MercoPress. South Atlantic News Agency

A New Constitution for the Falkland Islands

Foreign Office Minister, Gillian Merron

Foreign Office Minister, Gillian Merron, today welcomed the new Falkland Islands Constitution Order 2008. The Minister said:

"I welcome the new constitution for the Falkland Islands. In agreeing it, the UK Government and the Falkland Islands' Government have worked together, openly and constructively, to ensure that it will serve the Islands well in the future. I was particularly pleased that all Falkland Islanders had opportunity to discuss and comment on it at all stages before it was finalised. "The world has moved on since the previous Falkland Islands' constitution came in to operation in 1985, and the Falklands have developed considerably both economically and socially. The new constitution reflects this. It enhances local democracy, while retaining sufficient powers for the UK government to protect UK interests and to ensure the overall good governance of the territory. It provides for greater transparency and accountability through the creation of a Public Accounts Committee and a Complaints Commissioner. And the rights chapter has been brought up to date to bring it into line with international agreements. "What it does not do is change the UK government's overall commitment to the Islands as an Overseas Territory. Nor does it change the right to self-determination, fundamental to our relationship with all of our Overseas Territories." Also commenting on the new constitution, Councillor Mike Summers, spokesperson for the Falkland Islands' Government said: "The new constitution more accurately describes the relationship between the Falklands and the United Kingdom, and formally establishes the degree of internal self-government. We have been pleased with the co-operative nature of our negotiations, reflecting a maturing partnership and a continuing commitment to security, social and economic development. The right of the people of the Falkland Islands to determine their political future has been freely exercised through the democratic process." Notes1.The Falkland Islands Constitution Order 2008 was made yesterday by Her Majesty in the Privy Council. It is expected to come into operation on 1 January 2009. 2.The new Constitution makes much clearer Councillors' responsibility for most domestic policies and that, in general, the Governor will now have to abide by the advice of the Executive Council on such matters. But the new Constitution will also enshrine a power for the Governor not to act upon Executive Council's advice "in the interests of good governance", or in relation to external affairs, defence, internal security (including the police), the administration of justice, audit, and management of the public service. Other important changes include: recognition is given to the Chief Executive as head of the public service, but under the authority and direction of the Governor; new provision is made for both a Public Accounts Committee and for a Complaints Commissioner; and it is in line with the provisions of the European Convention on Human Rights and of the International Covenant on Civil and Political rights. There are also some changes to who has Falkland Islands Status (which brings with it e.g. the right to vote) through the constitution – references to Commonwealth citizens are replaced by British citizens, British Overseas Territories Citizens will now have to apply for status rather than get it automatically on naturalisation/registration, and spouses will also now have to apply for status. 3.The 1999 White Paper on the Overseas Territories (OTs) committed the UK to reviewing constitutional frameworks with the Territories to ensure consistency with the principles that underlie the modern partnerships between Britain and the OTs. A Select Committee on the Constitution was formed in the Falkland Islands which met and consulted from its establishment in April 2000 until it produced its final report in April 2007. Negotiations then took place with the UK and final public consultation took place in the austral winter 2008.