MercoPress. South Atlantic News Agency

New Falklands' constitution changes role of the Governor

"The colonial governor is long gone" said HE Gov. A. Huckle

WITH the new Constitution Order approved by Her Majesty the Queen in the Privy Council last week and due to come into effect on January 1, 2009 the role of the Falkland Islands Governor is set to change.

He will now have to accept the advice of Executive Council on all matters, except those pertaining to external affairs, defence, internal security including the police, the administration of justice, audit and appointments to the public service, discipline and management of the public service in terms of good governance. The Governor, however must report to the Secretary of State and convey the views of ExCo on matters. Previously he could ignore the advice of Executive Council if he saw fit. "The whole thrust of the 1997 White Paper was that elected members in the Government should be responsible for the territory concerned," said Governor Huckle. He added that ever since he had been in the Islands he had seen it as part of his role to encourage that process and had passed on the task of reporting out of ExCo to an elected member soon after his arrival. "It works well, it is for Councillors to justify their decisions," he said, adding that he had played a role in ensuring that it was also the thrust of the New Constitution. He said London sees the role of the Governor differently now: the days when people could go up and ask about housing applications are long past. The Governor is now viewed as a fail safe device, there to protect the independence of the judiciary and the administration of justice. Governor Huckle said the same goes for the public service of which the Chief Executive is the head, but under the direction of the Governor. The reason the Governor gets involved in appointments and discipline is to protect the impartiality of the civil service. "That's the long established British system," he said. Within the new Constitution are the appointments of the Public Accounts Committee and the Complaints Commissioner which the Governor said are important steps forward. Legislation will have to be brought in for both, and active discussions are under way as to how they should be set up The new Constitution is a significant step towards greater self governance of the territory by elected representatives and the Falklands cannot now be portrayed as a colonial situation; the colonial Governor is long gone, said Governor Huckle. Last week the Argentine Government lodged a protest note about the new Falklands Constitution. "It can't have taken the Argentine Government by surprise," said Mr Huckle. "The Argentine Government likes to portray this as a bilateral issue between the Argentine and British Governments, whereas the UK Government clearly has another partner in this which is the Falkland Islands Government and the Constitution recognises this. We do not rule the Falkland Islands in an arbitrary or colonial way, nor do I think we did in the height of the colonial system." That they have protested is part of their current system of seeking to protest about the sovereignty issue that the UK Government is perfectly clear on, said Governor Huckle, adding that a response will be made to the protest. Penguin News