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Antigua Parliament in Breach of Law

In breach of the Freedom of Information Act (2004)Antigua St. John's - On Monday, July 30th, 2012, the UPP Government presented to parliament a motion to install an information commissioner to fulfill the requirements of the Freedom of Information act, passed by the UPP in 2004.

The Freedom of Information act includes safeguards to ensure that a politically unbiased and impartial information commissioner is installed.
 
The specific safeguard that is applicable in this instance is found in Section 35(2)(e) of the Freedom of Information Act (2004), which reads as follows, “A person shall not be qualified to hold office as Commissioner if that person - holds office in, or is an employee of, a political party or is a political activist.”
 



It should be noted that the act did not speak about eligibility, but rather ineligibility, which allows wide latitude for the Prime Minister to appoint someone who in his judgment has the necessary competencies to fill this position.
 
The Act however specifically bars the Prime Minister from appointing an individual who “holds office in, or is an employee of, a political party or is a political activist.”


The Prime Minister’s nomination of Mr. Alister Thomas for information commissioner is, in my view, in breach of the Freedom of Information Act (2004). Mr. Thomas’ is a founder and an officer of a political organization, the National Movement for Change, and is a known political activist to all Antiguans and Barbudans.
 
In my presentation to Parliament, I did not concern myself with the qualifications of Mr. Thomas or his competence to hold the position, as that was the responsibility of the Prime Minister to execute at his discretion. That was not the responsibility of Parliament as I interpreted it. The Law mandated the Parliament to determine whether or not the nominee is ineligible according to section 35(2) of the Freedom of Information Act (2004).
 
It was inappropriate and ill-advised of the Prime Minister to speak on behalf of the nominee in terms of his current political activism or his status in his political party. In light of the fact that the nominee himself has not publicly declared that he is neither an officer of the political party he founded or is a political activist, the Prime Minister’s comments are unfounded.
 
It became clear to me that the Prime Minister and members of the UPP Administration were again engaged in another act of wantonly and callously breaching the laws of Antigua and Barbuda.
 
Since elected in 2004, the UPP regime has consistently breached the laws of Antigua and Barbuda, particularly the Finance Administration Act (2006).
 
Loans such as the Wadadli Power Plant, the Construction of the new Airport Terminal, the new Transport Board Headquarters, and the loan from President Chavez of Venezuela, to name a few, should have been brought before Parliament for approval. Up to this day, they have not been presented to Parliament.
 
The Government is also in breach of the Constitution of Antigua and Barbuda, Section 92(3)(b), which requires that supplementary appropriation bills be brought before Parliament for approval. There has not been a single supplementary appropriation bill since the UPP took office in 2004.
 
The UPP Administration appears determined to manage the country outside of Parliament, blatantly breaching the laws of Antigua and Barbuda in the process. The Opposition Antigua and Barbuda Labour Party (ALP) has repeatedly pointed to instances where the Baldwin Spencer Administration has failed to comply with legislation that his Government has passed since 2004 when first elected.
 
The support extended to the Prime Minister’s nominee for information commissioner by Members of the Opposition, in my view, is an unwelcome departure from previous efforts of the Opposition to halt the law breaking habits of the Baldwin Spencer Administration.
 


The moral authority to chastise the government in acts of law breaking might well have been forfeited.
 
Consistent with the oath of office of all Parliamentarians, I wish to restate my position that as Member of Parliament representing the people of St. Mary’s North, I will continue to fulfill my duties in safeguarding the interests of all Antiguans and Barbudans to whom I am accountable in all aspects including observing the laws of Antigua and Barbuda without exception.
 
As Parliamentarians, we should not forget that we were elected to uphold and protect the law, not to break the law.
 
Hon. Molwyn Joseph
Member of Parliament for St. Mary’s North
31st July, 2012

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31 Comments In This Article   

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RE: Antigua Parliament in Breach of Law

#31 Horseman » 2012-08-06 15:17

THis old xxxxx should just shut up and stop misleading the people with his warped interpretation of the laws.
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Horseman

Literacy, Numeracy & Legalese

#30 John French II » 2012-08-02 22:51

Notes From A Native Son Of The Rock! Help from any Legal Beagle quarter on this vexatious issue would be most appreciated.
Tenman, are you able to engage any of your legal comrades as to whether being Chairman of the Education Appeal Tribunal is holding apublic office.
Maybe the Hon. Dr. Minister of Ed. would see this as a teachable moment & learning opportunity and clarify for a "Bewildered & Bemused Electorate".
fnpsr, I crave your indulgence. Even though not living in Chicago, you definitely are familiar with the Imam, note I did not say "Iman", the Hon. Minister Louis Farrakhan. Would anyone (Not an Iman) who paved the way and introduced the Hon Minister at a Public Meeting with the Leaders of the Government in that Vast & Populous Nation of yours not be considered a Political Activist? Maybe the Good Gentleman is a secret Imam.
Venerable Pompey, Shed some light where Darkness has fallen over the Land.
Quote:
If I have my brains knokt out... the GG must appoint some other rascal to have his brains roasted in the Sun, withou the prospect of getting compensation.
Heaven Help The Nation Of Antigua & Barbuda.
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John French II

Honorable men do honorable things

#29 From the Side Line » 2012-08-02 09:12

An honorable man will always put country and reputation before self. It seems to me that Mr. Thomas could and should have known the conflict of interest his appointment would bring, however in the politcal arena it's not about honorable things. Deals are cut and things are swept under the carpet. Good thing Molwyn was not part of the deal and refuse to get in line. Just like with the no confidence vote. People don't be fooled this is politrics. That's how the game is played. We have seen how they can sit and drink together in the comfort of their patio, while the supporters are up in arms and not seeying eye to eye at all. Let no man fool you. Thomas should do the honorable thing and excuse himself, or is the money so attempting.
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From the Side Line

@ fnpsr

#28 SlyThatGuy » 2012-08-02 08:06

fnpsr,if you're concerned about anything the prime Minister does,it's okay to inquire;however ,it's not okay to inquire while making blatant accusation against him that cannot be proven. Therefore,my question to you is,did Mr.thomas hold any of the positions forbidden by the Act at the time the Prime Minister appointed him? All the evidence so far suggest he did not.If he held an office in government,if he were an employee of a politician or if he were a political activist,it would have made him ineligible for the job,and the Prime Minister would have broken the law. People need to think it through(get their facts straight) before they make their comments.
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SlyThatGuy

Antigua Parliament in Breach of Law

#27 SlyThatGuy » 2012-08-01 21:24

when it comes to it,the Prime Minister just has to do what is right and what is necessary;he doesn't have to bow down to the demands of everyone.The Act does not bar the Prime Minister from appointing an individual who was a political activist,nor an individual who was an employee of a political party,nor even an individual who held office in government. If Mr. Joseph has any physical evidence to establish the fact that Mr.Thomas holds any of those positions listed,then he should just go ahead and lay them out and stop all that talking.There is a lot of talk from him,but he hasn't provided any evidence to support what he's saying. On the other hand,if he is correct, I have to berate the Prime minister for doing that.He cannot break our laws just to please himself.
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SlyThatGuy

RE: Antigua Parliament in Breach of Law

#26 auddie » 2012-08-01 20:44

Mr. Joseph's points are valid.
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auddie

RE: Antigua Parliament in Breach of Law

#25 Ian Best » 2012-08-01 19:40

Molwyn is going through, to quote him, an "epitome" crisis. Root cause - His lust for power which has eluded him since he was Finance Minister 20 years ago. Poor man.
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Ian Best

RE: Antigua Parliament in Breach of Law

#24 Concern Antiguan » 2012-08-01 18:21

Mr. Thomas declared that he is no longer a political activist so that he can obtain the position. In time i am sure he will change that position for convenience. This is not about Molwyn and his stance. This is part and parcel of the convenient appointments that we make. Clearly, this man should not be appointed to the position. Baldwin is smart. Keep your friends close, but your enemies closer. Baldwin realize by strategically giving the vociferous opposition voices positions, he will be able to silence some of his critics. Again, what is Mr.Thomas qualification for the post? This is the question the politicians should be asking. Instead, they are grand standing on technicality as to whether or not this guy has political affiliation/act ivist.
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Concern Antiguan

Whats Wrong With Accountability?

#23 Anu » 2012-08-01 18:05

After reading the blogs created from the above article, i'm at a lost why Molwyn Joseph is being the target of such bashing? Are you telling me that this govt must not be held accountable for breaking the law? This govt have gotten away with too much already and the one man who have been keeping this govt on their toes by exposing their wicked actions is now the target of verbal assault by citizen of which interests he represents. This is incredible! Mr Molwyn Joseph, as an Antiguan tax paying citizen i just want to thank you for doing the good works you are doing on behalf of we the Antiguans who actually care about our country. My only wish was that your other colleagues had the intestinal fortitude you posess to stand up to UPP. You have definitely earned my respect. Forget the detractors, the bigger picture is saving Antigua from those bunch of vagabonds.
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Your Next Step

#22 St. Philips North » 2012-08-01 17:20

Hon: Joe, you should take this to court and let the justice,s take a shot at who is right.
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St. Philips North

RE: Antigua Parliament in Breach of Law

#21 UNITED STATES » 2012-08-01 16:04

Molwyn ,I am glad that you found it in your good heart to point out that laws were broken.I have a question to ask of you.When the ALP were in power as government,did you guys brought all loan matters to Parliament?Did the public at large knew of your dealings before they took place.What is happening in Antigua is nothing new as far as Government making deals are concerned.It happens right here in America.The difference is we hear about it and we move on.You the politicians,pol iticize everything and twist them to your benefit.I notice that you are always quoting paragraphs and sections.Those are there for all Antiguans to see and has nothing to do with your smartness. I will be bring down some tissues to dry your weeping eyes.
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UNITED STATES

RE: Antigua Parliament in Breach of Law

#20 fnpsr » 2012-08-01 13:53

Some will criticize MJ for bringing this matter to the public's attention, but this is exactly his job. I congratulate him! Those politicians who approved this measure and those who know it is wrong but remain silent and the public are large after hearing of the breach and condone it are no better than those who broke the law.

So what's next? An investigation? A COI ? Or as anonymous suggests off to court?

"Let's fix the little things with RWE before we attempt to fix the big things."
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fnpsr

RE: Antigua Parliament in Breach of Law

#19 Ian Best » 2012-08-01 13:20

This is all about Molwyn challenging for the leadership. Mark my word, Molwyn with all of xxxxx xxxxy will dream, wish, imagine, xxxxxxe, but he could never, never, never lead the Antigua Labour Party much less the country. Those of you who say Alister not qualified to lead the FOI Commission, Molwyn with no university qualifications cannot lead the country.
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Ian Best

@ Lester B

#18 Die Hard Supporter » 2012-08-01 13:01

I find it very un-becomming of a leader, if that is you, to have taken your comments to the airwaves like this. But this will show who you really are as we have not forgotten how you let us down with the no confidence vote. Your excuse did not hold water and we are watching. At least comrade Molwyn takes a stands and calls a spade a spade. We have some real leadership issues in the party these days. The top is slach and the middle and bottom are dropping off. What a disaster. God help us all.
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Die Hard Supporter

RE: Antigua Parliament in Breach of Law

#17 Fred » 2012-08-01 12:50

Jumbee Picky you are so right. " Lord Molwyn Joseph decides, that his oposing vote in the Parliament did not give him enought airplay and stage time, so he pens a letter to the media". This boy is just seeking attention. Tenman I do not hate Molwyn, I just find him overbearingly bitter and show self, always grandstanding.
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Fred

RE: Antigua Parliament in Breach of Law

#16 Anonymous » 2012-08-01 12:37

Why Molwyn had to continue this thing in the media ? If he feels so strongly that the Government has broken the law then he should take the matter to court. Why all the bashing ? Peace, you are just adding unnecessary fuel to the fire. Maybe you are the dishonest one with your Chairman fetish.
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Anonymous

C O N F U S I O N

#15 PEACE » 2012-08-01 11:43

I can remember asking the three (3) ALP MP"S on their TALK SHOW "INSIGHT" if the seven (7) ALP MP"S met and go over the order paper (is that the correct term) before discussion in PARLIAMENT and i was told YES.
If the Freedom of Information Act was BROKEN,how come one ALP MP ,has stated A.Thomas is not QUALIFIED to be I C and a nother two (2) is saying A.Thomas is QUALIFIED to be Information Commissioner (IC). C O N F U S I O N
C O N F U S I O N C O N F U S I O N.
I doubt the two (2) ALP MP"S who did not even mention the laws of the FREEDOM of INFORMATION ACT,would have contributed to the NO CONFIDENCE MOTION.
It is time the CHAIRMAN of the ALP be DIRECT AND HONEST IN MANNER AND SPEECH,with the MEMBERS of the ALP.
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PEACE

Fred

#14 tenman » 2012-08-01 11:33

Fred,your dislike for MP Joseph is clear but I must correct you. The representation of the peoples act which set up the EC can be found here: www.antiguaelections.com/information/pdf/RepresentationOfThePeopleAct2001.pdf, and there is no place in it which speaks of persons being disqualified if they were a political activist within the past ten years. I know amendments have subsequently been made, but I know of none which made Hurst ineligible at the time (2009) he was appointed. Are you suggesting that due to a amendment to the selection criteria, after he was appointed, Hurst should have resigned? How could it be a requirement for the EC that its no political advocacy ten years prior (according to you) but for the IC its as long as its not current?

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tenman

brer Anansi II

#13 Jumbee Picknee » 2012-08-01 11:20

One Aim, One Truth, One Destiny...A few days after the confirmation of Brer Anansi Alister in the Court of King Baldwin Spencer, lord Molwyn Joseph decides, that his oposing vote in the Parliament did not give him enought airplay and stage time, so he pens a letter, to the media saying what he has been saying since the announcement of Anansi Alister as the guardian of $€X, LIES & VIDEOS/AUDIOS.
Lord Joseph, O think that you should put some of those xxxx you xxxe & xxxd when your Red Flag was flying as the ruling color of the Nation under King Lester Bird. Pay a legal team, bring charges against King Baldwin and his UPP Court on behalf of the Citizens of our Nation. If you should prevail, this would shoot you like a cannon ball to the leadership position of The ALP and the Nation. I DARE YOU, BECAUSE YOU ARE AWARE OF THE PROBABILLITY OF THE OUTCOME, because you have BEEN THERE, DONE THAT, i.e. playing xxxxy, the sane and productive vices of politics. I DARE YOU TAKE THEM TO COURT, otherwise, your hot steam could make us some money powering the ghostship of the Titanic.
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Jumbee Picknee

RE: Antigua Parliament in Breach of Law

#12 DadliMan » 2012-08-01 10:16

Just like they did with the Representation of the People Act, maybe the UPP can simply repeal the existing law and replace it with something that will allow them to do exactly what they want to do. We call that Democracy Antigua and Barbuda style.
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DadliMan

RE: Antigua Parliament in Breach of Law

#11 DadliMan » 2012-08-01 10:11

I agree with Molwyn 100%. Whether or not we agree with the limitation of a political activist being barred from holding the position of Information Commissioner, it is a part of the law that this very administration brought before Parliament. I guess they made the law so they reserve the right to break it.

In a caribarena.com article, “Parliament Confirms Alister Thomas Appointment”, dated 30th July, 2012, the following was attributed to MP Asot Michael:

Quote:
In clear disagreement with his colleague in opposition, Michael said he welcomed the appointment of Alister Thomas. The MP expressed hope that Thomas would indeed be effective in the post if the House were to go forward with the appointment, despite what Michael viewed as his clear ineligibility.
To me, that snippet says it all. Despite the fact that Asot Michael recognises Alister’s ineligibility, he has no problem breaching the law. That says a lot about Asot and Gaston, both of whom seem intent on going along to get along. Gaston has been on his high horse about changing the face of the ALP. However, breaking the law is apparently not high on his list.
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DadliMan

We want Molwyn to lead us --- ALP member

#10 Francella James » 2012-08-01 10:02

This is the leader the ALP wants to succeed Lester. After Lester goes Molwyn is the leader we want for our ALP.
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Francella James

RE: Antigua Parliament in Breach of Law

#9 Fred » 2012-08-01 09:57

When the the xxxxs was xxxxd over the xxxxe, "they" didn't know about respecting the laws and fighting for Antiguans. This guy is just seeking attention. Some say he is seeking leadership but he is too weak to challenge for the leadership of the ALP. This is the same man that was fighting to MAX Hurst to stay on the Electoral Commission even though the law clearly states one should not have been an activist for the past 10 years. The FOI Act speaks to the currency of the actitvism not past activism. If the PM and others state that Alister advised them that he is no longer a member of the NMC who is Molwyn to challenge that. Please Molwyn! we can all see through you.
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Fred

recklessness in the wild wild west

#8 tenman » 2012-08-01 08:23

It always amazes me that we make rules for safeguards, breech them and then wonder and cry when things go bad. Good examples of this was the fencing scandal, and WPP where the rules were not followed. Where the IC is concerned, Molwyn is correct, the law is the law. Though I do not agree with the political activist limitations, its enshrined in the law. I am against the idea that a political activist cannot be IC, but its law. A major law breach as JF reminded is that Mr. Thomas is a public official. I heard nothing clearing him from being an officer of NMC. Missing though, is at the heart/crux of all of this, is we need someone who will be impartial. Independence lies at the center of this all, and unfortunately Thomas lacks the qualification. When the smoke has cleared, Mr. Thomas has already showed the pubic where his loyalty lies

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tenman

Molwyn of All People?

#7 In the Know » 2012-08-01 08:08

Molwyn should be the last to speak about breaking laws. We still remember the issue of the xxxs xxxxe vehicle being xxxx from xxxxx over a Carnival weekend. We still remember the amount the Govt. paid for a property at Marble Hill that was leased by them for peanuts, little or no work was done on the property, yet Government bought out the lease for a substantial sum of money. We remember the lands at Jennings; we remember the building that was on Old Parham Road that was supposed to be a gift to the people that ended up in private ownership. Need I say more?
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In the Know

@ Maulwyn

#6 Lester B » 2012-08-01 07:53

So now is ok for you to go against the rest of your colleagues? It is now "brave" and "fearless" of you to stand alone?

If you so brave and can stand alone, why not openly challenge for the Leadership of the ALP? You have people making you out to be what you're not!
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Lester B

RE: Antigua Parliament in Breach of Law

#5 R. Berry » 2012-08-01 07:00

Good article Mr. Joseph..but what's new here, Antiguan Politician has always been known as the most corrupt and criminal in all of the Caribbean.

Antiguan politicians spend more time in court than judges, yet it's so strange that none of them don't ever get lock up.
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R. Berry

RE: Antigua Parliament in Breach of Law

#4 Cool Ruler » 2012-08-01 06:48

So now he has a problem with his own colegues not joining him in making every issue a partisan issue that he has to pen this piece of garbage. The other day he was asked about his leadership ambitions and he had no comment but it's clear to see that he is positioning himself to be leader of the rabid wing of his party who believe its my way or the high way.
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Cool Ruler

The Masquerading Political Activist, Chairman & Commissioner!

#3 John French II » 2012-08-01 06:23

Notes From A Native Son Of The Rock. Mr. Alister Thomas - Chairman of The Education Appeal Tribunal received his instrument of appointment on Wednesday, November 30, 2011 in accordance with the Education Act 208 Section 163 after a meeting with Minister of Education, Sports, Youth and Gender Affairs.

A Person shall not be qualified to hold office as Commissioner if that person holds or is acting in a public office; or is a political activist.

Thomas confirmed that he had ceased political activism for over a year.

Leader of the Nation of Islam Hon. LOUIS FARRAKHAN MUHAMMAD addressed a huge gathering at the Multi-Purpose Cultural Center on Wednesd ay, March 28, 2012, that included public officials and members of the wider community.
Mr. Thomas delivered the Welcome Address. Mr. Thomas is not an Iman.

Only In Antigua & Barbuda.
The Gang Of Four were True to Form. The "Bewildered & Bemused Electorate" will not be fooled.
Heaven Help The Nation Of Antigua & Barbuda including Redonda.
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John French II

LAST MAN STANDING

#2 OO7 » 2012-08-01 05:39

HON MP MOLWYN JOSEPH HAVE ONCE AGAIN DEMONSTRATED THAT HE IS NOT AFRAID TO STAND ALONE. I TOO HAVE TRIED WITHOUT ANY SUCCESS TO SEPARATE THE NAME AND THE PERSON ALISTER THOMAS FROM THE TITLE POLITICAL ACTIVIST. I JUST CANNOT. AFTER ALL IT IS NOT LIKE BLEACHING WHERE A BLACK MAN IS ABLE WITH THE HELP OF BLEACHING CREAM TO REMOVE THE MELANIN FROM THE SKIN. OR IS IT?
THE MEASURE OF A MAN IS TRULY DEFINE WHEN HE STAND ALONE. IT IS ONLY THEN YOU CAN KNOW HIS TRUE CONVICTION. MOLWYN JOSEPH IS SUCH A MAN...FEARLESS AND UNRELENTING IN HIS PURSUED OF WHAT IS RIGHT.
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OO7

The Information Commissioner & The Sargasso Weed

#1 Birdland Town Crier » 2012-08-01 04:30

OYEZ! OYEZ! UPP & ALP Quartet agree!
Together with the ACLM Comrades, They visited the Devil Man at The Bridge! They made a Pact! They appointed the Masquerader as the Information Commissioner (IC)!
The Oracle at Jennings bawled: they have again "kik een de bak doh" and breached the Freedom Of Information Act 2004! He Shouts let he who hath ears to hear listen! Just Like the Sargasso Seaweed It is not a positive thing being around here, it is all negative!
The fishermen say that the benefits are few and far between!
The Red Quartet who have felt and are weary of the lash from the courts say not so!
The IC says SIDS are independent, but the people are not independent!
The people are still oppressed and living without the rights that had been hard fought for! Show me the Money! Give me Several Positions & I shall save You! Did I not have the Hon Minister give you his blessings at the Perry Bay Mosque!
The Red Quartet agreed that although the seaweed can be “noxious”,It also provides an amazing habitat for fish that we like to catch and eat!
So Let it be said, written and done said the Chair & St. Peter!
OYEZ! OYEZ!
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Birdland Town Crier

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