FOREIGN AND
COMMONWEALTH OFFICE News Release issued by COI News Distribution
Service. 6 November 2008
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."
Note for editors
1. 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.
Contact for Falkland Islands Government: Councillors Office in
Stanley 00 500 27451 or e mail: clerkofcouncils@sec.gov.fk
FCO Press Office: 020 7008 3100
Website: http://www.fco.gov.uk/news
Press Office, Downing Street (West), London SW1A 2AL