GOOD GOVERNANCE IN SMALL JURISDICTIONS
THE NATURE OF GOOD GOVERNANCE IN SMALL JURISDICTIONS A Member of the Anguilla House of Assembly spoke recently at the Sixth Overseas Territories Forum on the ‘Oversight of Public Finances and Good Governance’. How many believe that, with current processes and procedures, your jurisdiction exemplifies the epitome of good governance? In this article, I will first introduce the concept of good governance; second, I will explain the seven principles of good governance; third, I will highlight some challenges in attaining good governance structures in small jurisdictions and how these challenges can be addressed; and fourth, I will explain the connection between Public Accounts Committees and the principles of good governance. Good governance is essential for the effective functioning of government institutions and the successful implementation of policies. It not only shapes the way that governments operate, but also influences public trust and societal well-being. Principles of Good Governance The seven (7) fundamental principles of good governance1 are: 1. Transparency | 2. Accountability | 3. Rule of Law | 4. Participation | 5. Responsiveness | 6. Effectiveness and efficiency | 7. Equity and Inclusiveness. Transparency: Transparency is the act of making decisions and processes that are clear and accessible to the public. It creates trust between the government and the public by reducing corruption and ensuring that decision-making processes are open to scrutiny. It also helps to prevent abuses of power and mismanagement of resources. However, how transparent is transparent? In many British Overseas Territories, for example, the Executive branch of government is referred to as the Executive Council (‘ExCo’). It comprises the Governor sitting as the Chairperson, a Deputy Governor, an Attorney General and the elected Members of Government. ExCo’s Code of Conduct establishes guidelines to which its Members must comply. It provides two instructive aspects relevant to the issue of transparency. The first is that discussions held in ExCo are confidential; and the second, is the concept of collective responsibility which applies to ExCo Members. It restricts a Member from speaking, publicly or privately, against a decision of ExCo. Any Member who cannot accept and support a decision of ExCo
needs to consider resigning his/her office. This being the case, one may then ask - how can a public administration comply with these Code of Conduct provisions while simultaneously ensuring that it is transparent in its dealings? The answer is by publishing public, detailed reports on government spending and policy decisions. While limitations exist in relation to ExCo discussions, its decisions and policies can be and ought to be disclosed. In fact, public consultations on those same decisions and policies will assist in achieving a greater degree of transparency. Accountability: The principles of accountability and transparency go hand in hand. Accountability is a crucial characteristic of good governance. It means that government officials and institutions are responsible for their actions and decisions. They must justify their actions and be answerable to the public and oversight bodies, such as the Public Accounts Committee. Holding leaders responsible for their conduct builds trust and legitimacy in government institutions. Implementing regular audits, having independent Oversight Committees, and establishing clear procedures for addressing complaints and grievances are some necessary features of accountability. The danger in not applying the principles of transparency and accountability leaves the people of a jurisdiction with the perception, rightly or wrongly, that the government is making decisions that benefit a few at the expense of the public. Rule of Law: The principle of Rule of Law is simple. Adhering to the Rule of Law promotes fairness, consistency and justice in decisionmaking. It helps to protect individual rights and prevent arbitrary or discriminatory actions by the government. You may be familiar with the depiction of Lady Justice - a blindfolded woman holding the scales of justice in one hand and a sword in the other. Lady Justice represents the pillars of fairness, equity and the pursuit of justice. The blindfold symbolises objectivity and impartiality, and the treatment of everyone with equality and fairness. The scales are a metaphor for matters being ‘held in the balance’, with the sword representing the power of justice. What do you think happens in a society where the Rule of Law applies to some persons but not
Hon. Cora Richardson Hodge, MP is the Leader of the Opposition in the
Anguilla House of Assembly since July 2020 and is also the Chair of the Public Accounts Committee. She is the Leader of the Anguilla United Front. Her background is in law, and she is Principal Attorney-at-Law at Iustitia Law Chambers. She studied at Stetson University College of Law and the Florida Institute of Technology. She is also a member of the American Bar Association and the Anguilla Bar Association.
The Parliamentarian | 2024: Issue Three | Over 100 years of publishing | 239