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PDM, PNP offer joint report on Constitution PDF  | Print |  E-mail
Thursday, 23 September 2010 12:27

Just as the interim government’s advisor concluded a second round of public consultations, a commission representing both political parties has offered its suggestions for changes in the Constitution.

The Progressive National Party and the People’s Democratic Movement both refused to participate in adviser Kate Sullivan’s review and recommendations for constitutional and electoral reform, an exercise mandated by the U.K.’s Foreign and Commonwealth Office.

Instead they formed a joint commission that released its findings to the public on Wednesday, Sept. 22. The wide-ranging, thorough report addresses many of the suggestions in Sullivan’s first draft — rejecting, modifying or accepting some of her recommendations.

The report flatly rejects allowing anyone but Belongers the right to vote, but also calls for making the path to becoming a Belonger go through a nonpolitical committee.

Sullivan did not suggest allowing non-Belongers to vote unless the country did not create a transparent Belongership process before the next election. In that case, she said those holding Permanent Residency Certificates for more than 10 years — approximately 300 people — should be allowed to vote until a new process was in place.

As for methods of voting, the commission suggested further discussion and examination of two proportional voting methods proposed by Sullivan which would provide representation in proportion to votes cast, unlike the current first past the post method.

The report did not reject Sullivan’s suggestion that the absolute right to a trial by jury be removed from the Constitution, but it objected to a bill proposed recently that sets out the procedure for how that is decided in court.

“The bill before the Consultative Forum is far too vague far too generic in its terms and is open to serious abuse in a small jurisdiction, where the judge knows everybody that comes before him charged in any criminal matter,” the report said. It suggests that the bill be very specific about the circumstances.

The proposed bill allows a defendant, prosecutor or judge to seek a non-jury trial in the Supreme Court, with the judge making the decision. Either the defendant or prosecution could appeal the judge’s decision to the three-member Court of Appeal.

Sullivan rejected the idea of creating a second representative body, saying there already were too many members in the House of Assembly. But the joint commission recommends creating a Senate, in which its seven members must be at least 50 years old and be appointed by the governor.

“Each island will have a member in the Senate, with Providenciales taking an extra member, as, for various administrative purposes, Providenciales encompasses Pine Cay and West Caicos,” the report recommends. “The senator would be limited to serving one term, but that the Senate, by a qualified majority vote, on a motion duly made and formally seconded, may seek the extension of the term in case of a particular senator. Further, the people in the island that the particular senator represents may also call for the extension of his or her term by a petition signed by two thirds of the registered voters on that island.”

The commission also rejected Sullivan’s recommendation that the deputy governor not be restricted to Belongers, and would put the deputy governor in charge of the Cabinet, not the Public Service Commission as Sullivan suggested.

While Sullivan had proposed strengthening the governor’s power over the elected government, the commission recommended just the opposite:
“…the Governor’s role should be limited to representing Her Majesty the Queen to the people of the Turks and Caicos Islands. He should have the functions of the Queen in the United Kingdom; assent to bills, endorse appointments and terminations of ministers, declare the opening and closing of the Legislature.”

Sullivan suggested the governor enforce governance principles laid out by the Secretary of State, but the commission said the governor should not be the middleman in that process.

The commission also said the attorney general should not be required to advise the governor “outside his capacity as a member of the executive body.” That advice should come from the U.K. government.

In an area that Sullivan made no recommendation, the commission renewed a call from the 2002 Constitutional Commission for the enactment of Freedom of Information legislation.

Click HERE to read the commission’s full report.

Click HERE to read Sullivan's complete report on the governor’s Web site.

Click HERE to read the current Constitution.

 

 

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