Falklands : Dr. Davies Council Seat Becomes Vacant
Submitted by Falkland Islands News Network (Juanita Brock) 22.11.2007 (Article Archived on 06.12.2007)
Dr Richard Davies recently raised with the Chief Executive, the matter of his acting in the role of Chief Medical Officer.
PRESS RELEASE
Dr Richard Davies
Dr Richard Davies recently raised with the Chief Executive, the matter of his acting in the role of Chief Medical Officer. The post of Chief Medical Officer is a statutorily barred post under the Constitution. This means that the post-holder cannot be a councillor. The Constitution makes clear that this also applies to an “Acting” role. Dr Davies has undertaken the acting role three times since July 2006. Under the law, his seat as a Stanley Councillor therefore becomes vacant.
Dr Davies’s contract, requiring him to be Acting Chief Medical Officer, was negotiated alongside other doctors’ contracts by the previous Chief Executive, between January and June 2006. Dr Davies raised the issue of becoming Acting CMO at that time. He was told that the proscription did not apply. In coming to that view officers believed the proscription only applied to a substantive post. Officers relied upon the written Management Code. The Management Code covers the matter of statutorily barred posts but is silent on the issue of “acting up”. The Constitution is quite clear, and officers did not consult it.
FIG apologises to Dr Davies, and to the voters of Stanley constituency, for this bad error. It should not have occurred.
Dr Davies called on His Excellency the Governor on the afternoon of Monday 19 November to inform him officially that his seat is vacant. A by-election will be held.
The election writ is being issued on Tuesday 20 November and will be Gazetted later in the week. Nomination papers for councillors will be available from the Chief Executive on Friday 23 November and nominations will close on Friday 7 December. The by-election will be held on Thursday 3 January 2008.
ENDS
Press Release: Dr Richard Davies
Last Friday evening I met the Chief Executive and the Attorney General. We discussed an issue I had raised: that of my acting in the capacity of Chief Medical Officer (CMO) during the CMO’s absence.
On three occasions in the last two years I have been required by the medical department to act as CMO in the absence of the Chief Medical Officer. On Friday the Attorney General advised me that this was unconstitutional and that in so doing I have vacated my seat in Legislative Council. I have taken independent legal advice which has corroborated this view. The law does not appear to allow for any discretion.
This is contrary to the advice I previously received from Government. I was informed that it was permitted, as a Councillor, to fill in as Acting CMO during the Chief Medical Officer’s absence. Regrettably it appears that the opinion of the Attorney General was not sought before giving me this advice, which was incorrect.
In June 2006 I signed a new contract which required me to act in the capacity of CMO if requested. I was uneasy about doing so in view of the potential conflicts of interest, and I raised this with my managers. It was agreed that I should confine myself as far as possible to clinical matters such as making decisions about calling out an air ambulance. I did not attend HMSC or senior management team meetings. Nevertheless there were sometimes issues of policy or recruitment which I was uncomfortable dealing with. On these occasions I raised the matter with either the DHSS or the CE and strove to negate any conflict of interest in this way.
When instructed to do so, I have fulfilled the duties of Acting CMO honestly and to the best of my abilities. I was entitled to accept the advice of my managers and the former Chief Executive in good faith. If they had sought appropriate legal advice a simple solution could have been devised to fulfil the service need of the department in a constitutional manner. The present problem would not have arisen.
I have considered the situation carefully and discussed it with some of those who nominated me for election in 2005. I have considered whether to contest the case. A lengthy legal dispute, probably paid for by the public purse, during which time I could not fulfil my duties as a Councillor, does not appear to me to be in the public interest.
For this reason, yesterday evening I informed the Governor that my seat in Legislative Council is vacant, and he will now call a by-election. I have made arrangements to hand over my portfolio responsibilities to other Councillors.
I would like to make it clear that I have not resigned. I have been advised that my seat has become vacant according to the current interpretation of the Constitutional Ordinance. This occurred through no wrong doing on my part. The only way I can regain the seat and fulfil the commitments I made two years ago, is by seeking re-election, which I intend to do. I hope that voters will understand and have the confidence to re-elect me to serve the remainder of this term on Council.
Dr Richard Davies
20 November 2007
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