| Constitution review period until May 3 | | Print | |
| Written by Richard Green/richard@fptci.com | |||
| Thursday, 10 March 2011 12:58 | |||
 A draft of the new Constitution has been released for public review and consultation with Foreign and Commonwealth Office representatives until May 3, after which U.K. ministers will make the final decision on what will be the new law of the land for the Turks and Caicos Islands. “I encourage all interested persons in the islands to participate in these meetings, which will inform our final decisions on the Constitution,” said Minister for the Overseas Territories Henry Bellingham. Meeting times and places had not been announced at press time March 9. “The draft Constitution contains measures to embed good governance and sound public financial management firmly in the Turks and Caicos Islands.” The U.K. government suspended parts of the 2006 Constitution in August 2009 after allegations of corruption in the government that had plunged the country deep into debt. Enactment of the new Constitution is one of the milestones announced by Bellingham in December that must be reached before the U.K. will set elections and allow return to local rule. The draft isn’t very different from the last set of recommendations made by adviser Kate Sullivan in November, but there are some changes involving the office of deputy governor and Belongership. Sullivan had first recommended that the deputy governor not necessarily be a Belonger. After widespread public complaints, she dropped that recommendation in November and said the office should be for Belongers only. However, the draft Constitution makes it possible for a non-Belonger to become deputy governor if “in the opinion of the governor, acting in his or her discretion, there is no such person (Belonger) who is suitably qualified and able and willing to be so appointed.” The path to Belongership remains the same with traditional methods of becoming a voting citizen, including by birth and marriage, but grants of Belongership to others will be made under an ordinance yet to be enacted. New Constitutional requirements would be that applicants be British citizens or British Oversees Territory Citizens who have held permanent residency certificates (PRCs) for at least five years or have been a legal resident for at least 10 years. Fewer than 100 British citizens hold PRCs. The draft Constitution also continues to omit the absolute right to a trial by jury in criminal cases in the Supreme Court. The interim government already has enacted a law saying that those accused of crimes will get jury trials unless the accused, prosecutors or judge can prove that a trial without a jury would best serve justice. Other changes in the draft Constitution:
The draft Constitution also includes a new voting method that allows first past the post selection of one island representative each from Providenciales, North Caicos, Middle Caicos, South Caicos, Grand Turk and Salt Cay. Then nine “at large” or territory members would be elected from the whole territory with a “compensating” mathematical formula that distributes those seats on a proportional basis. Written responses to the consultation can be sent to the Governor’s Office, Waterloo, Grand Turk, TCI, or by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Click here to read the draft ConstitutionClick here to read a commentary on the draft Constitution Click here to ready Sullivan's final recommendations Click here to read key features of the draft Constitution Click here to read Bellingham's Dec. 9 statement Hard copies of these documents are available from the Governor's Offices in Grand Turk and Providenciales.
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