Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7), left, and Governor Daniel Pruce. The House of Assembly (HoA) wants Governor’s Reserved Power removed from the Constitution. Photo: GIS/File

Elected Members have agreed that responsibility for external affairs in areas already delegated to the Premier under section 60(4) should be fully devolved, with Puerto Rico and the Dominican Republic added. Photo: GIS/File

One of the areas that both the Lisa E. Penn-Lettsome-led Constitutional Review Commission and the House of Assembly (HoA) have agreed on, for the most part in their reports, is that a non-elected United Kingdom Governor should not have so much power in a modern democracy. Photo: symbolsusage.com

The Constitutional Review Commission recommended a limited package of reforms: (a) add Puerto Rico to the list of external relationships covered by a Letter of Entrustment; (b) remove the ouster clause in section 40(6); (c) consider adopting a “Statement of Partnership” outside the Constitution; (d) require consultation with the Minister responsible for Finance before use of the Governor’s power under section 103 to withdraw monies from the Consolidated Fund; and (e) amend section 81(6) to require consultation with the Premier prior to the Governor exercising discretion under that subsection.

The HoA Committee of elected Members supported elements of the Penn-Lettsome package but adopted a broader devolution position. They hope this will be granted via Constitutional amendments from the negotiations in London.

Elected Members agreed that responsibility for external affairs in areas already delegated to the Premier under section 60(4) should be fully devolved, with Puerto Rico and the Dominican Republic added.

Remove powers from unelected Governor

The HoA Committee of the whole House wants internal security, terms and conditions of the public service, and the administration of the courts to be removed from the Governor’s special responsibilities.

In the upcoming London negotiation, elected members want the ouster clause in section 40(6) removed, stripping unelected Governors of hiding under the phrase ‘not prejudicial to the interest of His Majesty.”

Furthermore, elected members in their report want the Governor’s power to withdraw monies from the Consolidated Fund to be removed (rather than simply made subject to consultation); and section 81, which has to do with one man having reserved power, be removed entirely.

Rationale by elected members

Members considered that the Governor’s reserved and special responsibility framework should be revised to better reflect devolved self-government and to place substantive responsibility for domestic governance with elected institutions.

Members considered that the reforms agreed under this recommendation would strengthen democratic accountability by ensuring that responsibility for domestic governance rests primarily with elected institutions.

Elected Members also treated section 81, which enables a Bill to have effect without passage by the House in defined circumstances, as inconsistent with modern democratic expectations and agreed it should be removed.

The aim in the negotiations is to have all the Governor’s reserved powers transferred to the devolved Government of the Virgin Islands.