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As this issue goes to press, the United Kingdom’s Minister for Overseas Territories, Henry Bellingham, is visiting the Turks & Caicos Islands (TCI) with a final draft of the new constitution. Following consultations in London in June, Bellingham has accepted a number of amendments to meet objections raised by local interests.
During earlier meetings in mid-May between TCI interested parties and the UK’s Foreign & Commonwealth Office (FCO), strong opposition had been expressed about proposed additional powers for the governor, changes to the means of obtaining ‘Belongership’, and alterations to the electoral system.
Following the consultations in June in London, Bellingham announced on 17 June that the UK was prepared to drop the proposal for “a mixed member proportional system” and to maintain the current electoral system under which all elected members of the House of Assembly are elected by first-past-the-post. However, he opted to move from 15 members elected in single-member districts to 10 members elected from single-member districts and five “at large” or territory-wide members. There would be a further four appointed members of the House of Assembly.
On term limits, the constitution will say that the Governor will not appoint as Premier a person who has held that office for two consecutive parliamentary terms unless at least one parliamentary term has expired since he/she last held office.
The question of increased powers for the Governor was one that had caused most concern among TCI politicians. People’s Democratic Movement (PDM) leader Douglas Parnell had described earlier proposals as creating “a complete and total constitutional dictator”.
In his 17 June statement, Bellingham said: “On the Governor’s powers, I firmly believe reserve powers should be increased in order to ensure the Constitution is sufficiently robust, to guard against a return to the situation that led to the Commission of Inquiry. Any decision to use such reserve powers would not be taken lightly. However, I am willing to accept the amendments agreed with my officials to require the Governor to consult the Secretary of State before exercising many of these powers, thus providing a check on the Governor in the exercise of his functions.”
The constitution will also confirm that the Deputy Governor will be a Turks & Caicos Islander.
Where the UK government has not been prepared to compromise is on enabling some trials to take place without a jury. In his statement, Bellingham said: “On the issue of trial by jury, I am not prepared to change the draft Constitution. I would like to reiterate that trial by jury is not being abolished. The relevant ordinance merely provides flexibility which it appears to the presiding judge that trial by jury would not meet the interests of justice. There is a similar provision in UK law.”
The Progressive National Party (PNP) won the most recent elections, in February 2007, with a landslide, taking 13 of 15 seats. However, following alleged corruption by the government of former Prime Minister Michael Misick, the UK assumed direct rule in August 2009.
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