Legislature of the Falkland Islands
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FALKLAND ISLANDS GOVERNMENT www.falklands.gov.fk/assembly Acknowledgements: A brief introduction into the The Jane Cameron Naonal Archives (Archivist—Tansy Bishop) Gilbert House Administraon Kristy Buckland Legislature of the Mr Speaker—Keith Biles Images : FIG & the Falkland Islands Museum and Naonal Trust Falkland Islands LEGISLATIVE Execuve Council Legislave Assembly The Committee System (Cabinet) (Parliament) Government commiees fall under the Commiees (Public Access) Ordinance 2012. 3 MLAs 8 MLAs Commiees are chaired by an MLA and have set Terms of References. Statutory SYSTEM Chief Execuve Chief Execuve commiees are legislated for within their Ordinances and advisory commiees make Financial Secretary Financial Secretary recommendaons to Execuve Council on policy maers relang to them. ASSEMBLY HE the Governor CBFSAI Standing Finance CBFSAI Aorney General Government Aorney General Services Stamp Advisory Health & Health & Medical Services COMMITTEE Social Vulnerable Persons Project Board Chief Execuve STRUCTURE Services Safeguarding THE Clerk of the Safeguarding Legislave Assembly Educaon Corporate Educaon Management Team Environment Police & Public Prerogave of Mercy Protecon Environmental Civil Service Commiees Planning & Building Development & Lands The Role of Executive Council Commercial Historic Buildings Services Each year the elected Housing Members of the Legislave Assembly (MLAs) elect three Public Works Transport Advisory of their number to the policy Mineral Resources making body of the Natural Fisheries Government, Execuve Resources Council. Only the three Agricultural Advisory elected MLAs are able to vote on Execuve Council. The Falkland Islands Government are shareholders within the following Boards and have a Execuve Council is chaired seat(s) on the board: by HE the Governor. Stanley Services Limited Board Membership also includes the South American Atlanc Services Board same ex‐officio members who sit on the Legislave Assembly and in addion the Aorney General and the Commander of Brish Forces South Atlanc Islands (CBFSAI) may aend and speak on any maer. FIG provide funding and have a seat(s) on the following statutory corporaons: Execuve Council normally meets monthly, but more oen if required. It is responsible Falkland Islands Tourist Board for the formulaon of strategy and policy, and for high level management decisions. Falkland Islands Development Board Falkland Islands Landholdings Board THE The Constitution The Role of the Legislative Assembly CONSTITUTION The Falkland Islands Constuon should always be an Though an Overseas Territory of the evolving document which sets out the system of United Kingdom, the Falkland Islands Government, provides fundamental protecons to enjoys a large measure of internal the individual, and guarantees the separaon of self‐government. powers between Legislave, Execuve and Judicial The Legislave Assembly is chaired by branches of Government. Mr Speaker and includes the 8 elected members, two ex‐officio members; the In 1982 it was badly out of date. An immediate post Chief Execuve and the Financial war review introduced the following amendment in Secretary: The Aorney General and 1985: Commander Brish Forces South Removal of nominated members from Legislave Council Atlanc Islands (CBFSAI) are also entled to aend meengs. Legislature elect 3 Members to Execuve Council The Legislave Assembly is empowered to pass legislaon for the peace, order and good Ex‐officio Members of ExCo become formally non‐vong government of the Falkland Islands, subject to the approval of Her Majesty the Queen, The elected members of the Legislave Council increased to eight; four for Camp acng through her Secretary of State for Foreign Affairs. Legislave Assembly meengs and four for Stanley are held in public, usually once a month. An elecon is held every 4 years to establish the elected members of the Legislave Further amendments in 1997 provided for: Assembly. There are two constuencies; 5 members represent Stanley and 3 represent The introducon of a Speaker to replace the Governor as presiding officer in the Camp. All members are elected as independents as there are no polical pares Legislature therefore there is no formal opposion. Legislave Council changed to three Camp members and five Stanley members. Upon elecon each MLA takes responsibility for a parcular porolio and works closely Further amendments in 2008 followed and the key developments were: with the relevant departments and government commiees but does not have the role Placing the universal right to self‐determinaon into the body of the Constuon, of a Minister; instead, quesons of policy are considered by the Execuve Council. along with confirmaon that the natural wealth of the Islands belongs to the Government and people of the Falkland Islands A full review of the fundamental rights and freedoms in accord with the European Convenon on Human Rights, including introducon of the right to marry and the right to educaon Clarificaon of the routes to Falklands Status, and requiring a prior Brish qualificaon instead of Commonwealth Redefining the role of the Governor, requiring him to act upon the advice of Execuve Council except in a very few well defined circumstances, and following due process Legislative Meetings Creaon of the Public Accounts Commiee Creaon of the Role of Complaints Commissioner The first meengs were held in Government House. In modern mes the Legislave Improving the independence of the Government audit funcon. Assembly meet in the Court and Assembly Chambers in the Town Hall. The meengs are recorded and aired live by the local radio staon, Falklands Radio. Meengs are also Renaming the legislave branch as the Legislave Assembly. Connuing to review and update the Constuon is an important part of an MLA’s role. It requires a full occasionally recorded and broadcasted by the local television channel FITV. understanding of democrac processes and the principles of good governance. It The Members sit in a horseshoe opening towards the public gallery. The public can aend sets the tone and direcon for primary legislaon, and lays the foundaons for but are not permied to speak. The Speaker heads the table flanked by the Clerk of the internal self‐government to the fullest extent possible. Assembly and the CBFSAI. Mixed on both side are the ex officio members, and then the MLAs. The Chambers are adorned with the portraits of previous Governors and the Queen’s portrait takes pride of place above the main dais. LEGISLATIVE The Portfolio System Clerk of the Legislative Assembly MLAs are responsible for each porolio and are assigned a deputy, please see pages 5 & The role of Clerk is a role that has existed for almost as long as the Council/Assembly 6 for a breakdown of individual porolios. itself. The first was a man by the name of J H Slaughter. He was soon replaced by As a group they are also responsible for the Policy and Public Relaons Porolio which Longdon, who had arrived in the Islands with Dr Hamlin in 1844. His detailed hand covers: wrien minutes are impressive. The work of the Clerk over the Reputaon Management years fills the archives, from minutes to preparing papers and ASSEMBLY UK Relaonship managing the administraon and making sure that processes are Sovereignty followed. Internaonal Meengs The Clerk of the Council unl the early 90’s were civil servants Internaonal Obligaons who were allocated the work. However as the work grew, it Public Diplomacy became more of a substanve post. In 2009, the post switched Policy name alongside the change in the Constuon, so the Clerk of STRUCTURE Public Relaons and Media Councils became the Clerk of the Legislave Assembly. Since Communicaons Strategies (MLA Roberts and MLA Bragger) 1994, the role has been held by a female, prior to this the post Brexit/European Union (MLA Barkman and MLA Edwards) was tradionally male. From the very first meeng, the Clerks have kept records of the minutes from the Legislave meengs, Select Commiees and Execuve Council. They prepare the paperwork for the meengs as well as its archiving. They are also the ‘care takers’ of the Assembly, ensuring that Members have all the informaon they need. The records of the Legislave meengs are sent to the House of Lords in the UK for archiving. The Legislative Office The Assembly is based in what is now known as Gilbert House. Originally it was named Dockyard Coage, but was later nicknamed by Austen Woodgate. The building is one of the oldest in Stanley although its exact year of construcon is not known. The building was originally one large room that was used for immigrants, but was then converted to a storeroom. In 1848 it was used as accommodaon for the The Public Accounts Committee Government Pilot and then converted again as a school. It was renamed the Victoria The Public Accounts Commiee is responsible for scrunising, examining and reporng on Coage Home for the sick and infirm, and then during World War One was the all public accounts and audit reports that are required to be laid before the Legislave headquarters for the Falkland Island Volunteers. During World War Two it was the home Assembly. The PAC report on their acvies to the Legislave Assembly at least annually, of Austen Woodgate, the Colonial Engineer. He was a keen fan of Gilbert and Sullivan and, but are not subject to the direcon or control of any other person or authority. since there was already a Sullivan House in Stanley (now the Home of the Chief Execuve), he renamed the coage Gilbert House ‐ a name that has stuck unl this day. Currently MLA Pollard and MLA Elsby sit as the two elected members to the PAC. It was in the early 1990’s that Gilbert House became the Offices of the Legislave Council/ Assembly. The building consists of a recepon, offices for the Clerk and the Personal Assistant, three shared office spaces for MLAs, a casual meeng room and a formal meeng room. LEGISLATIVE The Speaker The Process of Passing Bills The posion of “Speaker of the House” (the presiding officer over the proceedings of the Has it been gazeed? Legislave Assembly) was established by an amendment in 1997 to the original No Yes Constuon of 1985, although the first Speaker was not elected unl 2002.