St Helena : St. Helena and Constitutional Change
Submitted by Saint Helena Herald (Juanita Brock) 04.08.2007 (Article Archived on 18.08.2007)
In the 12th July 2007 open air programme on Radio St Helena, Councillor William Drabble when he was being interviewed, talked briefly about democracy in St Helena and made references to sections 11 and 12 of the Constitution. Several listeners have asked for details of these sections as they don’t have a copy of the Constitution.
ST. HELENA AND CONSTITUTIONAL CHANGE
St. Helena Herald
In the 12th July 2007 open air programme on Radio St Helena, Councillor William Drabble when he was being interviewed, talked briefly about democracy in St Helena and made references to sections 11 and 12 of the Constitution. Several listeners have asked for details of these sections as they don’t have a copy of the Constitution. Not too many people it is believed would have a copy on the bookshelf. However the Constitution of St Helena is a St Helena law and would be available for reading at Legal & Lands. For the benefit of all readers sections 11 and 12 of the Constitution are printed below for public information.
Governor to consult Executive Council
Section 11
(1) Subject to the provisions of this section, the Governor shall consult the Executive Council in the formulation of policy and the exercise of all functions upon him by this Constitution or any other law, and shall act in accordance with the advice given to him by the council.
(2) The Governor shall not be obliged to consult nor act in accordance with the advice given to him by the Executive Council with respect to the following-
(a) when acting under instructions given to him by Her Majesty through a Secretary of State;
(b) any function conferred upon him by this Constitution or any other law which is expressed to be exercisable by him in his direction or in his judgment or in accordance with the advice of, or after consultation with, any person or authority other than the Executive Council;
(c) any matter referred to in section 12(1)(a) of this Constitution;
(d) any matter in which, in his judgment, the service of Her Majesty would sustain material prejudice thereby;
(e) any matter concerning the exercise of the executive authority of the Dependencies;
(f) where the matter to be decided is, in his judgment, too unimportant to require the advice of the Council;
(g) where the matter to be decided is, in his judgment, too urgent to admit of the giving of the Council’s advice by the time within which it ma be necessary for him to act:
Provided that in every case falling within paragraph (g) of this subsection, the Governor shall as soon as practicable communicate to the Executive Council the measures which he shall have adopted, with the reasons therefore.
(3) In any case where the Governor is required by this section to consult the Executive Council, he may act otherwise than in accordance with the advice given to him by the Council if in his judgment it would be inexpedient in the interest of public order, public faith or good government to act in accordance with that advice:
Provided that-
(a) the Governor shall not under this subsection act contrary to the advice given to him by the Council without the prior approval of a Secretary of State, unless, in his judgment, the matter is of such urgency that it is necessary for him to act before obtaining such approval; and if he does so act he shall, as soon as practicable, report his action and the reasons therefore to a Secretary of State;
(b) whenever the Governor proposes under this subsection to act contrary to the advice given to him by the Council he shall inform the Council in writing of his reasons; and any member who wishes to do so may, within thirty days, submit his comments in writing too the Governor who shall forward them to a Secretary of State as soon as practicable.
(4) The Governor shall not be obliged to act in accordance with the advice given to him by the Executive Council in any case which, in his judgment, involves a matter for which he is responsible under section 12 of this Constitution.
(5) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Executive Council he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(6) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.
Governor’s special responsibilities Section 12
(1) The Governor shall be responsible for the conduct (subject to the provisions of this constitution and any other law) of any business of the Government of St Helena, including the administration of any department of Government, with respect to the following matters-
(a) the appointment of any person to any public office, the suspension, termination of employment, dismissal, or retirement of any public officer or the taking of disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service (including salary scales, allowances, leave, passages or pensions) for which financial provision has been made;
(b) defence;
(c) external affairs;
(d) internal security, including the Police;
(e) the administration of justice;
(f) finance; and
(g) shipping.
(2) The Governor, acting in his discretion, may assign to any member of the Executive Council responsibility for the conduct on behalf of the Governor of any business in the Legislative Council with respect to any of the matters mentioned in subsection (1) of this section.
(3) Where the Governor, acting in his discretion, determines that the exercise any function conferred upon any other person or authority (other than the Legislative Council) would involve or affect any matter mentioned in subsection (1) of this section, he may, acting in his discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.
The Constituion Order 1988 contains 56 sections. Sections 11 and 12 are two of 12 sections pertaining to the Executive.
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