MP’S BLESSING

MARSHALL BELIEVES CONSTITUENTS HAVE THE RIGHT TO SPEAK OUT AGAINST ANY PERCEIVED INFRINGEMENT ON RIGHTS

By Emmanuel Joseph

Member of Parliament for St Joseph Dale Marshall is backing his constituents’ choice to agitate in a property access matter which they believe impacts them.
However, while MP Marshall is supporting his constituents’ right to speak up about the matter, he is seeking to make it clear that as Attorney General, it would not be prudent for him to declare the rights or wrongs in the matter.
“I am not coming down on one side or another in relation to the event, but I want to say that I am proud of the people of Bathsheba for standing up and raising an issue that in their mind affects them,” the Attorney General told reporters on the sidelines of the Annual Police Grand Conference at District ‘A’ on Station Hill, St Michael on Wednesday.
Concerned residents are appealing to the developer of the old Edgewater Hotel property to remove the columns under construction which they say will block their access to the riverbanks at Joe’s River.
The residents have given the developer Ullswater Limited, a deadline of March 19 to reverse the decision to build the structures or they promise to turn up the pressure as they seek a return to full access to the area.
“Good judgment dictates that I not comment on the rightness or wrongness of the matter because at some point in time, as Attorney General, I may have to represent the interests of the State in any planning permission that was granted, or I may have to advise the Government in relation to any planning permission that is granted,” the AG pointed out.
He said he had been following the developments “very carefully”.
“As a lawyer who specialises in real estate matters, I have a keen interest in these kinds of developments. But I also must say that as Attorney General I have had to be very cautious of how I proceed. People will have noticed that I was not present at any of the things that I would ordinarily be present to participate in community activism which I have to say, I am very proud of,” Marshall asserted.
“I support my constituents 100 per cent, and I think that we need to let our voices be heard on matters such as this. But as Attorney General, I have to be very careful because many matters which involve developers, will require input from the Office of Planning and Development. And in fact, in many instances, the Government is joined as a party to any lawsuit,” Marshall explained.
A representative of the company which is transforming the old hotel property into a beach house and villa has indicated they will engage with the residents.
On Tuesday morning, people from communities across the parish, gathered at the Joe’s River Bridge and insisted that the development taking place at the site must not be allowed to prevent access to the gully or the popular ‘Tea Cup and Saucer’ area.
Cultural Ambassador The Most Honourable Anthony Gabby Carter supported the protesting resident and made it clear that no developer would be allowed to block access to Joe’s River.
Spokesperson for the residents, Victor Lewis, who in a viral video posted last week, expressed concern about the columns being built on either side of the bridge insisted: “We need 24/7 free access to the gully and to Tea Cup and Saucer.”
Meanwhile, in a separate issue regarding the erection of a gate by the owner of a property at Cattlewash that is also blocking access to the beach, Marshall explained that there is no written law that gives anyone in Barbados the right to access a beach.
The Attorney General pointed out that the access to beaches enjoyed by residents for years, is based on common law practice.
“In relation to the law, we don’t have a statute that stipulates what we call the rights of the Barbadian public to use a beach. That is a common law thing. So you must separate access to the beach which has to do with how you get, let’s say from the road to the beach, and you may have to cross over somebody’s land, from the use of the beach,” he stated.
“So when the song Jack came out, the right that was being agitated for was not to have any private beaches. So in Barbados, no beaches are private. But as a reality, you have to get from place A to B to be able to access the beach. That lies really in the landlord. There is no specific right which will grant a right-of-way to go to the beach any more than there is a right-of-way to go to the bus stand, or to go to any other public place,” Marshall declared.
“But under our law as it stands, beaches are public,” he added.
emmanueljoseph@barbadostoday.bb