ST JOHN’S, Antigua — A diplomatic passport issued by Antigua and Barbuda to one of its “special economic envoys”, Anthony Bailey, inaccurately states that he is a national of that country, raising yet more questions over the issue of such passports by Caribbean countries.
In providing a copy of Bailey’s diplomatic passport and asserting that this was proof of his citizenship, his London lawyers, Carter-Ruck, appeared to treat the concepts of nationality and citizenship as one and the same, which they are not, and in any case Bailey is neither a national nor a citizen of Antigua and Barbuda.
Under Antigua and Barbuda law, nationality is acquired only by birth, by descent or by naturalisation, the last of which requires seven years continuous residence, public advertisement and no public objections. Bailey is not a national of Antigua and Barbuda on any of these qualifying bases.
Citizenship, however, may be granted by a country regardless of nationality and, in the case of Antigua and Barbuda is frequently granted under its citizenship by investment programme, which requires a specified minimum investment in a qualifying property or business, or a donation to the country’s National Development Fund.
Bailey’s lawyers claimed that the governor general of Antigua and Barbuda, Sir Rodney Williams, in September 2015, congratulated their client in writing on the notification that his citizenship application had been completed.
Why the governor general would have done this is unclear since there was no legal basis for Bailey to apply for citizenship and, in fact, he did not do so, as Carter-Ruck admits by saying: “Our client did not formally apply for citizenship of Antigua and Barbuda, but it was granted to him on the basis of his diplomatic economic role.”
According to government records in Antigua, Bailey has never been granted citizenship, whether by investment or otherwise. A senior government source in St John’s told Caribbean News Now that Bailey did in fact suggest to the government of Antigua and Barbuda that he should be entitled to citizenship by investment on the purported grounds that money donated to local Catholic churches by The Sacred Military Constantinian Order of Saint George was really his. This suggestion was rejected by the government.
We have asked Carter-Ruck to provide a copy of the “writing” from the governor general of Antigua and Barbuda said to prove Bailey’s citizenship, which in any event under Antigua law is not within the power of the governor general to grant.
Meanwhile, the fact that Bailey’s passport is demonstrably false, in that it inaccurately states he is a national of Antigua and Barbuda, may raise some major national security issues for other countries.
His nationality should have been shown on his Antiguan passport as British but, according to the government of Antigua and Barbuda, the reason for this error is a failure on its part to provide the firm in Britain (De La Rue) that prints the machine readable passports with the relevant information, in the absence of which De La Rue apparently assumes that anyone issued an Antigua and Barbuda passport is in fact a national of that country.
We understand that the government of Antigua is currently undertaking an audit in this regard of all passports issued, especially those issued under its citizenship by investment program, since this may not be the only occasion such a mistake has been made and the real nationality of the bearer is therefore disguised in this manner.
Given that Antigua and Barbuda is part of the Schengen visa waiver agreement, and its nationals and/or citizens also enjoy visa-free entry to Canada and the United Kingdom, we have asked the relevant immigration and border security agencies if they are aware of this situation and, if so, is there any level of concern from a national security perspective.
The only such agency to respond thus far is Immigration Canada, who noted that visa-exempt countries have a responsibility to satisfy certain conditions in order to continue to benefit from a visa exemption.
“Canada monitors migration trends on an ongoing basis to determine if changes in visa policy are warranted,” said spokesperson Lindsay Wemp.
The issue of diplomatic passports by Caribbean countries was referred to in a February 3, 2006, cable sent by Mary Kramer (then US ambassador to Barbados and the Eastern Caribbean), in which she suggested that influence may be purchased to further legitimate business concerns but, in the case of “the bearers of passports to which they are not entitled”, such influence could be used for more nefarious purposes.
Bailey was also given a knighthood by the Antigua and Barbuda government in late 2014; an honour that Prime Minister Gaston Browne said was agreed by the former administration, apparently on the strength of the promised donations by the Constantinian Order.
However, according to Britain’s Mail on Sunday newspaper, charitable projects in Antigua announced by Bailey and Baroness Patricia Scotland, now secretary-general of the Commonwealth, 18 months ago on behalf of the Order are still awaiting nearly half of the promised US$1.6 million. Scotland was a high ranking officer of the Constantinian Order and she promoted their doubtful charitable works while soliciting votes from Caribbean governments for the Commonwealth post.
Archbishop Kenneth Richards, who is overseeing the projects, revealed last week that work on two of them was halted last year because the promised money has not been forthcoming.
The third project – a new wing for St Joseph’s Academy in the capital St John’s – had to be completed by the start of the school year, so the Church was forced to meet the final cost by borrowing US$175,000 from the bank.
Despite this, Bailey later took credit for the completion of the school wing, claiming it had been ‘financed’ by the Order. It is understood that the Order claims it is still paying for this and other projects.
Last week, Britain’s Charity Commission reportedly contacted the Order – which is not a registered charity – for potentially “misleading and confusing” the public and to “seek clarification about its status”. British charities that the Order claims as “partners” said they received few or no recent donations. The Order says it is a society, not a charity, and that allocations will be made shortly. It also says many donations are made directly by members.
Meanwhile, the Order’s Grand Treasurer in Italy has quit after questioning its financial situation and commitment to helping the needy.
Last week, Buckingham Palace, in conjunction with the Central Chancery of the Orders of Knighthood, the College of Arms and the Foreign and Commonwealth Office, demolished Bailey’s repeated assertion that he is entitled to call himself “Sir” in the UK on the strength of his Antigua knighthood.
In an unprecedented statement published in The Gazette, the Palace stated that, in line with the long-established convention concerning foreign titles, British nationals who have been awarded an honour by another country may not use in the United Kingdom any associated title that the award might bestow.
Only those British nationals, including dual nationals, awarded a British knighthood or appointed to a British Order of Chivalry as a dame, may use the title ‘Sir’ or ‘Dame’ in the United Kingdom.
In reconfirming that Bailey is not a citizen of Antigua and Barbuda, Prime Minister Browne told Caribbean News Now last week that “both his knighthood and his appointment as an economic envoy are being reviewed”.
According to The Mail on Sunday, after the Palace clarified the rules on foreign honours, Bailey also faces the prospect of having his current British passport revoked and a new one issued, removing the title “Sir”, unless he can produce evidence of a British title.