FINN (COM) DAILY RECORD: 17 DECEMBER 2003
With Relevant Articles from FIBS
Compiled by J. Brock (FINN)
CONCLUSION OF THE OVERSEAS TERRITORIES CONSULTATIVE COUNCIL (10/12/03)
Event: Overseas Territories Consultative Council
Location: London
Speech Date: 10/12/03
Speaker: Bill Rammell
I welcome the discussions that we had on Monday, particularly on the role of Governors and the need to clarify our mutual responsibilities in the constitutional review process. I want to underline the message that I sought to put across.
The 1999 White Paper set out the balance in our mutual relationship. It talked in terms of mutual responsibilities and obligations but said that the UK has the right to expect high standards of probity, governance and adherence to international obligations - and to minimise the extent to which the UK is exposed to contingent liabilities. This is what we expect Governors to monitor and, if necessary, to ensure.
This is why there have to be discussions on the implementation of each of your constitutional reviews. We welcome the fact that these reviews are, for the first time, locally driven but, once completed, there must be consultation with us. We have to retain reserved powers. We also need to protect key values, such as the political impartiality of the civil service (including the police) and the independence of the judiciary. UK Ministers have maintained this line consistently at all previous OTCC meetings and in discussions with you. It is not a new - or revised - message. Some of you have argued that the Governor should not chair Cabinet or Executive Council. I remain convinced, however, that Governors should be involved at an early stage in the decision making process and therefore that, where Governors chair such bodies, they should continue to do so.
I fully acknowledge that this balance needs to be handled sensitively. Governors do consult you all the time and it is right that they should. Governors are bound by the collective responsibility of Executive Council. But they have to have reserved powers to intervene when good governance is being, or could be, undermined or when international obligations are not being met. The occasions on which such powers are used are few and far between - and only in exceptional cases. Our mutual, shared aim must be, where necessary, to improve standards of government in all respects.
You have argued that responsibility for the public service should rest not with the Governor but with independent Public Service Commissions. In most territories, such Public Service Commissions already exist - and generally Governors accept their recommendations. But the Governor will have to retain ultimate discretion, particularly over key appointments even where there is full consultation with Chief Ministers.
But this does not mean that you should be or indeed are completely divorced from responsibility for the civil service, including the police, and the administration of justice. These are important sectors of government and their efficient management and resourcing (including funding) is a matter in which you are rightly involved and on which you are regularly consulted by Governors. In all territories, you have a significant degree of control over your own affairs.
You have a strong case, however, for arguing that we should involve you more closely at the earliest possible stage in the negotiation of international agreements which might affect you. Other Whitehall departments are not necessarily as alert as they should be to potential implications for the territories. As I have said, Jack Straw and Hilary Benn jointly minuted their Cabinet colleagues in September to stress the importance of this. We shall continue to remind other departments to ensure that you are consulted where possible before entering into the negotiation of international agreements.
We spoke over lunch on Monday about contingent liabilities. Because we have overall responsibility for the territories whilst they retain the link with the UK - and because the world will look to us if ever there is a crisis in an Overseas Territory - we have to be able to ensure that your Governments pay proper attention to risk management and that contingency plans against natural and man-made disasters are prepared and regularly exercised - and that your international obligations are properly met. Risk management is important to all territory governments.
The same principle applies in our approach to borrowing. We accept that borrowing and private finance initiatives are legitimate tools of economic management. You are right to say that we deny direct legal liability unless we guarantee a particular loan. But there will always be a moral pressure on us if things go seriously wrong, particularly if territories risk slipping back to a position where budgetary support may have to be revived.
We think it important - and see it as a requirement - that all territories, where they have not already done so, adopt prudent borrowing practices and that they are agreed with us. The ratios and guidelines that we have advanced are sensible practice and we aim to develop similar guidance on private finance initiatives. But the principle is clear - so long as your economies are healthy and your financial management procedures, including the evaluation of projects, are sound, we have no reason to interfere: it is only when territories approach or go beyond the borrowing ratios that we need to be involved.
The same applies to membership of regional organisations. As a general principle we support membership (or associate membership) when territory governments consider this to be beneficial and there are no legal complications. But for that, it is for the territories themselves to weigh up the costs against the benefits of membership (or associate membership). But where there may be direct cost implications to the UK, eg in Montserrat's proposed membership of CSME, then the issue has to be considered between us. And that is why, since we are responsible for the territories' international commitments, we still require you to seek an entrustment before you enter into negotiations on an international treaty.
Our approach to the role of Governors and constitutional reform is based on the principle of partnership. The concept of free association advanced by the UN C24 Committee is not inconsistent with that if it means mutual acceptance by both sides - because we, as the UK Government, have responsibilities to protect. But if, as I sensed it was being argued by some territory governments after the Anguilla seminar, it means freedom for territories to draw up their own Constitutions free of outside interference, then that is not on.
We value our relationship with the territories. It is a matter of pride that you and your citizens wish to retain the link with the UK. I am pleased that some of you have expressed your own pride at being British Citizens. Certainly, we do not wish to force you into independence (although we shall respond positively, where this is an option (ie not Gibraltar) if that is the clear and constitutionally expressed wish of the people) - and we respect the fact that some of you may have independence as a long-term objective. But whilst the territories retain a link with us, the governance of the territories must be a partnership between us. Governors have a crucial role to play in this, in partnership with you. Ours is a joint endeavour for the benefit of all.
FIBS NEWS DIRECT: WEDNESDAY, 17 DECEMBER 2003
ARGENTINE/BRITISH CONTACTS FROSTY BIALZA SAYS:
The Argentine Foreign Minister says the atmosphere of talks with the UK is below zero degrees. In an interview with Clarin Newspaper published on Saturday. Raphael Bialza said the two countries were talking about the issues of fisheries, Nuclear Weapons on warships headed for the Falklands war and flights from Argentina to the Islands. Asked what would be done on each of these issues he said that what needs to be done will be done. He did not want to announce anything in advance but we shall be making decisions. He added that the atmosphere of the talks is below zero. Mr. Bialza also said that Brazilian Defence Minister Jose Viegas had offered a message of solidarity with Argentina but added that it is an issue that will be kept on a bilateral level. For the time being they don’t want this to become a multi-lateral issue.
WAR MEMORIAL SHOULD NOT BE A NEGOTIATING TOOL:
Councillors last night ruled out the possibility of using the Argentine War Memorial as a bargaining tool in the dispute over charter flights, at least for now. At the public meeting, Cllr. Mike Summers told members of the public that what they had not wanted to do is to play tit for tat with the memorial. We should know within a week or two the response on Charter flights. But their judgement has been that it’s too early to start playing that card. He also said he didn’t think the weekly LanChile Flights would be threatened in the dispute because it was written into an existing agreement, which is something the Argentine Government tended to honour. Councillor Richard Cockwell added that the Foreign Office had been very firm. The Minister had made it very clear that they are not going to any negotiating table until the ban on Charter Flights is still a threat. He said Councillors are very firm and know what their rights are and that is what they stick to.
MIKE BINGHAM CASE:
Councillors also spoke about the Mike Bingham case, only to say they are not ready to talk at length about the issue in public. Councillor Mike Summers said that there are a number of issues that need to be discussed in public and that should be after proper consideration because they are issues that go to the core of our immigration policy and they need to be considered at length and rationally. But he did discuss the possibility that the Government would appeal against the decision made by Chief Justice James Wood to overturn its decision to refuse Mr. Bingham Falkland Islands Status. He said the law is not necessarily precise and it can be interpreted by any number of people in different ways. The Fact that the Attorney General didn’t advise us when we were about to do something unconstitutional, is not necessarily a hanging matter. Just because some judge somewhere said it’s illegal, doesn’t mean it is illegal because you can appeal. He said that’s not necessarily what’s going to happen here but it was possible.
SAFETY FEARS OVER ONE-WAY SYSTEM:
EXCO is to discuss the Ross Road Clearway when it meets tomorrow. But a paper from the Chief of Police, Road Engineer and Planning Officer says the introduction of a one-way system using John Street would be unsafe. They were asked to consider the possibility of a trial one-way system being introduced on 01 February. But the experts are concerned that the road is too narrow to cope with the volume of traffic that would be generated by a one-way system, and that it would be more dangerous than Ross Road because it has cross-roads rather than “T” Junctions. The topic was also under discussion at last night’s Public Meeting where Shula Phillips told Councillors that she had received no reply to her letter or petition against the clear-way. Members of the public floated suggestions ranging from park and ride to a car-park on Victory Green and even a total ban on cars in Stanley. But Councillors say they will debate all the issues in meetings this week. They also confess that they weren’t sure whether the clear-way was supposed to operate on public holidays and agreed to clarify the situation.
CIVIL SERVICE CODE:
Also at the public meeting last night Dr Barry Elsby raised concerns about the civil service code and the right of Government Employees to criticise FIG. Councillors defended the code because employees are only bound from publicly criticising their own department and not other Government Departments. They said there were internal methods for dealing with grievances within an individual’s own department.
YELLOW LINE:
If you are wondering why a yellow line has just appeared at the east end of the Town Hall, wonder no more. An official explanation issued by PWD says the decision to install a yellow line was made after a request from the Chief Police Officer. He had received complaints from people using the parking places opposite that it was difficult to park when vehicles in the area now covered by the yellow line. In this case, EXCO didn’t need to approve the installation of the line because it was already designated as a no waiting area, being within 15 metres of a junction. The explanation was issued after Cllr. John Birmingham submitted a written question on the matter to Cllr Roger Edwards, who is Chairman of the Public Works Committee.
DEATH NOTICE:
It is with sadness that we report the death of Keith Summers at the age of 77. The Family say he passed away at his home in the UK yesterday after a short illness. He is survived by two sons and two daughters and a sister who lives in Southampton.
LEGCO:
This month’s meeting of Legco is set to happen on Friday starting at 1030. It should be a fairly short session as there are only three bills to be passed and two questions up for oral answer. Perhaps the highlight will be the swearing in of the new Commander of British Forces, Commodore Lacey, who arrived in the Islands last week.
COMMITTEE MEETINGS:
There are only two more committee meetings due to take place this week. Thursday at 1500 Standing Finance Committee is meeting in the Liberation Room. And, slightly earlier than usual on Friday, the Education Board is meeting at 0800 in the Education Office on Ross Road.
BOXING DAY RACE:
We are all used to the Boxing Day races but there will be one with a difference this year. The Globe is organising a charity pram race around town to raise money for the Stephen Jaffray Memorial Fund. Everyone is welcome to join in as Julie Clarke (JC) explains.
JC: It’s something that we used to do every year, usually in September, and it used to be for the Darts Club but there wasn’t a whole lot of support there so we decided to do it this year on Boxing Day for a very good local charity – the Stephen Jaffray Memorial Fund – and it’s a pram/cart race, teams of three, £2.00 per person entry and they can enter by calling 22703 at the Globe. Fancy Dress is optional but it adds to the fun. The prizes are First, Second and Best Fancy Dress. Every team must carry a bucket or container for collecting money on route. The route is all the watering holes in Stanley basically but they will be given the route and the rules on the day. The start time is 1230 and teams need to be at the Globe by midday. Every team member must have a drink at every watering hole. It doesn’t matter what it is but they must drink something and a team member must be in the pram or cart at all times when they are on the move. As long as it isn’t peddle powered or motor powered, they can use it. It’s a really worthwhile charity and its helped a lot of families in the last year. Come along and have some fun.
SANTA VISITS:
Today on the West children will have a special visitor. Santa’s flying in by helicopter to a variety of places including Port Edgar, Port Stephens and South Harbour before stopping for lunch at Fox Bay. After Lunch, Santa’s keeping to his busy schedule and flying on to Chartres, Hill Cove and Port Howard.
HARBOUR NEWS:
Things are starting to pick up in the Harbour with the arrival of one Jigger, Chance 501, to pick up a licence. She has come from Peru and is carrying a consignment of Inca Cola for the Seafish Chandlary. Once she has picked up her licence, she will head north to fish on the high seas. The remaining vessel in the zone, the longliner, Insung 66 is on her way to Berkley Sound to tranship to the reefer, Arcadia, which arrived today. There is also one jigger waiting to tranship.
(100X Transcription Service)
