Reforming Law and Policy in the Turks & Caicos Islands
With the benefit of my experience in analysing technical issues in land law, I have been able to puruse law reform from a sound foundation. Developing new policy and ushering in law reform is, for me, the most challenging and the most satisfying part of my personal goal. I have been able to contribute directly to new law and policy in the Turks & Caicos Islands, the Cayman Islands and the United Kingdom.
I was appointed by the UK Foreign Secretary to conduct a six-month inquiry into land tenure issues in the Turks & Caicos Islands and propose reforms. The Islands were going through a transition period and concerns were raised about a wide variety of difficult land problems, particularly housing and housing finance. These were politically contentious and had signficant implications for government administration.
My role was to analyse the on-going problems affecting land rights in the Turks & Caicos Islands, and formulate solutions, informed by my prior involvement in land reform in British Overseas Territories and the UK. I undertook the review with support from a local attorney. My report assessed the problems and weighed up the best options for reform. It contained 146 recommendations (see link here). I presented them to the TCI Cabinet, where they were promptly accepted. The UK Minister for Overseas Territories welcomed them (see here) as-
"practical and well-considered recommendations
to improve the utility of crown land in TCI
and generate a more efficient and transparent process."
- Lord Goldsmith
My law reform recommendations are now seeing results from the implementation phase:
o I recommended urgent legislative reforms to combat the housing finance crisis and regularise property titles. These recommendations were enacted in two new Acts (see here)
o Further legislation, described by the Minister as a ‘monumental step forward’ (see here), was introduced to give effect to my reform recommendations to kick-start an affordable housing market.
o The TCI Government has recently began executive action to deal with the shanty towns and resettle inhabitants as per my recommendations (see here). This was an important step for national security and will help limit its effect on environmental degradation.
o The TCI Government has announced (see here) that they are going forward with a new law giving effect to my recommendations which reconceive public access rights to beaches. These are designed to protect citizens’ rights in their natural surroundings.
o The TCI Government also implemented my policy recommendations on the use of vacant land for new community agriculture schemes (see here). This was driven by my recommendations to conserve cultural traditions as well as promote national food security.
o The TCI civil service is currently also implementing my recommendations for bringing operational streamlining and efficiency to the lands administration department (see here).
Salt Cay - the salt pans I visited when talking to local
residents about land tenure reforms
My review covered TCI’s housing stock, squatter settlements, government offices, roads, beaches, seabed, and more. This wide scope meant that my recommendations had implications for a range of vital national issues. They impacted on
housing
the economy
immigration
national security
public land access
utilities infrastructure
food security
good institutional governance
Many of these involved highly charged and contentious topics in TCI.
It is very rewarding for me, personally and professionally, to see my work from that period being given effect by the TCI Government with the backing of the UK Government. Some of the ideas I developed there apply equally to the Cayman Islands and I have been talking to public bodies about the possibility of equivalent reforms in Cayman.
