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Govt Using Legal Gymnastics

Govt Using Legal GymnasticsAntigua St. John's - Acting Minority Leader in the Senate Arthur Nibbs is accusing the United Progressive Party government of using “legal gymnastics” to return the Citizenship by Investment Programme to the Upper House, one month after it was rejected by a majority of the senators.

Senator Nibbs’ comments came after it was clarified that the meeting of the Senate after a motion adopted on Monday by the House of Representative on the CIP will appear before the Senate, will now take place next week.

The opposition senator is taking strong objection to the return of the CIP bill to the Upper House without any changes by the House of Representatives, and also in a manner that in his view is a clear violation of the rules of parliament.

“This is nothing less than legal gymnastics, the manner in which the government is returning the CIP to Parliament,” he said. “The attorney general stated that he was not returning the bill, but a motion. My question is; what is the motion about? The CIP Bill.”



He explained that the passage of the motion (in the House of Representatives) and its transmission to the Upper House for the senators ‘to reconsider their position on the bill’ is tantamount to returning the bill to the Senate a second time after it has been rejected by the Senate. “This clearly violates the Standing Order of the Parliament,” Nibbs said.

“Rather than make changes to the CIP bill to make it more palatable to the senators, the government is making changes to the composition of the senate,” Nibbs observed.

He also had strong words for those named to replace the two errant senators – Colin Derrick and Anthony Stuart – who were fired by the prime minister for voting against the bill.

“In my considered opinion, whoever is named to fill the vacancies created by the departure of Stuart and Derrick will be called upon to compromise their own integrity, as they are expected to vote in a particular way irrespective of what their own consciences may say. Failure to ‘do as you are told’ could earn them the same fate as the senators they replace,” he contended.

The meeting of the Senate that was first announced to take place on Thursday will now likely take place on Tuesday.

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10 Comments In This Article   

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RE: Govt Using Legal Gymnastics

#10 croxley » 2013-03-15 15:29

famous quote,who said these words" ANTIGUA PASSPORT IS NOT FOR SALE" END OF QUOTE.WELL MY BROTHERS AND SISTER I KNOW I SAID THAT BUT WE ARE NOT SELLING ANTIGUA PASSPORT, WE ARE SELLING ANTIGUA'S PASTPORT.CLEARL Y THERE IS A DIFFERENCE BROTHERS AND SISTERS
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croxley

Facts

#9 RD Campos » 2013-03-15 04:35

This country is a complete mess.
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RD Campos

@ Professor & Beanie Man - Risk Management!

#8 John French II » 2013-03-14 18:43

Notes From A Native Son Of the Rock! Because neither Party have anyone skilled in Risk Management, everyone jumps at the flavour of the day rather than engaging in the hard work of Nation Building.

Professor, That it would take the experience and wisdom of Dame Bridgette Harris to see through and predict the path of least resistance which GoAB would follow to pass the Bill speaks volumes of the Young Minds in the New ALP as the UPP have them chasing their tails. This commenter has noted the wiles and strategems of Shaka, Chaku, Juno A-BEC, Commisioner 81st, Mamba & Lady MacBeth. As old people say, who no hear will feel.
Beanie Man, you are doing exactly what is needed. Using your cognitive skills and education to research and understand not only the Caribbean Political, Economic, Social and Technological (PEST) Environment, but how the World is viewing and will be reacting to moves that did not consider or give full thought to Risk Management and the shocks which fragile econmise such as A&B's can withstand.
This commenter will remind that to be forewarned is to be forearmed.
Go Well! Much Respect!
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John French II

Residence by Investment won't work either

#7 Taff » 2013-03-14 16:42

I can see why some commentators are attracted by the idea of Residence by Investment rather than Citizenship by Investment. unfortunately, R.I.P. (Oh dear, what an acronym...) is no more likely to work for Antigua than C.I.P. The reason is that RIP is catching on in destinations which may nbe much more attractive to Middle Eastern and Chinese investors. For example, Spain is reported to be about to introduce an R.I.P which currently requires investment of only €160,000 in property , which is about US$200,000. Anyone who takes that up will presumably have free access to the whole of the EU, for less than the cost of an Antiguan passport as currently planned. This C.I.P scheme looks set to risk causing Antiguans a whole heap of trouble for a very small hill of beans, and R.I.P. seems unlikely to be much more successful in raising money. So why not forget this apparent 'easy money' approach and try to do it right by attracting 'proper' investors?
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Taff

Just what we need - more bad publicity for Antigua

#6 Beanie Man » 2013-03-14 14:21

Yes, Port Man - the international coverage of this by anyone other than passport salesmen is negative, and that's even before GOAB's current attempts to persuade us black is white. I'm sorry to point out this truth, but Antigua is known to diplomats and international investors for three things: 1) corruption in business and politics 2) sandy beaches, 3) yacht racing - in that order. Read these:

www.trust.org/trustlaw/news/countries-with-a-cash-flow-problem-market-citizenship/

http://www.jamaicaobserver.com/columns/Risky--citizenship--sale-and-end-of-Bird-political-era-in-Antigua_13125627

www.mondaq.com/x/207422/wealth+management/The+Inconvenient+Truth

Of course, you won't read this bad news on www.antiguacitizenship.com, which appears to be an official mouthpiece on CIP. Strange that the 'How it works' page says 'Under Construction' :D
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Beanie Man

@ Miego Man

#5 Professor » 2013-03-14 12:10

I understand completely that the UPP is pushing the CIP through the BACK DOOR (using a MOTION to accomplish what the BILL failed to do). I want you to understand that the system was designed for the AYES TO HAVE IT. ANTIGUA is a CONSTITUTIONAL MONARCHY. I just hope that the people of Antigua and Barbuda come to understand what that really means. The system was designed for the government to function completely unimpeided by opposition forces. And all of the government ministers and political appointees are expected to do the bidding of the KING's (PM) without question.
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Professor

RE: Govt Using Legal Gymnastics

#4 Port Man » 2013-03-14 10:48

"The government of Antigua and Barbuda uses eminent domain to acquire private property, and the law in Antigua and Barbuda requires the government to compensate owners. However, in practice, the government of Antigua and Barbuda has not done this, and in one high profile case involving an U.S. Citizen, the government of Antigua and Barbuda has yet to provide compensation for a private property expropriated under its eminent domain laws. This case has been under litigation for a number of years and is yet to be resolved, despite a favorable court ruling for the property owner. The U.S. Embassy in Bridgetown therefore recommends caution when investing in real estate in Antigua and Barbuda."
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1118.html

Who going invest or buy passport after this indictment?
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Port Man

@ Professor

#3 Miego Man » 2013-03-14 10:32

The fault in this is the fact that a motion should not be a Bill! A Bill by any other name is still a Bill!

If that were allowed, then any contrversal Bill could be entered into the Lower House as a "motion"!

I fail to see how these guys can abuse the system which they are sworn to uphold! We the people should have the balls enough to stand up against this type of behavior! This couldn't happen in my Middle East!
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Miego Man

If it's good kill it

#2 JP Farnsworth » 2013-03-14 10:05

Why do we go on so about a program that we know is good. The CIP would bring people with money. What the blazes are we protecting? Our birth rights to a country that people were dragged to against their will? :eek:
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JP Farnsworth

GASTON'S ECHO ... SAY AFTER ME

#1 Professor » 2013-03-14 07:18

Arthur Nibbs repeats the UNSUBSTANTIATED ALLEGATIONS of Gaston Brown and that makes the news ...

Will some legal beagle please explain to me what is illegal about MOVING and PASSAGE of a MOTION in the Lower House and sending it to the Senate for the same treatment? MOTIONS have recently become illegal in the Houses of Parliament? Or is it that you cannot PASS a MOTION regarding a BILL that has been rejected by the Senate?

It is the job of clever lawyers to perform Legal Gymnastics and find end runs arround any law. Saying that it is wrong for UPP lawyers to do what lawyers do to find ways to benefit their client is ludicrous.

The Disgraced Senators closed the front door to CIP, but left the back door open and we all know that them UPP guys love the BACK DOOR.
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Professor

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