St Helena : Draft Heads of Agreement
Submitted by Saint Helena Herald (Juanita Brock) 08.05.2003 (Article Archived on 21.05.2003)

The Members of Legislative CouncilPROPOSE the following DRAFT HEADS OF AGREEMENT as the basis for preparation of a new Constitution to replace the St. Helena Constitution 1988.

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The members of the Legislative Council

PROPOSE the following DRAFT HEADS OF AGREEMENT as the basis for the preparation of a new Constitution to replace the St Helena Constitution 1988:

1. Process

2. These processes will include approval of the agreed final draft of the Constitution by resolution of the St Helena Legislative Council.

1. Objectives

In developing a new Constitution, the partners will

1. take account of the strong desire of the people of St Helena to strengthen their links with the United Kingdom under a relationship that will operate well for the foreseeable future while at the same time allowing them to develop their free political institutions according to their particular circumstances;








2. give effect to democratic principles;








3. have full regard to the views of the people of St Helena as expressed through their elected representatives after extensive public consultation, and to other relevant aspects of the St Helena political environment;








4. give priority to the establishment of an effective system of Ministerial government based on Westminster principles;








5. modernise and simplify the concepts on which the Constitution is based, the organization of its provisions and the language in which it is written (which will be gender-neutral), in order to make it as accessible and understandable as possible;








6. ensure that the Constitution is a comprehensive, internally consistent and workable document, with an appropriate balance between what should be dealt with in the Constitution and what can safely be left to laws made under it.

1. The relationship between the United Kingdom and St Helena





The relationship between the United Kingdom and St Helena is one of partnership, as is declared in the White Paper, Partnership for Progress and Prosperity. The Constitution will therefore establish a Government of St Helena that




(a) has a political as well as a legal identity distinct from that of the Government of the United Kingdom; and




(b) is capable of entering into government-to-government relations with the United Kingdom Government.









2. Relationship with Ascension Island and Tristan da Cunha





The partners will encourage the development of a direct, close and cooperative relationship between St Helena and Ascension Island, through the proposed Joint Consultative Forum and in other ways, as well as with Tristan da Cunha where appropriate, in order to ensure that matters vital to the well-being of the inhabitants of St Helena and its Dependencies are fully addressed.






 




The contents of the Constitution







3. General





(1) The Constitution will contain provisions to the effect described in the following paragraphs.




(2) The proposals in those paragraphs incorporate, or, to the extent necessary, supersede, those based on the Recommendations of the Commission of Inquiry into the Constitution that reported on 30 March 1999, and were agreed to informally by the Legislative Council in April 2002, with the reservation that the Council might wish to add to or vary them after receiving independent advice.








Introductory







4. A Preamble





A Preamble (to be drafted in St Helena) will record the history of St Helena and describe the attributes of its people. In particular it will refer to:




(a) the first settlement of the island in 1659 and the grant of the 1673 Charter;




(b) the fact that the inhabitants of St Helena, whatever their diverse backgrounds, have become fused into a single, harmonious community;




(c) the commitment of St Helenians to caring for one another, to respecting family values and to protecting the environment;




(d) the resourcefulness of St Helenians and their respect for government under the law that has made St Helena a safe haven in the South Atlantic over the centuries;




(e) the satisfaction of the people of St Helena that their United Kingdom citizenship has been restored, and their desire to continue and strengthen their relationship with the United Kingdom, consistently with their right of self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development;




(f) their commitment to the promotion and protection of fundamental human rights and freedoms; and




(g) their determination, through their own efforts and the help provided by the United Kingdom Government and other members of the international community, to build a sound future on the island for the St Helenian community.









5. The partnership values

1. the maintenance of public order;








2. compliance with the international obligations of the United Kingdom and of St Helena; and








3. the maintenance of international peace and security and the right of individual or collective self-defence.

1. Duty to give effect to the partnership values





(1) In exercising their responsibilities and powers, it will be the duty of all organs of government in St Helena to give effect to the partnership values.




(2) The question




(a) whether any body or person has done so; or




(b) whether the Governor is justified in




(i) making an Order under # 40; or




(ii) reserving a Bill for the signification of Her Majesty’s pleasure under # 67(3),




in order to ensure consistency with a partnership value, will not be justiciable in any court.






 




The Governor









2. The office of Governor of St Helena





(1) There will be a Governor and Commander-in Chief of St Helena.






(2) The Governor’s oath of office will require its holder to serve Her Majesty in the office of Governor in accordance with the Constitution and other laws of St Helena and with due regard to its customs.









3. Royal Instructions

2. The St Helena Royal Instructions 1966 will be revoked, and the matters dealt with in those Instructions will be included in the Constitution itself, or provided for in a law, in Standing Orders of the Legislative Assembly, in rules of procedure, or a guidance manual, as may be appropriate.

1. Acting Governor





(1) If the office of Governor is vacant or the holder of the office is for any reason unable to perform all or any of the functions of the office, the Constitution will identify the order of succession under which other persons will automatically have the authority to perform any function of the office.






(2) In order to avoid overloading the senior officers of the St Helena Public Service and involving them in a possible conflict of loyalties, the feasibility of appointing a Deputy Governor to serve when the Governor is absent for a substantial period will be examined.






 




 




The executive authority of St Helena









2. Executive authority





The executive authority of St Helena will remain vested in Her Majesty. Subject to the Constitution, it will be exercised on behalf of Her Majesty by the Governor, either directly or through officers subordinate to the Governor.









3. Public Seal





(1) There will be a public seal of St Helena issued by Her Majesty.






(2) The Governor will have the custody of the public seal.






(3) The public seal may be used to seal such public documents signed by the Governor or an officer subordinate to the Governor as should be sealed with the public seal.









4. Power to dispose of land





Subject to the Constitution and any other law, the Governor, or a person authorised by the Governor in writing, will have the power, in Her Majesty’s name and on Her Majesty’s behalf, under the public seal, to make grants and other dispositions of land or other immovable property in St Helena that is vested in Her Majesty for the purposes of the St Helena Government.









5. Power to constitute offices and make appointments etc





Subject to the Constitution and any other law, the Governor will have the power, in Her Majesty’s name and on Her Majesty’s behalf, to




(a) constitute offices for St Helena and make appointments (including acting appointments) to any such office, to be held during Her Majesty’s pleasure; and




(b) dismiss any person so appointed or take any other disciplinary action in relation to that person as the Governor may think fit.









6. Governor’s power of pardon





(1) Subject to the Constitution, the Governor will have the power, in Her Majesty’s name and on Her Majesty’s behalf, to exercise the power of pardon as defined in the present Constitution.






(2) In the exercise of the power conferred by this #, the Governor will obtain the advice of an Advisory Committee constituted as provided in # (3), but will not be bound to act in accordance with that advice.






(3) The Advisory Committee on the Prerogative of Mercy will consist of not fewer than 3 nor more than 5 members, of whom one may be a Minister, and at least one will represent the public interest. No person holding office in the legislative branch of government (except a Minister) or in the judicial branch will be eligible to be a member.




(4) The members of the Advisory Committee will be appointed by the Governor after consultation with the Chief Minister.






 




The political executive









7. The Cabinet





There will be a Cabinet of Ministers of St Helena consisting of the Chief Minister and not fewer than three nor more than four other Ministers.









8. The Executive Council





There will be an Executive Council of St Helena consisting of the members of the Cabinet.









9. General direction and control of the executive government





Subject to the Constitution, the Cabinet will have the general direction and control of the government of St Helena.









10. Ministers to keep Governor informed





It will be the duty of the Chief Minister and the other Ministers, at meetings of the Executive Council or otherwise, to keep the Governor fully informed concerning the general conduct of the government of St Helena, and to furnish the Governor with such information as he or she may request with respect to any particular matter arising in the conduct of that government.









11. Collective responsibility





The members of the Cabinet will be collectively responsible to the Legislative Assembly for




(a) all things done by it in exercising the general direction and control of the government of St Helena;




(b) any advice given to the Governor by or under the general authority of the Cabinet; and




(c) all other things done by or under the authority of a Minister in the execution of his or her office.









12. The Chief Minister





(1) There will be a Chief Minister of St Helena.






(2) The members of the Assembly present and voting at a meeting of the Assembly will elect the Chief Minister, by secret ballot, from among the members of the Assembly. To be elected, a candidate must receive the votes of a majority of the total membership of the Assembly.






 




(3) An election to the office of Chief Minister will be held




(a) at the first meeting of the Assembly after a general election; and




(b) at the first meeting of the Assembly after




(i) the office of Chief Minister has become vacant; or




(ii) the Chief Minister has tendered his or her resignation from that office by a signed writing delivered to the Governor, or is deemed to have tendered his or her resignation.






The proposal in this # supersedes the recommendation of the Commission of Inquiry agreed to by the Legislative Council that there should be a Chief Councillor nominated by the Chairmen of Council Committees and appointed by the Governor (Recommendation 29).









13. Chief Minister elect to recommend the appointment of the other Ministers





(1) As soon as practicable after being elected to office, the Chief Minister elect will recommend to the Governor, for appointment as Ministers, not fewer than three nor more than four other members of the Assembly who have consented to the nomination.






(2) If the Chief Minister elect does not make such a recommendation within 7 days after the date of his or her election to office, that election will be of no effect. Subject to # 72(3)(b), the Assembly will proceed as soon as practicable again to elect a Chief Minister.









14. The allocation of portfolios

2. The Governor acting in his or her discretion will be responsible for

1. defence;


2. external affairs;


3. internal security, including the Police.

The Legislative Assembly approved Recommendation 17 of the Commission of Inquiry that "shipping" no longer be a special responsibility of the Governor. This proposal is consistent with but goes beyond that recommendation.

1. Appointment of Chief Minister and other Ministers after the election of a Chief Minister





(1) The Governor will




(a) appoint as Chief Minister the member of the St Helena Assembly elected to that office; and




(b) appoint as Ministers the members of the Assembly recommended by the Chief Minister.






(2) The instrument of appointment will specify the portfolio or portfolios allocated to the appointee on the recommendation of the Chief Minister.









2. Appointment and dismissal of Ministers (other than the Chief Minister) and allocation of portfolios at other times





(1) On the recommendation of the Chief Minister, the Governor will




(a) revoke the appointment of a Minister; or




(b) appoint a member of the Assembly as a Minister to fill a vacancy in the Cabinet or bring the number of Ministers (other than the Chief Minister) up to the maximum of four; or




(c) assign or reassign the portfolio or portfolios allocated to any Minister.






(2) If within 7 days after the occurrence of a vacancy in the Cabinet that has reduced the number of Ministers (other than the Chief Minister) below the minimum of three, the Chief Minister does not recommend the appointment of a member of the Assembly to fill the vacancy or vacancies, the Chief Minister will be deemed to have tendered to the Governor his or her resignation from that office.






This proposal is consistent with but supersedes the recommendation of the Commission of Inquiry agreed to by the Legislative Council that the Chief Councillor should have the authority to call for the removal and replacement of an Unofficial Member of the Executive Council (Recommendation 9, first part).






 







3. Vacation of office by the Chief Minister





(1) The office of Chief Minister will become vacant if the Chief Minister vacates his or her seat in the Legislative Assembly for any reason other than the dissolution of the Assembly.




(2) The Chief Minister may tender his or her resignation from office by a signed writing delivered to the Governor.




(3) A Chief Minister who has tendered his or her resignation, or is deemed to have done so under #26(2) or # 45(4), will continue in office until a Chief Minister and other members of the Cabinet are appointed, after a new election to the office of Chief Minister.









4. Acting Chief Minister





If the Chief Minister is absent from St Helena or is otherwise unable to discharge the functions of the office, or the office of Chief Minister is vacant, the functions of the Chief Minister will be discharged temporarily by another Minister appointed by the Governor on the advice of Chief Minister, or failing that, on the advice of the Cabinet, or failing that, acting in his or her discretion.









5. Vacation of office by a Minister other than the Chief Minister





(1) The office of a Minister other than the Chief Minister will become vacant if




(a) his or her appointment is revoked;




(b) the Minister has vacated his or her seat in the Assembly for any reason other than the dissolution of the Assembly; or




(c) the Minister resigns from that office by a signed writing delivered to the Governor.






(2) If the Chief Minister tenders his or her resignation, or is deemed to have done so, the other Ministers will continue in office until a Chief Minister and other members of the Cabinet are appointed, after a new election to the office of Chief Minister.









6. Acting Minister





If a Minister other than the Chief Minister is absent from St Helena or otherwise temporarily unable to discharge the functions of the office, the functions of that Minister may be discharged




(a) by another Minister, including the Chief Minister; or




(b) by a member of the Assembly appointed as a temporary Minister.




In either case the appointment of an Acting Minister will be made by the Governor acting on the advice of the Chief Minister.






This proposal is consistent with the thrust of, but supersedes, those in the following Recommendations of the Commission of Inquiry as approved by the Legislative Council: Recommendation 7, that temporary Unofficial Members of the Executive Council should be nominated by the Chief Councillor after consultation with Elected Members of the relevant Committee, and the second part of Recommendation 9, that a Temporary Unofficial Member of the Executive Council should normally be the Acting Chairman of the Council Committee whose substantive Chairman is absent.









7. Oaths or affirmations to be taken by the Chief Minister and other Ministers





Before entering on the duties of the office the Chief Minister and other Ministers will be required to take oaths or affirmations of allegiance and for the due execution of the office. The latter will require the holder of the office to promise:




… to the best of my judgment, at all times when so required, to freely give my counsel and advice for the good management of the public affairs of St Helena, and not on any account, at any time whatsoever, to disclose the counsel, advice, opinion or vote of any particular Minister, and not, except with the authority of the Cabinet or the Executive Council and to such extent as may be required for the good management of the affairs of St Helena, directly or indirectly to reveal the business or proceedings of the Cabinet or the Executive Council or the nature or contents of any documents communicated to me as Chief Minister/Minister or any matter coming to my knowledge in my capacity as such, and in all things to be a true and faithful Chief Minister/Minister.






This proposal gives effect to Recommendation 18 of the Commission of Inquiry, as approved by the Legislative Council, that the form of oath be set out in the Schedule to the Constitution.






 




The working of the Cabinet and the Executive Council under a three-tier system









8. Governor to act on advice





Except when the Constitution or any other law provides that the Governor will act in accordance with the advice of a particular person or body, or may act in his or her own discretion or judgment, the Governor will exercise the executive authority of St Helena, and perform the functions conferred on him or her by the Constitution or other law, in accordance with the advice of the Cabinet, or of the Chief Minister or other appropriate Minister acting under the general authority of the Cabinet.







9. Meetings of the Cabinet





(1) The Cabinet will meet at such times and places as the Chief Minister appoints.






(2) No business will be capable of being transacted at a meeting of the Cabinet unless at least three Ministers are present, including the Chief Minister or other Minister presiding.






(3) The Chief Minister, or in his or her absence, a Minister nominated by the Chief Minister, or failing that, a Minister chosen by the Ministers present will preside.






(4) The Cabinet will not be disqualified for the transaction of business by reason only of a vacancy among its members, or the absence of an appointment under # 26(1)(b), # 28 or # 30, in a case where any of those paragraphs applies.






(5) Notice of every meeting of the Cabinet and a copy of every paper to be considered at that meeting will be given to each Minister, to the Governor, to the Chief Secretary, to the Attorney-General (if that officer is not a Minister), and to the Permanent Secretary, Finance.






(6) The Chief Minister or other Minister presiding will have the right to summon any officer of the St Helena Public Service to a meeting of the Cabinet whenever he or she considers that the business before the Cabinet makes the presence of that officer desirable.






(7) The Chief Secretary and the Attorney-General will have the right to attend any meeting of the Cabinet and to speak on any matter under consideration by the Cabinet so far as it gives rise to issues within their respective responsibilities.






(8) The decision of the Cabinet on any matter will be taken only by the Ministers present at a meeting of the Cabinet.






(9) Otherwise the Cabinet will be free to regulate its own procedure.






This provision supersedes Recommendation 10 of the Commission of Inquiry, as approved by the Legislative Council, that the Governor should be required to summon a meeting of the Executive Council if requested in writing to do so by not less than three Elected Members.






The provision also supersedes Recommendation 11 of the Commission of Inquiry, as approved by the Legislative Council, that the quorum of the Executive Council should be six members, instead of 5, excluding any member presiding.









10. Decisions of the Cabinet





(1) A decision of the Cabinet will be recorded in a minute signed by the Chief Minister, whether or not he or she was present at the meeting of the Cabinet at which the decision was made, and by the Secretary to the Cabinet.






(2) The Secretary to the Cabinet will communicate the minute to the Governor within 48 hours after the making of the decision, or within 24 hours if the minute states that, in the opinion of the Cabinet, it concerns a matter of extreme urgency.






(3) A decision of the Cabinet will take effect only in one or other of the following circumstances:




(a) when it is approved by the Governor, acting in his or her discretion; or




(b) on the expiry of four days after the date on which the decision is communicated to the Governor, unless the decision is sooner discussed at a meeting of the Executive Council; or




(c) if the decision states that, in the opinion of the Cabinet, it concerns a matter of extreme urgency, on the expiry of 2 days after the date on which the decision is communicated to the Governor, unless the decision is sooner discussed at a meeting of the Executive Council; or




(d) if the decision is discussed at a meeting of the Executive Council before the expiration of the time limit in # (b) or # (c), whichever is applicable, then in the circumstances provided for in # 38(4).






(4) A certificate signed by the Secretary to the Cabinet that a decision of the Cabinet has taken effect will be conclusive evidence that the decision has taken effect.









11. The Secretary to the Cabinet





(1) There will be an officer of the St Helena Public Service to be called the Secretary to the Cabinet, who will be responsible for arranging the business for, and keeping the minutes of, meetings of the Cabinet, and for conveying decisions of the Cabinet to the appropriate person or authority, and shall be responsible for the performance, with respect to the Cabinet, of such secretarial and other functions as may be required.






(2) Power to make appointments to the office of Secretary to the Cabinet is vested in the Governor acting in accordance with the recommendation of the Chief Minister.






(3) The Chief Minister will be required to recommend a person whose name appears on a list of officers of the St Helena Public Service who appear to the Public Service Commission to be qualified for appointment.









12. Functions of the Executive Council





The Executive Council will be a forum in which




(a) the Governor can receive the advice of the Cabinet on any matter;




(b) the Governor, acting in his or her discretion, can




(i) convey to the members of the Cabinet any concern, or raise any question, concerning the government of St Helena, either generally or with respect to any particular matter; and




(ii) provide the members of the Cabinet with information concerning the position of the United Kingdom Government on any matter affecting St Helena;




(c) the Chief Minister or any other Minister can




(i) keep the Governor fully informed concerning the general conduct of the government of St Helena, and




(ii) raise any question or express any opinion concerning the position of the United Kingdom Government on any matter affecting St Helena, and, if appropriate, request that the question or opinion be communicated to the United Kingdom Government;




(d) a decision of the Cabinet on any matter can be considered;




(e) the failure of the Cabinet to take a decision on any matter concerning the government of St Helena can be considered;




(f) the Governor can consult the Executive Council about any matter for which he or she is responsible.









13. Meetings of the Executive Council





(1) A meeting of the Executive Council will be summoned by the Governor,




(a) acting in his or her discretion; or




(b) at the request of the Chief Minister.






(2) The Governor, acting in his or her discretion, and the Chief Minister may each request the inclusion of a matter on the agenda for the meeting.






(3) No business will be capable of being transacted at a meeting of the Executive Council unless the Governor and at least three Ministers are present.






(4) At meetings of the Executive Council, the Governor will preside.






(5) The Governor, acting in his or her discretion, or at the request of the Chief Minister, may summon any officer of the St Helena Public Service to a meeting of the Executive Council whenever he or she considers that the business before the Council makes the presence of that officer desirable.






(6) Otherwise the Executive Council will be free to regulate its own procedure.






This provision supersedes Recommendation 10 of the Commission of Inquiry, as approved by the Legislative Council, that the Governor should be required to summon a meeting of the Executive Council if requested in writing to do so by not less than three Elected Members.






The provision also supersedes Recommendation 11 of the Commission of Inquiry, as approved by the Legislative Council, that the quorum of the Executive Council should be six members, instead of 5, excluding any member presiding.






 







14. Consideration of Cabinet decision by the Executive Council





(1) At the request either of the Governor, acting in his or her discretion, or of the Chief Minister, the Executive Council will consider any decision recorded in a Cabinet minute that has not taken effect.






(2) If, at the meeting of the Executive Council, the Governor, acting in his or her discretion, concurs in the decision, that decision will immediately take effect as a decision of the Cabinet.






(3) If, at the meeting of the Executive Council, the Governor, acting in his or her discretion, does not concur in the decision, or requests that it be reconsidered in order to take due account of any concern raised, the Cabinet will have the option of reconsidering the decision or letting the matter rest.






(4) If, after reconsideration, the Cabinet reaffirms its original decision, or varies it to take due account of the concern raised by the Governor, the original decision or the decision as thus varied will take effect as a decision of the Cabinet




(a) on the expiry of four days after the date on which a minute of the reconsidered decision is communicated to the Governor, unless the Governor sooner makes an Order under # 40; or




(b) if the minute states that, in the opinion of the Cabinet, the decision concerns a matter of extreme urgency, on the expiry of 2 days after the date on which a minute of the reconsidered decision is communicated to the Governor, unless the Governor, sooner makes an Order under # 40.









15. Consideration by the Executive Council of a matter that the Cabinet has not dealt with





(1) At a meeting of the Executive Council, the Governor, acting in his or her discretion, may request the Cabinet to consider, or further consider, any matter concerning the government of St Helena that it has not dealt with, or that, in the Governor’s judgment, it has not dealt with adequately.






(2) The Cabinet will consider that matter, or consider it further, at either its next regular meeting or a meeting sooner called by the Chief Minister for that purpose.






(3) If the Cabinet makes a decision on the matter concerned within 14 days after the date on which the Governor requested it to consider the matter, that decision will take effect in the same manner and to the same extent as any other decision of the Cabinet recorded in a Cabinet minute.






(4) If the Governor does not receive from the Secretary to the Cabinet a minute of a decision of the Cabinet on the matter concerned within 14 days after the date on which the Governor requested it to consider that matter, the Governor will have the option of making an Order in respect of that matter under # 40.






(5) The Governor will not be entitled to make such an Order if, after the expiry of the time limit in # (4), but before the making of the Order, the Governor




(a) receives a minute of the Cabinet’s decision, or further decision, on the matter; or




(b) at a further meeting of the Executive Council, acting in his or her discretion, withdraws the request that the Cabinet should consider the matter, or consider it further.









16. Power of the Governor to make an Order on the ground of inconsistency with a partnership value





(1) If the Governor, in the exercise of his or her judgment, considers that a Cabinet decision reaffirmed or varied under # 38, or the absence of a Cabinet decision requested under # 39, involves an inconsistency with one or more of the partnership values declared in # 7, the Governor, acting in his or her discretion, will have the power to make an Order




(a) amending or cancelling that Cabinet decision, or




(b) substituting another decision for the Cabinet decision so cancelled, or,




(c) in the absence of a requested Cabinet decision, making a decision on the matter concerned.






(2) An Order under # (1) must specify the partnership value or values to which, in the Governor’s judgment, effect has not been given, and his or her reasons for reaching that conclusion in the circumstances.






(3) The Governor will be able to make an order under # (1) only with the prior approval of a Secretary of State, unless, in his or her judgment, the matter is so urgent that it is necessary to make the Order without such approval. In that case the Governor will be required, as soon as practicable, to report the making of the Order to a Secretary of State, and the reasons for doing so without prior approval.






(4) An Order under # (1) will take effect in all respects as if it were a decision of the Cabinet, and will do so on the date on which the Clerk of the Executive Council communicates the Order to the Chief Minister, unless a later date is specified in the Order






(5) The Chief Minister will have the right, within thirty days, to submit the comments of the Cabinet on the making of the Order, or on its terms, to the Governor, who will immediately forward them to a Secretary of State.






(6) An Order under # (1) will be published in the St Helena Gazette, unless it deals with a matter that is protected from public disclosure by a law.









17. Clerk of the Executive Council





The Secretary to the Cabinet will also be the Clerk of the Executive Council.






 




Departmental responsibilities and senior officials









18. A Minister’s responsibility for the administration of a department





(1) Subject to the Constitution and any other law, a Minister who has the responsibility for a department of government will exercise general direction and control over that department, in accordance with the policies of the Government as determined by the Cabinet.






(2) Subject to such direction and control, the department will be under the supervision of a permanent secretary.






(3) The permanent secretary will be the chief policy adviser to the Minister on matters within the department’s responsibility.









19. The Chief Secretary





(1) There will be an officer of the St Helena Public Service to be called the Chief Secretary who will be the permanent secretary of the Chief Minister’s Department, the chief administrative officer of the Government of St Helena and its principal policy adviser.






(2) In addition to any other functions or powers conferred on the holder of the office by or under the Constitution or any other law, the Chief Secretary will be responsible to the Chief Minister for the coordination of the work of all departments and offices of government in St Helena.






(3) The Chief Secretary will be appointed by the Governor acting in accordance with the recommendation of the Public Service Commission made after consultation with the Chief Minister.









20. The Attorney-General

2. The Attorney-General will have the powers conferred on the Attorney-General by section 14 of the 1988 Constitution.

1. Vote of confidence or no confidence in the Cabinet





(1) At any meeting of the St Helena Assembly




(a) the Chief Minister, or another Minister acting on behalf of the Chief Minister, may give notice of his or her intention to move a motion of confidence in the Cabinet, either generally or on any measure proposed by a Minister for adoption by the Assembly;




(b) Any three or more members of the Assembly who are not Ministers may give notice of their intention to move a motion of no confidence in the Cabinet, but, unless there has sooner been a dissolution of the Legislature, no such notice may be given less than three months after the date on which a motion of no confidence in the Assembly was last voted upon and lost.






(2) A motion of which notice is given under # (1) will be required to be voted on, by secret ballot, at a meeting of the Assembly held not sooner than five days but not more than 10 days after but excluding the giving of the notice.






(3) To be carried, a motion of confidence or no confidence must receive the affirmative votes of a majority of the total membership of the Assembly.






(4) If the motion of confidence is lost, or the motion of no confidence is carried, the Chief Minister will be deemed to have tendered his or her resignation from office at the expiration of 5 days after, but excluding, the date of the vote, unless, before then, he or she requests the Governor to dissolve the Assembly.






 




The Legislature









2. Legislature for St Helena





There will be a Legislature for St Helena consisting of Her Majesty and the Legislative Assembly.









3. Legislative Assembly





The Legislative Assembly will consist of the Speaker and 12 elected members.









4. Method of election of Members





The members of the Legislative Assembly will be elected by secret ballot, under a system of universal suffrage, by the persons registered on a single roll for the whole of the island of St Helena.






This proposal supersedes Recommendation 20 of the Commission of Inquiry, as approved by the Legislative Council, to the effect that the Constitution should leave open the question whether St Helena should be divided into territorial constituencies, or whether some or all members should be elected by all voters.









5. Qualifications of candidates for election to the Legislative Assembly





(1) Subject to the Constitution, the qualifications for registration as a voter and for being a candidate at an election of members of the Legislative Assembly will be prescribed by a law.






The enactment of such a law will provide the opportunity to reconsider the following recommendations of the Commission of Inquiry as approved by the Legislative Council, and reconcile them with the law as to the right to register as a voter:




That there should be no requirement that a candidate must be a British citizen or British Dependent (now Overseas) Territories citizen (Recommendation 22);




That a candidate must have St Helenian status (Recommendation 22); and




That a candidate must have been ordinarily resident on St Helena for a period of five years immediately prior to nomination (Recommendation 23).




The law should incorporate, with or without amendment, the Governor’s notice under s 17(2) of the 1988 Constitution making provision enabling certain classes of public servants to be candidates.






(2) A person will not be qualified to be a candidate for election to the Assembly if that person




(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; or




(b) is an undischarged bankrupt; or




(c) is mentally ill; or




(d) is under a sentence of death or of imprisonment for 12 months or more; or




(e) is disqualified by reason of having committed an offence connected with elections; or




(f) is holding any office or exercising any function relating to the conduct of elections; or




(g) has a personal interest of a kind that, under a law, must not be held by a member of the Assembly.






This proposal reflects the recommendation of the Legislative Council that there should be a Register of the interests of Elected Members (Recommendation 59). See further # 51









6. Tenure of office of Members of Legislative Assembly





The seat of a member will become vacant




(a) upon a dissolution of the Assembly; or




(b) if the member is absent from meetings of the Assembly for a consecutive period of six months without the written permission of the Speaker; or




(c) if any circumstance arises that would cause the member to become disqualified for election to the Assembly;




(d) if the member accepts an appointment to




(i) judicial office; or




(ii) the St Helena Public Service, unless, under a law, the member is entitled to a period or periods of leave without pay from the Public Service for the purposes of enabling him or her to continue to serve as a member of the Assembly on a basis that is consistent with the efficiency of the Public Service and its political neutrality.






This proposal gives effect to Recommendation 50 of the Commission of Inquiry as approved by the Legislative Council, that a member of the Council who is appointed as a magistrate should resign from the Council. See also # 82(7)(b).









7. Register of Interests

2. A law made under the Constitution will make provision for giving effect to this #.


3. Such a law may impose sanctions for a failure to comply with # (2), including the suspension of a member from the Legislative Assembly for such period as the law prescribes.

1. Determination of questions as to membership of Legislative Assembly





(1) Any question as to whether a person has been validly elected as a Member of the Legislative Assembly or whether a Member of the Assembly has vacated his or her seat will continue to be determined by the Supreme Court.






(2) A clearer distinction will be made between matters that must be disposed of by an election petition and those that affect the continuing right of a Member to retain his or her seat.







2. Law as to elections





Subject to the Constitution, elections will be conducted under a law enacted for that purpose









3. Oath of allegiance





Members of the Legislative Assembly will continue to be required to make an oath or affirmation of allegiance.









4. The Speaker and Deputy Speaker





(1) At its first sitting after a vacancy in the office of Speaker or Deputy Speaker, or both, as the case may be, and before the transaction of any other business, the Legislative Assembly, by secret ballot, will elect to fill the vacancy




(a) a Speaker, from among persons who are not Members of the Assembly but are qualified to be Members; and




(b) a Deputy Speaker, from among Members of the Assembly who are not Ministers.






(2) If at that sitting, there is a vacancy in the office of both the Speaker and the Deputy Speaker, such Member of the Assembly as may be elected by the Members then present will preside until a Speaker is elected.






(3) To be elected, a candidate must receive the votes of a majority of the total membership of the Assembly.






(4) The office of Speaker will become vacant




(a) if any circumstance arises that, if the Speaker were a Member of the Assembly, would cause his or her seat to become vacant; or




(b) if the Speaker resigns that office by a signed writing delivered to the Clerk of the Assembly; or




(c) if the Speaker becomes a candidate for election to the Assembly; or




(d) on the passing, by the votes of a majority of the Members, of a motion expressing no confidence in the Speaker; or




(e) if the Assembly is dissolved.






(5) The office of Deputy Speaker will become vacant




(a) if the Deputy Speaker vacates his or her seat as a Member of the Assembly; or




(b) if the Deputy Speaker resigns that office by a signed writing delivered to the Speaker; or




(c) if the Deputy Speaker is appointed as a Minister; or




(d) on the passing, by the votes of a majority of the Members, of a motion expressing no confidence in the Deputy Speaker; or




(e) if the Assembly is dissolved.






This proposal gives effect to a recommendation of the Commission of Inquiry approved by the Legislative Council that the Constitution should make provision for the election of a Deputy Speaker as well as a Speaker (recommendation 41).









5. Presiding in the Legislative Assembly





At sittings of the Legislative Assembly, the presiding officer will be




(a) at any time when there is a person holding the office of Speaker, the Speaker; or




(b) in the absence of the Speaker, the Deputy Speaker, or




(c) on any occasion when both the Speaker and the Deputy Speaker are absent, such Member of the Assembly, not being a Minister, as may be elected by the Members then present to preside until the Speaker or the Deputy Speaker is again present.









6. Legislative Assembly may transact business notwithstanding vacancies





The Legislative Assembly will not be disqualified for the transaction of business by reason of any vacancy in its membership.









7. Quorum





A quorum will consist of seven Members of the Assembly including any member presiding.






This proposal supersedes the recommendation of the Commission of Inquiry as approved by the Legislative Council that the quorum should consist of eight Members in addition to the person presiding (Recommendation 38).









8. Governor’s right to address Legislative Assembly





The Governor, acting in his or her discretion, will have the right of addressing the Legislative Assembly.






59A. Attorney-General’s right to attend and speak in the Legislative Assembly




(1) The Attorney-General will have the right to attend any meeting of the Legislative Assembly and to speak on any matter under consideration by the Assembly so far as it gives rise to issues within the Attorney-General’s responsibilities.






(2) The Attorney-General will not thereby become a member of the Assembly or have the right to vote.









9. Power to summon officers of the St Helena Public Service to attend meetings of the Legislative Assembly





(1) The Speaker, acting in his or her discretion will have the power to summon to a meeting of the Assembly any officer of the St Helena Public Service, when, in the opinion of the Speaker, the business bef

 

This article is the Property and Copyright of Saint Helena Herald.