THE CONSTITUTION OF MONTSERRAT
102. Not only must the source of development
funding be reconsidered. The Constitution of Montserrat has proved
unequal to the demands of this emergency. It was possible
for HMG to suspend the current constitution and introduce direct
rule. That option was not taken. Mr Savage explained
that direct rule was considered but that Ministers decided that
HMG would only move to direct rule "if (a) invited to do
so by the Government of Montserrat, (b) if it was not possible
to form a Government in Montserrat ... or (c) and quite importantly
if the elected representatives locally refused to measure up to
their responsibilities to the safety of the people of Montserrat".[161]
Baroness Symons believed that HMG needed "a very clear
reason" to impose direct rule. Even though a natural disaster
had occurred "the elected government was still fulfilling
their function".[162]
103. Months have passed in which overlapping
responsibilities have frustrated an effective response to the
crisis. The delicate balance in the Constitution between Governor,
Government of Montserrat and HMG, with repeated emphasis on consultation,
has merely meant there has been no one on island with full and
untrammelled executive control. In the current review of the
Dependent Territories the Constitution of Montserrat must be thought
through from first principles, with adequate provision for decision-making
in emergencies of this kind. A concern not to offend one or
other of the parties involved in these events has too often been
of greater importance than the welfare of Montserratians themselves.
161
Q.132. Back
162
Q.132. Back
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