Privy Council hears appeal brought by Barbudans; Mussington says decision will determine islanders’ future way of life

Barbudan activist John Mussington is hoping for a positive outcome
now that the Privy Council has heard the case pertaining to the
construction of an international airport on Barbuda.
 
Mussington and fellow Barbudan Jacklyn Frank took their fight to
the London-based appellate court, after the Eastern Caribbean
Supreme Court of Appeal (ECSC) dismissed their challenge to the
development, ruling that they lacked standing to bring such a claim.
 
The matter was heard today, November 8, 2023.
The country’s highest court was asked to consider whether the ECSC
erred in holding that the decision of the Supreme Court in Walton v
Scottish Ministers [2012] UKSC 44, [2013] 1 CMLR 28 was not
relevant to this case.
 
That ruling made it clear that persons with a genuine interest in the
aspect of the environment they are trying to protect – and sufficient
knowledge of the subject to qualify them to act in the public interest
– may be accorded standing in an environmental case, even though
the challenged decision does not directly affect their own rights or
interests.
 
Mussington says, again, that this ruling will impact the manner in
which the sister-islanders live and what makes them who they are.
 
He believes the manner in which the Browne Administration is
seeking to develop the island is aimed at erasing Barbudans – taking
away their culture and everything that makes them a unique people.
 

However, Mussington declares, the people will not be deterred;
because Barbuda will always be there and the people will continue
the fight to protect their homeland.

The activist says the outcome of Wednesday’s case will also have far-
reaching implications for other jurisdictions, no matter which way
the Privy Council rules.

In the meantime, the Privy Council will be considering whether the
Development Control Authority’s failure to disclose the relevant
Environmental Impact Assessment report was relevant to the issue
of standing.

It will consider, as well, whether the statutory framework, which
contemplates public participation in the planning process, weighed
in favour of according standing to both appellants.
 
Finally, the Council also has to consider whether the Court of Appeal
wrongly exercised its discretion when it decided the issue of
standing at an interlocutory stage, rather than leaving it to be dealt
with at the final hearing.
 
Mussington and Frank are being represented, pro bono, by a team of
top-notch attorneys. Their fight has also received widespread
support, including from the Global Legal Action Network (GLAN).