Opposition Senators Reject Compulsory Acquisition Resolution, Cite Lack of Transparency and Failure to Provide Critical Information

PRESS STATEMENT

Opposition Senators have voted against the Government’s Resolution seeking approval for the compulsory acquisition of private property adjacent to the former Deluxe Cinema site, arguing that Parliament was not provided with sufficient information to responsibly approve the exercise of one of the State’s most intrusive constitutional powers.

Speaking during the Senate debate, Opposition Senator Malaka Parker stressed that the Opposition does not oppose compulsory acquisition where it is genuinely necessary for a legitimate public purpose. However, she said Parliament cannot simply be asked to approve the compulsory acquisition of private property without adequate disclosure and justification.

“Compulsory acquisition is one of the most significant powers the State can exercise. It interferes with a citizen’s constitutional right to property. Parliament cannot be expected to approve such a Resolution on trust alone. Government must provide the facts.”

The Resolution seeks authority to compulsorily acquire approximately 0.05 acres of land to facilitate the construction of a secure access and exit route serving the National Performing Arts Centre.

Senator Parker questioned why Parliament was not provided with critical information necessary to properly scrutinise the proposal.

Among the questions left unanswered were:

•⁠  ⁠Why has Government resorted to compulsory acquisition rather than voluntary purchase?
•⁠  ⁠Were negotiations undertaken with the landowner?
•⁠  ⁠If so, why did those negotiations fail?
•⁠  ⁠Were alternative access routes considered?
•⁠  ⁠Why was this land not identified and acquired during the original planning stages of the project?
•⁠  ⁠What compensation will be paid to the landowner?
•⁠  ⁠What is the total financial cost of the acquisition, including compensation, legal costs and associated works?
•⁠  ⁠What impact will the acquisition have on the remaining property?

“We are being asked to authorise the compulsory acquisition of private property without knowing what it will cost the people of Antigua and Barbuda. That is not good governance. Parliament has both a constitutional and fiduciary duty to ensure that public money is spent responsibly.”

Senator Parker further argued that the Resolution raises broader concerns about Government planning.

“A national performing arts centre requires access roads, emergency access, fire routes and traffic management from the outset. If Government is only now acquiring land to provide essential access, the public is entitled to ask whether this reflects proper planning or whether taxpayers are once again paying for avoidable planning deficiencies.”

The Opposition also expressed concern that the Legislature was not provided with supporting documentation such as:

•⁠  ⁠a traffic impact assessment;
•⁠  ⁠engineering studies;
•⁠  ⁠planning reports;
•⁠  ⁠an explanation of why this particular parcel was selected;
•⁠  ⁠details of compensation methodology; or
•⁠  ⁠the estimated overall cost to the public purse.

Senator Parker stressed that transparency strengthens, rather than delays, public projects.

“Supporting national development does not mean abandoning parliamentary scrutiny. Public projects deserve public confidence, and public confidence is built through transparency, accountability and full disclosure.”

She reaffirmed that the Opposition supports infrastructure development and recognises that compulsory acquisition may sometimes be necessary. However, she said such powers must always be exercised as a measure of last resort and only after Parliament has been given sufficient information to satisfy itself that the acquisition is necessary, proportionate and in the public interest.

“The issue before Parliament was never whether the Performing Arts Centre is important. The issue is whether Parliament was given enough information to responsibly authorise the compulsory acquisition of a citizen’s property. In our view, it was not.”