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Turks and Caicos Islands (British Overseas Territory)

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Last reviewed: 24 September 2009

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POLITICS

Constitutional Status

On 14 August 2009, the UK Government instructed the Governor to bring into force an Order in Council (S.I. 2009/701) suspending certain provisions of the 2006 TCI Constitution, in particular the provisions relating to the Cabinet, which ceased to exist, and the House of Assembly, which was dissolved and its members’ seats vacated. These bodies were replaced by an Advisory Council and a Consultative Forum respectively, the members of which are appointed by the Governor.  The Governor now exercises executive and legislative functions  acting in his discretion, although he may consult the Advisory Council and the Consultative Forum, but is not bound to follow their advice or recommendations. In carrying out his functions the Governor can be instructed by one of Her Majesty’s Secretaries of State in the United Kingdom.

The Advisory Council consists of the Governor, Deputy Governor, the Chief Executive, the Attorney General and the Permanent Secretary (Finance), together with seven members, currently all Belongers, appointed by the Governor.  The Council gives advice to the Governor on formulating policy and carrying out his functions. It will normally meet every two weeks.

The Consultative Forum consists of the Chief Executive, the Attorney General and the Permanent Secretary (Finance), together with twelve members, currently all Belongers, appointed by the Governor. The Forum will meet when required to discuss legislative matters, policies, and proposals put to it by the Governor and other matters brought to it by its members, and may make recommendations on these to the Governor.  


Recent Politicial Developments


The last general election was in February 2007 when the governing Progressive National Party (PNP) were returned with 60% of the vote and 13 of the 15 seats in the House of Assembly.

On 10 July 2008, the then Governor appointed a Commission of Inquiry to examine whether there was any information that corruption or other serious dishonesty in relation to past and present elected members of the House of Assembly may have taken place since 1 January 2003. The Commissioner was Sir Robin Auld, a former Lord Justice of the Court of Appeal in England and Wales. On 16 March 2009 the Governor published the Commissioner’s interim report (www.tci-inquiry.org) in which the Commissioner stated that the written information and evidence obtained during the Inquiry had provided information pointing to a high probability of systemic corruption or serious dishonesty.  In Sir Robin Auld’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.

In a Written Ministerial Statement on 2 July 2009, the Minister for the Overseas Territories at the FCO informed the House of Commons that on 31 May, Sir Robin Auld had delivered his Final Report to the Governor.  In that report, the Commissioner had confirmed that nothing that had happened since he had submitted his Interim Report had prompted him to change his original view.  His close examination of the information and evidence before the Inquiry had reinforced, not weakened, his conviction of a need for urgent and wide-ranging systemic change.  

On systemic weakness, he 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 focussed on deterring or preventing corruption and other serious dishonesty, while others looked at the broader constitutional and statutory framework of governance.  He recommended 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 made preliminary findings, and recommendations including the institution of criminal investigations in relation to former Premier Michael Misick, and four of his former Cabinet ministers (Floyd Hall, McAllister Hanchell, Jeffrey Hall and Lillian Boyce).  It confirmed the recommendation in the Interim Report for the establishment of a Civil and Criminal Recovery Unit and the appointment of a Special Prosecutor.

On 14 August 2009 the Minister instructed the Governor to bring into force the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009. The Order was brought into force after the former Premier, Michael Misick, lost his appeal to the Court of Appeal in London on 12 August challenging the legality of the Order.(press release and redacted version of the Final Report:  www.fco.gov.uk/en/newsroom/latest-news/?view=News&id=20700728).

The Order in Council leaves in place important elements of the Constitution such as the fundamental rights chapter and provisions relating to the Governor, the courts and the public service, while removing the Cabinet, House of Assembly and references to Ministerial and related powers.  Powers and functions previously exercised by Ministers are now exercised by the Governor acting in his discretion, including in relation to public finances, legislation and necessary regulatory reform.  

Cabinet and the House of Assembly will be suspended for an interim period only. This will last no longer than it takes for the necessary reforms to be implemented, and to take effect.  The UK Government has said that  elections should be held by July 2011, if not sooner.


Elections

Prior to the suspension of the Constitution, the next elections would have been due to take place by July 2011.

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