St Helena : St Helena Shares Views on the Constitution
Submitted by Saint Helena Herald (Juanita Brock) 14.05.2008 (Article Archived on 28.05.2008)
After the St Helena Government announced that Constitutional Change was once again on the agenda, a total of 27 people attended public meetings to listen to what was being proposed. Each meeting was also attended by various Councillors and SHG officials.
Views Expressed on Constitution
After the St Helena Government announced that Constitutional Change was once again on the agenda, a total of 27 people attended public meetings to listen to what was being proposed. Each meeting was also attended by various Councillors and SHG officials.
Discussion was led by Ian Hendry who is a Legal Advisor for the Foreign and Commonwealth Office. Ian has carried out constitutional work for St Helena in the past, and he has experience of working with other Overseas Territories. Attorney General, Ken Baddon was also in attendance to give legal advice.
Ian took people through a paper which had been prepared by Governor Gurr titled “A Modernised Constitution for St Helena, Ascension and Tristan da Cunha”, which was published in both newspapers on 2 May 2008. This highlights various changes which could be made to the constitution including the inclusion of a bill of rights. The proposal does not include the introduction of a ministerial system of government. Instead, emphasis is being placed on other changes which could be made, including improvements to the committee system.
The public was invited to comment on the proposals and to ask questions.
A Bill of Rights
There was no objection to having a bill of rights and people were told about the current system of being able to petition the Governor or Secretary of State. The introduction of a Bill of Rights would allow members of the public to complain to the Chief Justice if they feel that the Governor or an SHG Department has done something unconstitutional.
Number of Electoral Areas
People were particularly interested in whether St Helena should move away from having two electoral areas. One option was to have just one electoral area and each voter would vote for 12 councillors. Another option was to revert to having a councillor, or councillors, responsible for each district. Various pros and cons were identified. In particular, it was noted that while 12 councillors could represent the entire island, none would be particularly responsible for a single district. Yet, having a councillor for each district could mean that if there are five very good candidates standing for one district, four would not get to represent the Island and its people. It was also suggested that St Helena should have just eight councillors instead of the present 12. Additionally, it was felt that if councillors had an office, it would be easier for constituents to find them. One person took the opportunity to ask councillors how well the present system is working. It was explained that some constituents prefer to use the councillor in their district, whereas others prefer to seek help from others. There was concern at one meeting that under the present system, Half Tree Hollow does not have sufficient representation, since it is a densely populated area which must share its six councillors with the people of Blue Hill, St Paul’s and Sandy Bay.
Ascension and Tristan da Cunha
Some discussion also took place on various matters relating to Ascension Island and Tristan da Cunha; but it was explained that these matters should be discussed first with the residents of those Islands. A question was raised as to whether Ascension should have its own constitution. On this point it was explained that this would make Ascension a separate territory, breaking its historical links with the Island of St Helena.
Why the Proposed Ministerial Government was Rejected
Discussion also took place on why the public did not support the ministerial form of government when it was last suggested. While one view was that Saints overseas contributed to the majority vote opposing a ministerial form of government, another was that the Island did not have the right calibre of people to become ministers.
Legal Representation for the People
One section of the constitution relates to the judiciary, and on this, one person felt that St Helena should have more than one public solicitor. In this way, when a court case arises which requires non-government legal representation on both sides, each client would benefit from representation by a public solicitor. It was also recognised that while the Public Solicitor is responsible for appointing Lay Advocates instead of responsibility resting with the Attorney General, as was previously the case, no method is ideal since either could be biased. Therefore, it is possible that in the future, appointments will be made by the Chief Justice.
Dealing with Complaints
Members of the public were told about the possibility of introducing an office which would deal with complaints about various government departments. The public was however told that, since this could be expensive, it might be best if independent commissions of inquiry be established when necessary.
Responsibility of the Governor and Responsibility of Executive Council
It was explained that another change could allow officials to distinguish more clearly between what is a responsibility for the Governor and what should rest with the Executive Council. Following this, a view was expressed that Committee Chairmen should take responsibility like a Minister would.
Complying with International Conventions
Since constitution was on the agenda, one person expressed concern that as yet, St Helena has not signed up to the convention on the elimination of all forms of discrimination against women. There was also concern that as yet, St Helena has not signed up to the convention on the protection of the rights of all migrant workers and members of their families. It was however explained that St Helena must comply with human rights.
Duration of Executive Council Appointments
There was some concern over a proposal to change the membership of Executive Council on an annual basis. At present, Executive Council members serve for four years, and their special responsibility is to represent the five council committees: Agriculture and Natural Resources, Education, Employment and Social Security, Public Health and Social Services, and Public Works and Services. The concern was that if members only served for one year, they would have insufficient time to get to grips with matters relating to the committee. Two years was considered more appropriate. On the plus side it was noted that serving for a year would encourage councillors to perform in order to be re-elected the following year.
Cost and Power
Questions were asked as to whether the new constitution would result in more costs, although it was felt that this would not be the case. Another question was whether councillors would end up with more power.
One to One Sessions
While Ian was available to talk to people on an appointment, no one attended these sessions.
Next Steps
The people of Ascension Island and Tristan da Cunha will be consulted on the proposed changes. Following this, a draft constitution will be issued for public consultation. A final draft will then be prepared for Legislative Council to approve. If this happens, the final draft will then be contained in an Order in Council, and will be submitted to Her Majesty in the Privy Council. Governor Gurr is hoping that this will happen before the 2009 Elections which are due in July 2009.
Public Relations/Information Office
Office of the Chief Secretary
14 May 2008
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