifling.  A customs officer wants to help out his brother part-time, after working hours, in his supermarket.  Will that be a conflict of interest?  A secretary in the Ministry of Finance wants to do a part-time job in the evening as a manicurist in a hotel.  Will that be a conflict of interest?  Please communicate the views of the Board to His Excellency soonest.
What about the allegation that a driver of a public service vehicle is using it as a taxi?  No, the Board has no concern with that.
What about the police officer who was caught red-handed shoplifting?  No, the Board should not ask any questions about that.
What about the immigration officer caught taking sex and groceries in exchange for residence stamps?  No, the Board would be out of its depth dealing with that.
What about the senior police officer forcing himself on the new women police constables in exchange for promises of promotion?  No, the Board should leave those issues alone.
What about the teacher seducing the high school student?  No, leave that to the proper authorities.
The problem is that in Anguilla the proper authorities have become experts in art of the cover-up.  It is not in the interests of senior officers in any branch of the public service to prosecute or even to fire a junior officer committing crimes of immorality or dishonesty.  That would stir up a can of worms.  Much better to deal with the problem “administratively”.  That has invariably meant shifting the offender to another job and closing the file as soon as can decently be done.  No one is ever subjected to disciplinary proceedings, far less prosecuted.
The trouble is that the children are observing.  The public are watching.  The lesson being taught is that there are no consequences of wrong-doing.  Once you are an Anguillian, there will always be someone looking out for you.  When all discipline breaks down, when the young people enter the work force and demand to be paid without doing an honest day's work, what will happen?  The growing numbers of them sitting listlessly under the trees in every village enjoying the stupifying effects of their ganja and crack are already there for all to see.  The hypocrites in the churches and in the high echelons of society pretend shock and surprise. 
We will all know that the rot started at the head. 
The failure of Anguillians to demand the highest standards of those in authority and power over us will have been at the root of the problem. 
If it is too late then, don't blame the PSIB.

Friday, October 10, 2008

Teachers Matter

Teachers Matter – By Don Mitchell CBE QC

Presentation as part of a Panel Discussion at the Annual General Meeting of the Anguilla Teachers’ Union on Friday, 10 October 2008

1. I am grateful for being invited to address you on the theme for this year's World Teachers' Day. I have been a teacher for barely one year. Probably, every one of you in the room today is more qualified to speak on the subject than I am. However, I am willing to accept the challenge, if you don't mind taking the risk of being bored.

2. First, I ask myself who is the teacher that matters? One answer that I like is that the teacher that matters is a person whose profession it is to make a difference to children, to move student achievement forward, and to bring their pupils to their highest potential.

3. If our teachers are to meet this definition, they have to be of the highest quality. We must be both talented and motivated. It would seem to me that quality is at risk when:

There are fewer applicants than there are teaching vacancies; or

The profession is not competitive with other occupations in attracting such persons; or

There is a shortage of qualified teachers; or

The profession is not held in high regard by the society.

4. The obvious solutions would appear to be to:

Improve teaching's general status; and to

Heighten teachers' competitive position in the job market; and to

Broaden the source of teacher supply to include well qualified people from other careers; and to

Provide special incentives for teachers whose skills are in short supply; and to

Give extra encouragement and support for teachers working in difficult locations.

5. We teachers, like any other professional, need to have our knowledge and skills constantly developed.

Teacher education, induction, and professional development, are all essential techniques and tools.

Teachers require a lifelong learning framework.

6. Teachers will matter when only the best candidates among us are selected for employment. Teachers will not matter where the administration has no policy for recruiting, training, selecting and employing teachers.

There are questions that must be asked.

Is the tenured employment of a teacher in the public service, and the permanency this entails, conducive to encouraging professional development?

Is there any incentive for continuously reviewing our skills and improving our practice?

Are there in Anguilla any mechanisms for teacher evaluation and accountability?

7. Let it not be said of us, as George Bernard Shaw did, “He who can, does. He who cannot, teaches”.

8. I want to tell you about Mr Rais. He was my arithmetic teacher when I went to boarding school in Trinidad at 9 years of age. This was a long time ago. The main ‘audio visual’ teaching tool then was the chalk board and a wood-backed duster to wipe it clean from time to time. Mr Rais made me learn my tables. He taught additions, subtractions and multiplications. It must have been very boring for him. He used to pace up and down the spaces between the desks as we did our class assignments. He would peer over my shoulder at my exercise book. Every time he noticed an error, he would rap me on the top of my head with the wooden back of the duster.

9. To this day, I cannot multiply beyond 5. The 10 times table was easy. You just had to add a zero to the figure. If I have to work out 8 times 8, I can only do it by adding 3 times 8 to 5 times 8. Or, for variety, I might subtract 2 times 8 from 10 times 8. I failed mathematics at O-Level twice.

10. I loved physics and chemistry from Form 1. I asked for a chemistry set as a Christmas gift every year. I did well in those subjects right up to Form 5. Then, mathematics entered the picture. I failed both physics and chemistry at O-Level. When I think of that teacher, a special loathing rises in me.

11. Probably, if he were still living, and you asked him about those days, he would tell you that what he remembers is that, “For every person who wants to teach, there are 30 not wanting to learn.”

12. I am sure none of you makes a similar mistake with your students. Unlike Mr Rais, you know that teachers matter.

Thursday, October 09, 2008

Child Support

Notes for a speech given at the Department of Social Development Staff Development Day Workshop, at the Soroptimists' Conference Room, The Valley, on 9 October 2008
At present, child support orders are generally made under the Magistrates Code of Procedure Act[1].
The old nineteenth century Act provides two regimes of support. One is for the children of: (i) married women; and the other is for the children of (ii) unmarried women.

1. Married women:
The provisions for child support are found at sections 134-137. Note that the present law provides that:

(i) Legal custody of a child vests in the husband. The court can only give legal custody to the mother, if she is a wife, if she proves, eg,

(a) that the father has forced her into prostitution,

(b) or is a habitual drunkard,

(c) or has committed a “matrimonial offence” such as adultery or desertion,

(d) or has been convicted on indictment.

(ii) Only in one of those conditions can the wife obtain from the Magistrate's Court an order for child support.

(iii) She loses, generally, all rights if the court is satisfied that she has committed an act of adultery.

(iv) If she ever resumes cohabitation, the order is discharged, and she has to start all over again when he abandons her and the children a second time.

(v) She cannot enforce a child support order by applying for the imprisonment of the father if the amount she has allowed to fall into arrears is more than two months or $4,000.

2. Unmarried women
The present-day provisions are found at sections 138-146 of the Magistrates Code of Procedure Act. They provide:

(i) The mother must normally bring her complaint to the Magistrate for a child support order within 12 months after the birth of the child.

(ii) The evidence of the mother alone is not sufficient. It must be corroborated by some independent evidence, eg, by a witness who saw them together in "compromising circumstances" around the time she testified she had sexual relations with the man.

(iii) The court is limited to making orders for the expenses of birth (and prior death) and for weekly maintenance. The court cannot order the man to help her with other expenses surrounding the having and bringing up of a child.

(iv) Child support arrears cannot be collected unless the mother can prove that the father possessed sufficient means to pay. She cannot merely testify that he did not comply with the court order. She has to become a detective and find the evidence that can satisfy the court that the man has the income to meet the court order, and that he has been deliberately flouting the court order.

(v) The court can, normally, only make an order for the support to be paid to the mother of the child, and not to anyone else, unless the mother has died. The grandparents or whoever else is bringing up the child cannot enforce the order and ask the court to make the man meet the terms of the court order the mother obtained.

The Reforms
The major reforms proposed have come out of the OECS Family Law and Domestic Violence Project. This is part of the initiative of the Eastern Caribbean Supreme Court towards judicial and legal reform in the OECS region.

The Bills that have been circulated for discussion, and adoption by the Houses of Assembly of the various countries and territories of the OECS are:

  1. The Child Justice Bill;
  2. Children (Care and Adoption) Bill;
  3. The Domestic Violence Bill;
  4. The Family Law (Guardianship, Custody and Access to Children) Bill;
  5. The Maintenance of Children Bill;
  6. The Status of Children Bill.
The ones that we are to look at today are:

  1. The Status of Children Bill
This Bill will completely reform the law relating to the status of children:

(i) It abolishes the distinction between children born in wedlock and out of wedlock.

(ii) It does away with any reference to whether or not the parents of a child are married to each other or not.

(iii) The right of the child to inherit its father's property no longer depends on whether or not its parents are maried to each other.

(iv) It vests in the father for the first time rights in relationship to the child.

(v) Paternity is now presumed where:

(a) he was married to the mother at the birth of the child;

(b) the child was born within 10 months of his death or divorce;

(c) the child was born within 10 months of his ceasing to cohabit with the mother;

(d) he was adjudged in his lifetime or after his death to be the father;

(e) the mother (during the father's lifetime) or the father signs a notarised document acknowledging him to be the father.

(vi) It creates the Family Court.

(vii) It sets out the procedure for the court to make a “declaration of parentage”.

(viii) It provides the medical procedures for “parentage” to be determined.

The Act is supported by the following Regulations:

The Status of Children (Parentage Testing Procedure) Regulations
This provides for parentage to be established by DNA testing. There are detailed procedures to be followed, and the forms that have to be completed in each case.

2. The Maintenance of Children Bill
Some of the major proposed reforms of this Bill are:

(i) The High Court may, eg, in bankruptcy proceedings, make an order restraining the depletion of a person's property which would impair or defeat the making of a maintenance order.

(ii) The Bill makes no distinction between married women and unmarried women and of children born in wedlock and children born out of wedlock. All the complicated provisions that previously distinguished each of these two from each other are swept away.

(iii) The concept of “putative father” goes. The concept of “child born out of wedlock” goes. Each “parent” of a “child” now has an obligation to provide for its support.

(iv) "Congujal relationship” is now recognised, and identical maintenance responsibilities follow regardless of whether one is the mother or the father, or whether or not they are married to each other.

(v) The court is permitted to make orders for “joint physical custody” and “joint legal custody”. So, for the first time, an unmarried father may obtain joint physical custody, or joint legal custody permitting him access to the child.

(vi) A parent who receives money for child support must use it for that purpose. If he or she misapplies that money, he or she now commits an offence

(vii) The Bill is supplemented by draft regulations. They are titled the Maintenance of Children Regulations. The most important changes for Anguilla are:

(a) Regulation 3 provides for the court to send a notice to the person who has been orderd to support a child.

(b) Regulation 4, and section 17 of the Bill, envisage the Magistrate's Court appointing a Collecting Officer from the staff of the court house. In Anguilla, that may well be more appropriately drafted by providing for an officer of the Department of Social Development to perform that duty, as it is not normal for the court house to collect, disburse and account for child support monies.

(c) The Schedule consists of all the various forms needed by the Bill.

The third new proposed piece of legislation that that we will look at and that will reform the child support regime in Anguilla is:

3. The Family Law (Guardianship, Custody and Access to Children) Bill
This Act makes provision for:
(i) The equality of parental rights in relationship to children, particularly as concerns the custody and upbringing of children;

(ii) Custody orders only to cease to have effect after six months of the mother and father resuming cohabitation. So that trickster fathers can no longer entice the mother of his child into a short lived and spurious reconciliation that will have the effect of making her start the proceedings for child support all over again.

(iii) The intervention of counsellors and mediators and other professionals to be ordered by the Court dealing with the matter.

(iv) Orders to be made prohibiting “harassment” or “interference with the child”

[1] RSA c M5.