Tristan : A MODERNISED CONSTITUTION FOR ST HELENA, ASCENSION AND TRISTAN DA CUNHA
Submitted by Tristan Times (Juanita Brock) 28.04.2008 (Article Archived on 12.05.2008)
In 2005 a draft new Constitution of St Helena was prepared. It would have introduced a system of ministerial government. But the people of St Helena rejected that proposed change in a consultative poll. In doing so they also rejected a great deal of potential improvement that had nothing to do with ministerial government.
A MODERNISED CONSTITUTION FOR ST HELENA, ASCENSION AND TRISTAN DA CUNHA
In 2005 a draft new Constitution of St Helena was prepared. It would have introduced a system of ministerial government. But the people of St Helena rejected that proposed change in a consultative poll. In doing so they also rejected a great deal of potential improvement that had nothing to do with ministerial government.
The present Constitution of St Helena dates from 1988. It is in many respects outdated or inadequate. The United Kingdom Government firmly supports the enhancement of good government and fundamental rights protection in St Helena in the coming years, which will be of great importance to the development of the island. The United Kingdom Government is therefore considering with elected St Helena Councillors replacing the 1988 Constitution with a modernised Constitution. The objective is to arrive at a new Constitution that will better serve St Helena and that is acceptable both to St Helena and the United Kingdom. The process will of course involve public consultation.
The terms of a Constitution have particular legal significance because the Constitution takes precedence in law over all St Helena Ordinances and other local laws.
The main issues for a new Constitution that are under consideration are the following:
Fundamental rights
The present Constitution contains no bill of rights. A new Constitution could set out the fundamental rights of the individual, such as the right to life, the right to personal liberty, freedom of conscience and freedom of speech. All St Helena laws and government action would have to conform to these rights, and they would be enforceable in the courts. The bill of rights would reflect international human rights treaties that already apply to St Helena. The entrenchment of these rights would mark a substantial strengthening of the Constitution and of the legal system in St Helena.
Partnership values
A new Constitution could list a set of values on which the partnership between the United Kingdom and St Helena would be based. All parts of government would have a duty to give effect to these values. They would include such matters as the rule of law, good government, sound financial management, and the impartial administration of justice. This too would strengthen the Constitution, which at present contains no such list of values.
Executive government
The Governor would continue to exercise executive responsibility on behalf of The Queen. The Governor would continue to be advised by an Executive Council. But the membership of the Council could be refreshed and reconstituted periodically, for example by annual elections from among the elected members of the Legislative Council. At present the Council simply consists of the 5 Council Committee chairmen. There would continue to be a committee system of government, as under the present Constitution, rather than a ministerial system. There are currently 13 departments within government, and 5 Committees is rather constraining. Therefore the number of Committees could be increased, and the system made more flexible and inclusive, by utilising the political skill of Councillors alongside senior managers in a more efficient manner.
Legislative Council
A new Constitution could provide flexibility as to whether elections to the Legislative Council should be held in a single constituency covering the whole island or in two or more constituencies. It could provide for a Deputy Speaker to preside in the Legislative Council in the absence of the Speaker. It could enhance democracy by depriving the (non-elected) Chief Secretary and the Financial Secretary of the right to vote in the Legislative Council. It could also strengthen transparency and accountability by establishing a public Register of members’ interests, by providing for a code of members’ conduct, and by enshrining in the Constitution a Public Accounts Committee that has a majority of members who have no part in the disbursement of public funds.
The Judiciary
By comparison with the present Constitution, a new Constitution could strengthen the impartiality of the courts, by securing the independence of the judges and by setting up an independent Judicial Service Commission to advise on the appointment and removal of magistrates. This would be an important improvement to the present Constitution and the administration of justice in St Helena.
The Public Service
The impartiality of the St Helena Public Service is of vital importance, and a new Constitution would need to ensure this. The present Constitution contains no specific provisions on this matter.
Public Finance
The present Constitution makes very limited provision for the control of public finance. A new Constitution could entrench the principles of sound financial management, monitored by an independent and impartial Chief Auditor. This would represent a significant advance at the constitutional level, because all St Helena legislation would have to conform to these principles.
Ascension Island and Tristan da Cunha
A new Constitution would also, as envisaged in the 2005 draft, relate to Ascension Island and Tristan da Cunha. The provisions relating to the application of the Constitution to Ascension Island and Tristan da Cunha will require further consideration and consultation on both islands.
What is the timetable for any change?
Any change in a Constitution has an impact on all inhabitants, and it is intended that every opportunity will be made for Islanders to understand the implications of the proposals and to express their views. Therefore formal consultations and public meetings will be held, especially during the visit of Ian Hendry (Head of UK Constitutional Review Team), on 6th, 7th and 8th of May. In addition, individuals and organisations can make appointments, through my office, to discuss issues with Mr.Hendry should they wish to do so, and of course elected Councillors will be involved in meetings during his visit.
Following the visit, I intend to publish a draft Constitution after which further consultation meetings will be held. Such meetings will also take place in Ascension Island and in Tristan da Cunha.
Following these consultations, a final draft will be prepared in consultation with Island representatives for consideration and approval by Legislative Council. If that approval is forthcoming, the final draft Constitution, which will be contained in an Order in Council, will be submitted for approval by Her Majesty in the Privy Council. I would like this to be done in advance of the General Election in St.Helena in July 2009. Necessary transitional provisions would be adopted in the meantime.
Andrew Gurr
Governor
28th April 2008
|
