A major step in clean up of public life in Turks and Caicos
14 Aug 2009
An Order in Council suspending ministerial government in the Turks and Caicos Islands came into force today. This will allow the Governor to put the Islands' affairs back in good order.The British Government today took a major step to clean up public life in the Turks and Caicos Islands, following the decision in the Court of Appeal in London on 12 August to dismiss a legal challenge to its plans.
FCO Minister, Chris Bryant, instructed the Governor of the Islands to bring into force an Order suspending ministerial government and the House of Assembly – among the main recommendations of Sir Robin Auld's Commission of Inquiry which was set up to look into possible corruption or other serious dishonesty by elected members of the legislature and which reported on 31 May.
Chris Bryant said:
"I welcome the decision on 12 August in the Court of Appeal to dismiss the appeal in the legal challenge to our proposed action to tackle corruption in the Turks and Caicos Islands. After careful consideration, I have instructed the Governor to bring into force today an Order in Council which will suspend ministerial government and the House of Assembly for a period of up to two years, to allow the Governor to put the Islands' affairs back in good order. The Order also suspends the constitutional right to trial by jury in the Turks and Caicos Islands which would provide the possibility in future of having trials by judge alone in the TCI Supreme Court in appropriate cases.
'This is a serious constitutional step which the UK Government has not taken lightly but these measures are essential in order to restore good governance and sound financial management. It remains our intentions that elections should be held by July 2011, if not sooner. It is also important that the people of Turks and Caicos Islands continue to have a voice in the interim and The Order puts in place an Advisory Council and Consultative Forum to make sure this happens.
The Governor and his advisors have much to do but I know that many people in Turks and Caicos Islands will welcome this move and have high expectations for the end outcome. I encourage them to work with the Governor to rebuild stability and confidence in their territory."
Gordon Wetherell, the Governor of the Turks and Caicos Islands said:
"With immediate effect, Ministerial government and the House of Assembly are suspended meaning that Cabinet will no longer exist and the House of Assembly is dissolved and Members’ seats are vacated. The constitutional right to trial by jury is also suspended with immediate effect. Shortly, I will also be appointing an Advisory Council and a Consultative Forum, both of which will be composed entirely of Belongers*.
This is not a 'British takeover'. I have appointed experts to work in areas of concern highlighted in the Final Report of the Commission of Inquiry, and the Turks and Caicos Islands public service will continue to exercise their normal functions. Public services will continue to be run by people of the Turks and Caicos Islands, as indeed they should be. But I hope we can now begin to run them better.
Our goal is to make a clean break from the mistakes of the past by establishing a durable path towards good governance, sound financial management and sustainable development. Our guiding principles will be those of transparency, accountability and responsibility. I believe that most people in the Turks and Caicos will join with me in welcoming these changes."
* A person who under the law of the Turks and Caicos Islands regulating immigration has the status of "Belonger", i.e. those most closely connected to the Islands.
Redacted version of the Commission of Inquiry final report (three PDF files)
The report has been published at the request of Gordon Wetherell, the Governor of the Turks and Caicos Islands.
Further information
Turks and Caicos Islands Commission of Inquiry
- Following allegations about corruption on the Islands, a Commission of Inquiry was set up in July 2008, under Sir Robin Auld, a retired English Court of Appeal judge, to look into possible corruption or other serious dishonesty in recent years of past and present elected members of the legislature. On 31 May 2009, Sir Robin delivered his Final Report to the Governor of the Turks and Caicos Islands. In that report, the Commissioner confirmed his interim findings that there was information in abundance pointing to a high probability of systemic corruption and/or serious dishonesty. In Sir Robin’s view this, together with clear signs of political amorality and immaturity and of general administrative incompetence, demonstrated a need for urgent suspension in whole or in part of the Constitution and for other legislative and administrative reforms.
- On systemic weaknesses, Sir Robin confirmed the recommendations in his Interim Report covering: Partial Suspension of the Constitution and Interim Direct Rule; Criminal Sanctions and Civil Recovery; Integrity in Public Life, Crown Land Allocation, Sale and Management; and a New Constitution. Some recommendations focus on deterring or preventing corruption and other serious dishonesty, while others look at the broader constitutional and statutory framework of governance. He recommends the appointment of an independent expert on the management and allocation of Crown Land as well as strengthening the Governor’s Office and Attorney General’s chambers.
- The Commissioner’s Final Report also makes preliminary findings, and recommendations including the institution of criminal investigations in relation to former Premier Michael Misick, and four of his former Cabinet ministers. It confirms the recommendation in the Interim Report for the establishment of a Civil and Criminal Recovery Unit and the appointment of a Special Prosecutor.
- Work had already begun to prepare the way for the implementation of Sir Robin's recommendations. For example, the Governor's Office has been strengthened over the past few weeks with a number of UK advisers. An Order in Council, prepared by the FCO, was made in March (Turks and Caicos Islands Constitution (Interim Amendment) Order 2009, S.I. 2009/701) that suspends Ministerial government, the House of Assembly, and the constitutional right to trial by jury . The Commission of Inquiry report listed a number of factors that could make a fair trial before a jury impossible. They include the risk of unfairness to any accused persons, as a result of the open nature of the proceedings before the Commission and the widespread public comment it attracted.
- The Minister has instructed the Governor to bring the Order into force today. The Governor now has charge of matters of Government subject to instruction by the Secretary of State.
- Initial work will focus on restoring sound public financial management, and developing measures to reduce public expenditure and increase revenue.
