Mister Speaker, it’s always an honor to rise in this honorable house not just on behalf of the good people of St peters, but as the only true ELECTED independent member in this house representing all of the people in our beloved country.
Because Mr. Speaker, their faith in me is to be their voice and it is something I endeavor to do to the best of my ability and to live up to it each and every day
Mr. Speaker I proudly rise to support the anti-gang bill (2024). But before I get into the reasons why I support this bill so passionately; it is incumbent upon me to call a spade a spade and notwithstanding any political differences to give credit where credit is due
Therefore, I want to highly commend the Government of Antigua and Barbuda and in particular the hon Prime Minister and member for St Johns City West, and the Hon Attorney General and Minister of Public Safety the member for St Johns City South for having the courage to bring this bill to be passed by this parliament today.
Crime knows no political color, creed, class, race or gender
I am fully aware Mr. Speaker that many in our society have severely criticized the Prime Minister’s meeting with two of the primary youth gangs in our country. Well, Mr. Prime Minister I want to say to you that I support your efforts wholeheartedly. I applaud the Prime Minister’s fearless approach to cracking down on crime. And knowing you personally for nearly 30 years, I can attest to the fact that your bold initiative has no political motive as some have suggested. It comes from your DNA especially given the environment you grew up in and in particular when you and your dear sister Blondell had to defend and protect your dear late mother against hardened criminals.
Mr. Speaker, this is a seminal moment in the history of this country and I say so Sir, because this landmark legislation challenges us to cover the full range of measures needed to address the worsening problem of gang violence that has affected us for far too long. We need to get it right, this first time. So, while I support the Bill, I am crystal clear at this stage of the process, that it is inadequate and needs to be improved if it is to be an effective tool in the fight against criminal gangs.
For many years, the people of Antigua and Barbuda have been demanding more direct action against gangs. Each time a gang-related act of violence makes the news – and it happens far too often – the frustration, the fear, and the anger of our people are palpable.
Today, I stand before you in the spirit of Parliament’s resolve that we can no longer accept the violence, fear, and loss that traumatize entire neighborhoods. Gangs have preyed upon our youth, robbing them of promising futures, and we cannot afford to lose another generation of young men who should be our leaders and role models.
We must provide alternatives that offer hope and opportunity, guiding them away from paths that lead to crime, incarceration, and death. This government must focus on creating policies that encourage progress and safety, and we must fortify our nation building partnerships to stem the flow of illegal guns and drugs into our country.
Tough reforms are needed—bail policies must be tightened, court systems strengthened, and law enforcement equipped with the tools they need to combat crime. The Anti-Gang Bill we are debating today must make it clear: those involved in gangs, whether as members or supporters, will face severe consequences.
We must also confront an uncomfortable truth. The youth targeted by gangs are often those who have been ignored, overlooked, or left behind by society. When we lose someone to gang life, it is a collective failure—of governments, communities, and families.
It’s not enough for the government alone to take action. Parents must build safe, loving homes, and community leaders need to step in and provide guidance. At ABICE and the Youth Skills Program we have to provide opportunities for development of technical skills at no cost to participants… And we need a National Youth Guard to empower youth involvement at the forefront of national disaster response while providing them with job-ready skills and paid internships.
Our approach must be holistic. Addressing the root causes of crime in the interest of prevention is just as important as prosecuting offenders. Rehabilitation must be a core pillar of the strategy to ensure those willing to change have the chance to pursue a better path.
The Anti-Gang Bill (2024) must be a decisive step toward ending the cycle of violence, ensuring that anyone participating in gang activity, directly or indirectly, will face justice. It is time to reclaim our streets and give our young people the chance to live free from fear, in a nation that values their potential and future.
Together, we will build a safer and stronger Antigua and Barbuda.
Key Features of the Bill:
Let us ensure that this bill empowers law enforcement with new tools to identify, prosecute, and dismantle criminal gangs. It must specifically target gang recruitment, especially of minors, and introduce severe penalties for those who seek to indoctrinate
our youth into a life of violence. Much like legislation in other jurisdictions, including the Bahamas and Jamaica, it recognizes that once these young people are ensnared, escape becomes nearly impossible.
Drawbacks of the proposed Legislation
1. Treatment of Minors:
Clause 17 which deals with Minors presents an issue. Antigua and Barbuda signed off on a number of international treaties dealing with “child”. We have to ensure that we do not legislate in contravention of our treaty obligations and so prevent us from aid and assistance from international organizations. While the sentence for minors can be increased for offenders
under this Bill, to treat them as adults may be going too far.
Because they will end up in jail for a very long time at no benefit to society. Furthermore, what is in place for rehabilitation in the penal systems in Antigua. What is happening at the Boys Training School?
The other problem with clause 17 is that a person (minor or adult) is assumed to be innocent and so if a MINOR is a gang member and is charged with a non- anti-gang offence, he must be treated as an adult! This is bound to create danger and it is discriminatory as there is no similar treatment for adults!! Clearly unconstitutional because the section mentions nothing about adult! Targeted specifically at minors. It also refers to a schedule of offences but nothing in the schedule touches on Offences against the person like violence, wounding, stabbing etc., which is what most minors and school children get caught into.
What I am saying Mr. Speaker is, treating minors as adults is harsh and counterproductive, as it undermines rehabilitation efforts for young offenders. This could lead to long-term negative social effects, where minors are locked into a cycle of criminality due to harsh penalties rather than given a chance to reform.
By contrast, elsewhere in the region the focus on
protecting minors and penalizing those who recruit children into gangs which strikes a more balanced approach between punishment and prevention.
2. Consecutive Sentencing:
Mr. Speaker, Clause 18 is mandating to the judges and magistrates that if two offences are committed by one action, the court MUST sentence them consecutively and not concurrently. This has constitutional problems as it can amount to cruelty and so breach human rights. Mr. Attorney General I don’t think I have ever seen any legislation which seeks to impose upon judges of the high court in particular and also magistrate that they MUST sentence a convict consecutively out of the same set of facts.
For example, a person charged with Possession of Drugs (cannabis) and Possession with Intent to Transfer—even if he pleads guilty to both, it is the practice of all courts and it is legal to impose the rigid penalty on the more serious of the offences and reprimand and discharge on the other since it arise from the same facts and same act of the defendant.
Mr. Speaker the point I am making here is that – While consecutive sentences may increase deterrence, they could also lead to overly punitive outcomes, where individuals serve disproportionately long sentences for multiple minor offences.
Other jurisdictions offer more flexible sentencing, allowing judges to assess cases individually and impose sentences that reflect the nature and severity of the offence.
3. Judicial Discretion on Minimum Sentences:
Legal luminaries will argue that although there is an allowance for judicial discretion in extraordinary circumstances, the emphasis on mandatory minimums could tie judges’ hands, preventing them from imposing sentences that consider the specific facts of each case.
I want to say to the people of this nation that although
we must continue to be confident that judges will use their discretion, common sense, prudence and good judgment to make the right decisions and hand down the right sentencing.
But I have to agree with the Hon Prime Minister and the Hon Attorney General that these Hon Magistrates and Judges live in the same societies as we do and must take into account the scourge of escalating crime in our islands.
They must understand there are consequences for slapping criminals (particularly repeat offenders) on their wrists for hideous and barbaric crimes by giving them minimum sentencing. This only results in hardened criminals been back on the streets in quick time to commit more crimes thereby putting more pressure on law enforcement; frustrating and demoralizing our police men and women; and creating more fear and anxiety in our law-abiding residents and citizens.
Mr. Speaker, we are certainly not trying here to tie the hands of judges. It is not that we have no confidence in our judges, our judiciary or our own jurisdiction. Mr. Speaker, it is not that we have no confidence in the Caribbean having its own final court of appeal. But Mr. Speaker, a spade must be called a spade. And no matter who the individual is or the office he/she holds, while the highest respect and regard must always be given to them, truth must not be afraid to speak to power.
The law in the other countries allows for more discretion in sentencing, which is a fairer and more just approach in ensuring proportionality in sentencing.
4. Potential Overreach:
The broad and detailed powers given to police in Antigua’s proposed legislation raise concerns about civil liberties, particularly around arrests without a warrant and searches based on consent or police suspicion. These measures are vulnerable to abuse, unlike in other countries where police powers are more balanced with protections for individual rights.
5. Non-Bailable Offences:
Making gang-related offences non-bailable prevents accused persons from defending themselves effectively and sets up the likelihood of lengthy pre- trial detentions, which can infringe on the presumption of innocence.
This bill we debate today must of necessity be part of a broader societal response, blending legal action with social reform. In that regard we must consider carefully how the bill compares with similar legislation in other CARICOM countries that:
– grants police significant powers to detain and investigate suspects but retains a stronger focus on evidence requirements and judicial discretion, making it less harsh in some respects.
– places emphasis on preventing youth recruitment and gang prevention programs, which will be more effective in addressing the root causes of gang violence in the long term.
– provides penalties for gang membership but offers more flexibility in sentencing and does not mandate consecutive sentences, which could lead to a more proportionate justice system.
6. Law Enforcement Authority
The first problem with the Anti-gang Bill is the interpretation section dealing with Law Enforcement Authority, where Customs and Immigration are left out of it; but ONDCP and Defence Force is made apart of Law Enforcement Authority. See clause 2 (interpretation) section.
As will be seen from the powers of Law Enforcement authority, ONDCP and Soldiers ABDF have the same powers like the police to arrest persons and to search their homes and to apply to the magistrates for search warrant etc;
However, Clause 14 is likely to result in conflicts
between what should be primarily be the police duties and powers, but the Bill is seeking to share it equally among soldiers and ONDCP? Is it lack of confidence in the police. And there is no reason why the power cannot be crafted so that the police are charged with the responsibility and members of the ONDCP, ABDF duty bound to assist the police. E.g. under the Immigration and Passport Act and under the ONDCP Act and even under the Customs Management Act, the police by legislation have a duty to assist these departments in the execution of their duties.
What is more questionable is that weapons, guns, ammunition, explosives etc may come through the port and customs; immigration may have to deal with unwanted criminals hiding out in Antigua and yet they are not deemed to be Law Enforcement Authority within the meaning of the Anti-gang Bill, but soldiers and ONDCP officers are??
While the provisions of the Bill may seem adequate for deterrence, they fall short on the grounds of Flexibility and Fairness. For example, the strict treatment of minors as adults, harsh sentencing guidelines, and potential for police overreach could lead to injustices or overly punitive measures, especially for younger or peripheral gang members.
The provisions are also inadequate for Youth Protection and Rehabilitation. We must ensure the legislation is better at balancing punishment with rehabilitation, especially for minors, which is important for long-term social impact.
Lessons from the Region:
There is much to learn from our CARICOM neighbors.
In The Bahamas, similar legislation has led to swift legal proceedings and harsher bail conditions for those involved in gang activity. In Jamaica, the government has empowered special police units to combat gang-related violence. We must take these
lessons to heart as we implement our own law and ensure that our legal and law enforcement systems are robust enough to handle the challenges ahead.
To strengthen Antigua and Barbuda’s anti-gang legislation, provisions from the anti-gang laws of The Bahamas, Jamaica, St. Kitts/Nevis, and St. Lucia can be added:
1. Bahamas:
I strongly suggest Mr. Attorney General that you have your legal drafting team look very closely at the Bahamian Anti-Gang legislation that was passed in April 2024… I have it here with me… and with your permission Mr. Speaker, I refer the Hon. Attorney General to certain provisions of the Bahamian law that should be incorporated in the legislation we are debating today:
Part 2 Evidence of Membership in gangs
Part 3 Offenses – Subsections Sections 5 to 24
5. Gang membership
6. Gang-related activity
7. Retaliatory action
8. Counselling a gang
9. Preventing gang leader or gang member from leaving gang
10. Harbouring a gang leader or gang member
11. Concealing a gang leader, gang member or gang-related activity
12. Disposing of or sharing in proceeds of gang- related activity
13. Recruiting a gang member
14. Providing a benefit to a gang, or obtaining a benefit from a gang
15. Professing to be a part of, or participating in a gang for benefit
16. Aiding, abetting, promoting or facilitating gang-related activity
17. Hindering or preventing investigation or prosecution of a gang or gang related activity
18. Possession of bullet proof vest, firearm, or prohibited weapon for gang-related activity.
19. Disclosure of information-tipping off
20. Falsifying, concealing destroying or otherwise disposing of documents relevant to an investigation
21. Obstructing justice
22. Obstructing a public officer 23. False Statement
24. Intimidation
Part 5 Forfeiture of Property
In part 3, I particularly like section 7 which deals with retaliatory action. Subsection 1 provides:
“A person shall not take any retaliatory action against another person or any of that other person’s relatives, friends, associates or property on account of that other person —
(a) refusing to become a gang leader or gang member;
(b) ceasing to be a gang leader or gang member;
(c) giving information to a law enforcement officer in relation to a gang, or gang related activity;
Other useful provisions include:
– Permissible Evidence for Gang Membership: Antigua and Barbuda’s laws would benefit from including the use of gang-related paraphernalia as admissible evidence. The Bahamas’ law allows prosecutors to use gang symbols, signs, codes, and clothing to establish a person’s involvement in gang activities. This would expand the types of evidence that law enforcement can use in court.
– Judicial Powers to Declare a Gang: The Bahamian law grants the Supreme Court authority to officially declare a group as a gang, aiding in streamlined prosecutions. Including a similar provision in Antigua and Barbuda would make it easier to target organized criminal groups legally.
– Specific Penalties for Gang Recruitment: A provision imposing severe penalties for recruiting members into gangs, especially minors, could be valuable. In The Bahamas, recruiting children into gangs can result in a 25-year prison sentence and may face a fine of up to 100 thousand dollars. In the Bahamas if someone is proven to be a gang member who, in commission of gang-related activities ends up taking life, they will be facing a life sentence. This would deter gangs from targeting vulnerable youth in Antigua and Barbuda.
– Tougher Bail Reforms: Strengthening bail conditions, as seen in the Bahamian legislation, which imposes harsher penalties for bail violations, would ensure that those awaiting trial are properly monitored and less likely to reoffend.
– Penalties for Gang Retaliatory Actions: Adding specific provisions to address gang-related retaliatory killings or violence, as in The Bahamas’ law, would make Antigua’s framework more comprehensive by addressing the cycle of revenge killings often associated with gangs.
– Holistic Crime Strategy (Prevention, Rehabilitation): Antigua and Barbuda could adopt The Bahamas’ holistic approach, which includes pillars like prevention (through education and community services) and rehabilitation (vocational training, mental health support, and substance abuse treatment). This would help reintegrate offenders and reduce recidivism, addressing the root causes of crime.
– Clauses 10 & 11: Harbouring or concealing a gang leader/member or their activities can lead to up to 20 years for harbouring and 25 years for concealing.
– Gang Proceeds: Sharing or benefitting from gang- related earnings, or aiding and abetting gang activities, carries sentences of 20 years or more.
– Tipping Off: Alerting a gang member under investigation also incurs a 20-year prison sentence.
– Obstruction of Justice: Obstructing an investigation, falsifying evidence, or intimidating others could lead to severe penalties.
According to Bahamian Prime Minister Phillip Davis, the harsh penalties reflect the severity of the gang crisis:
“These are harsh penalties, but they are there because these are harsh times “I know there are those who, when they see the
mother or grandmother or girlfriend in handcuffs
may feel a sense of sympathy for their situation,
knowing they were not in the gangs themselves. But, it is an unfortunate situation. We are at the point where we cannot allow others to continue to support their loved ones in the commission of crimes without being held accountable.
“The toughness of our approach reflects the seriousness of the gang problem in our communities… You may not have pulled the trigger, but when you support someone who did, you share the same amount of responsibility – and you must be held accountable…
“Too much blood has been shed“ I understand the natural inclination to help our loved ones when they are in trouble. But there is a difference between helping and abetting. We can support the good in them without condoning criminality.
“We can help them to turn their lives around without encouraging them to avoid accountability…
“It is in the best interest of all involved to learn this distinction and to learn it very well”.
2. Jamaica:
– Anti-Gang Strategy with Specialized Police Units: Introduce specialized units for anti-gang operations, enhancing law enforcement focus on organized crime.
– Enhanced Surveillance Powers: Broaden law enforcement’s powers to wiretap and monitor suspected gang activities, crucial for gathering intelligence
3. St. Kitts/Nevis:
– Firearm and Weapon Penalties: Implement stricter penalties for the illegal possession of firearms and use of weapons in gang-related activities, focusing on disrupting access to arms.
– Community-Based Intervention Programs: Strengthen rehabilitation and community outreach programs that work to prevent youth involvement in gang violence
We also need to pay attention to Part 3 of the St Kitts/Nevis law:
DETERRENCE AND PREVENTION OF YOUTH AT- RISK FROM JOINING GANGS
12. Designation of, and assistance to, gang activity areas
13. Criteria for designating a gang activity area
14. Minister to give report to the National Assembly
15. Establishment of prevention programmes
16. Enhancement of resources needed by police etc.
17. Initiation of gang resistance education and training projects
18. Regulations
SCHEDULE: Gang-related Activity offences
4. St. Lucia:
– Gang-Related Financial Penalties: Introduce financial penalties for aiding gangs financially or profiting from gang-related activities. This provision targets the economic resources of gangs.
– Anonymous Witness Testimonies: Allow for witness protection programs and the use of anonymous testimonies in court to encourage reporting and ensure safety for witnesses
Incorporating these provisions for a more robust, holistic approach to crime prevention would enhance Antigua and Barbuda’s ability to tackle criminal gangs more effectively while ensuring rehabilitation and community engagement are key elements.
Conclusion:
For far too long, our communities have been plagued by gangs that spread fear and violence. Every act of gang brutality deepens the frustration and anger of our people. Today, we make it clear in the Honorable House: we will not stand idle as gangs tear apart lives and neighborhoods, recruiting our children and turning lives of promise into lives of peril
We cannot allow another generation of young men, who should be the pillars of our future, to be lost to crime and violence. And we cannot let the young men of Antigua and Barbuda, our potential leaders and heroes, waste their lives as victims and perpetrators to end up in incarceration or death. Parliament is committed to creating a path of hope, opportunity, and security for all. We will no longer tolerate a culture that preys on our youth or holds our nation in fear.
Collectively, we will pursue policies focused on prevention, strong policing, strict prosecution, and rehabilitation to reduce crime both now and in the long term.
I urge the young men of this nation to understand: the cost of crime is not one anyone can share with you. Once that prison sentence is passed or a bullet is fired, no one will bear the consequences for you.
This is not just a fight for law enforcement; this is a
fight for our future. We must stand united government, opposition, community leaders, the Church, families, and law enforcement—to reclaim our streets and protect our children from lives of crime. The Anti-Gang Bill is not a final solution but a critical tool in our ongoing battle to make Antigua and Barbuda safer for all its citizens.
I urge the Hon. Attorney General to make the necessary revisions needed to make this bill fit for the intended purpose even if it means suspending further deliberations until Monday September 16, 2024 to allow for enough time to complete the drafting changes before final consideration at the committee stage. I urge this Parliament to accept the improvement recommendations and to pass the appropriately amended bill with the urgency it demands.
Together, we will send a resounding message that gang violence has no place in our beloved country.
Let us unite in this fight, and together we will shape a safer, stronger Antigua and Barbuda.
I proudly support the Anti-Gang Bill (2024)
Thank you, Mister Speaker, and may God bless our nation.