Falklands : New Falklands Constitution Celebrated at Government House Submitted by Falkland Islands News Network (Juanita Brock) 06.01.2009 (Article Archived on 20.01.2009)
A reception to commemorate the new Falklands Constitution was held at Government House on Monday, 05 January 2009.
Photo (c) J. Brock (FINN)
H E the Governor Mr Huckle holds a copy of the new constitution.
NEW FALKLANDS CONSTITUTION CELEBRATED AT GOVERNMET HOUSE
By J. Brock (FINN)

H E the Governor Mr Huckle holds a copy of the new constitution.
A reception to commemorate the new Falklands Constitution was held at Government House on Monday, 05 January 2009. It has been an eight-year process but finally the new Constitution is in force. Invited guests enjoyed the festive occasion and listened to speeches by H. E. the Governor Mr Alan Huckle and Councillor Mike Summers.
H. E. the Governor Mr Alan Huclke’s remarks:
“There’s a business reason to this reception and that is, of course, to celebrate and to mark the entry into force on the 1st of January of this year of the new constitution.
In a way, both Mike and I have looked at ourselves and asked what more could we say because we have already said it but I will repeat it. This is a significant step forward in democracy in the Falkland Islands.
I’m in a bit of a strange position to say that the Governor’s role is being constrained but actually I think it is and I think it is right that it should be.
Also, the role of the Chief Executive for the first time has been acknowledged properly in the Constitution and he has been formally designated the Head of the Public Service – rightly so – and all those still acting under authority – is going to be still acting under authority, is nevertheless going to be responsible on a day to day basis for the public service in the Falkland Islands and that is absolutely right.
The other key advance amongst several in this Constitution is the provision for the Public Accounts Committee and also the Complaints Commissioner. Both, I think, will increase the level of public accountability in the territory where, because of its small nature, many of the checks and balances against an over-weaning Executive, although I would never call the Executive here over-weaning - or bearing or dictatorial. But many of the checks and balances are, by its very nature, modest. And we are already working on both the Public Accounts Committee and the Complaints Commissioner, both of which, I am sure, will require legislation. And, those will come through in the course of this year.
I commend to you this document, which is the new Constitution – there in all its glory. It is an important document. People wonder why on earth they shouldn’t read it. You probably needn’t but it forms the basis of our Government and in those terms it is fundamentally important.
So therefore I think the fact that this was negotiated in an atmosphere of good will and co-operation – all the points were discussed reasonably – was jolly good and it shows up the Falkland Islands in the very best light but I do think this is a significant advance so I commend it to you.”
Councillor Summers’ remarks:
“Thank-you Governor. Colleagues, Ladies and Gentlemen, I wasn’t quite sure that I was going to be speaking this evening and I agree with the Governor in that probably most of the things that need to be said about the Constitution have already been said by either myself or somebody else at some point in the last eight years.
I do wish to take issue with the Governor on a particular issue and that’s something that he wrote in his Christmas Speech. He thought the Constitution was a bit dry. Actually, all those of you involved in the legal profession here – and there are a lot – it’s a cracking good read. And, for all those aspiring leaders of the community – and I think in one way or another we should all aspire to lead in the community and carry the community forward in one way or another – it is essential that we understand the Constitution and we understand the democratic concepts that underlay our community because if we don’t I think we misunderstand how things will work.
I think the new Constitution is good, as the Governor says. There was nothing that we particularly wanted that we didn’t get. I don’t think there was anything that the Foreign and Commonwealth Office wanted that they didn’t particularly get so, I suppose on that basis it was a well negotiated document. We know this by the strength of opinion over the water and they are really cheesed off with it.
We are coming up to another election in November and I think this Constitution creates an opportunity and a responsibility and an onus on those of us who will aspire to be leaders of the community to carry on the concepts that are set down in the Constitution and to make them work because it’s those things that form the basis of a good, solid society that works for the benefit of everybody and that surely is what we are all about.
I was just commenting to a colleague slightly earlier that our new Constitution was perhaps slightly easier than some others because we already have a very well developed human rights section to the Constitution and I pay tribute to former colleagues on Council who – and I see some here this evening – have been through other revisions to the Constitution – who agreed to changes in fundamental rights and freedoms, which are absolutely essential to a well ordered and well run society.
So congratulations to them, congratulations to all of my colleagues over three Councils who have worked on this document and created something I think is appropriate for modern times.
Sir, I think on that note I, too, will commend to you this cracking good read and thank the Governor for the reception this evening and thank everybody who is in anyway at all been involved in the creation of the new Constitution. Thank you all.
After a clarification by H. E. the Governor about the document being gender-neutral, a toast to the new Constitution took place.
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