Letter to the Second Clerk from Richard
Cooke, Head, Parliamentary Relations Team
OVERSEAS TERRITORIES: REQUEST FOR FURTHER
INFORMATION
Thank you for letter of 25 January in which
you requested information on British Government appointments to
the Overseas Territories and on the UK's agreement with the US
on Diego Garcia.
BRITISH GOVERNMENT
APPOINTMENTS TO
THE OVERSEAS
TERRITORIES
I attach a list of official appointments in
each Overseas Territory which have involvement of UK Ministers.
Constitutionally, in relation to the appointments set out in the
list, Her Majesty and the Secretary of State are acting in right
of the Territory concerned, and not on behalf of the United Kingdom
Government. But we understand that the Committee is interested
in posts where British Ministers are involved in the appointment.
The list includes Governors and other public or judicial appointments
that you said the Committee were interested in. You should note
that from now on, when looking to fill Governor positions, the
posts will be advertised to all FCO staff and through Whitehall
inter-departmental trawl in line with policy on all FCO appointments
in the Senior Management Structure grade.
DIEGO GARCIA
The committee have asked for confirmation that:
(i) the use of Diego Garcia by the US will automatically continue
beyond 2016 unless either the UK or US gives notice that they
no longer want this arrangement to continue and (ii) that it would
be sufficient for the agreement to expire if only the UK were
to give notice that it wished to terminate it. The Committee has
also asked for information on the form in which this notice would
have to be given.
The 1966 Exchange of Notes by which the British
Indian Ocean Territory was set aside for the defence purposes
of the UK and the US will continue in force for a further period
of 20 years beyond 2016, unless it is duly terminated. However,
the UK and US would of course continue to consult closely on their
mutual defence needs and expectations well in advance of that
time. The 1966 Exchange of Notes may be terminated by either Government
giving notice of termination, in accordance with its terms. The
form of such notice would most appropriately be a formal diplomatic
note or letter from one Government to the other.
FAC: OFFICIAL APPOINTMENTS IN THE OVERSEAS TERRITORIES
ANGUILLA
Governor
(a) name and title of the appointment
Andrew George, Governor in and over Our Territory
of Anguilla
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Deputy Governor
(a) name and title of the appointment
Stanley Reid, Deputy Governor of Anguilla
(b) person and/or bodies responsible for making
the appointment
The Governor makes the appointment, "in pursuance
of instructions given by Her Majesty through a Secretary of State"
(Section 19A(1) of the Anguilla Constitution Order 1982)
(c) terms and conditions for the appointment
The Deputy Governor is paid a salary by the Government
of Anguilla, which started at EC$160,000 per annum, with provision
for increments, and benefiting from pay increases awarded to the
Anguilla Public Service. The Deputy Governor assists the Governor
in the exercise of his functions relating to matters for which
he is responsible under the Constitution.
(d) length of the appointment
Constitutionally, the Deputy Governor holds office
"during Her Majesty's pleasure". The incumbent (the
first Anguillian to hold the office) has been appointed on contract
for a term of five years.
(e) procedure for terminating the appointment
The Governor acting in his discretion and for cause
may at any time terminate the engagement of the Deputy Governor
by giving him three months notice or paying him three months salary
in lieu of notice. The Governor may terminate the engagement forthwith
if the Deputy Governor willfully neglects or refuses or for any
cause (other than ill-health not caused by his own misconduct)
becomes unable to perform any of his duties or fails to comply
with any order or instruction given by the Governor, or discloses
any information reflecting the affairs of the Government to any
unauthorised person or in any way misconducts himself.
(f) how the appointment was made/advertised
The appointment was made following an open competition.
The position was widely advertised within Anguilla, and to Anguillian
communities overseas. Interviews were conducted by a panel including
independent persons from the local community.
BERMUDA
Governor
(a) name and title of the appointment
Sir Richard Gozney, Governor and Commander-in-Chief
of Bermuda
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Prime Minister
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Deputy Governor
(a) name and title of the appointment
Mark Capes, Deputy Governor
(b) person and/or bodies responsible for making
the appointment
Appointed by the Governor on instructions of Her
Majesty through the Secretary of State (Section 18(1) of the Bermuda
Constitution Order 1968)
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3-4 years
(e) procedure for terminating the appointment
By the Governor under FCO Terms and Conditions
(f) how the appointment was made/advertised
Open Competition within the FCO and Civil Service
BRITISH VIRGIN
ISLANDS
Governor
(a) name and title of the appointment
David Pearey, Governor in and over Our Territory
of the British Virgin Islands
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Deputy Governor
(a) name and title of the appointment
Elton Georges CMG, OBE, Deputy Governor
(b) person and/or bodies responsible for making
the appointment
Appointed by the Governor designated by Her Majesty
"by instructions given through a Secretary of State"
(Para 36(1) of the Constitution)
(c) terms and conditions for the appointment
The office is held "during Her Majesty's pleasure".
The practice in the BVI is that the Deputy Governor is established
as a public service post. Appointments to this post have, in the
past, been both on permanent and pensionable terms and on fixed
term renewable contracts. Elton George's current appointment is
on the latter terms. Salary and allowances paid are allowed for
in the BVI Government budget. The job is currently grade 21 (the
highest) in the BVI public service.
(d) length of the appointment
The length of appointment varies and, if on permanent
and pensionable terms, can be for as long as the incumbent renders
satisfactory service. The contractual appointments are for the
specified term, subject to good performance. The last one was
for three years and the present incumbent, Elton Georges, holds
an interim "bridging" appointment for one year.
(e) procedure for terminating the appointment
An appointment held during Her Majesty's pleasure
can be terminated at any time, given reasonable notice. In BVI
practice, the first two Deputy Governors were tenured public officers
and retired from office on reaching the normal retirement age
of 60. The appointment of those on contract are terminated in
accordance with the provisions of the contract, which always includes
a clause that it can be terminated giving three months notice
on either side or a suitable payment in lieu.
(f) how the appointment was made/advertised
The current constitution requires that the postholder
be a Virgin Islander as specified in para 65(2). The post is normally
advertised in local publications and on the relevant Government
website. Then the Governor, consulting as he/she sees fit, selects
a preferred candidate to recommend to the Secretary of State.
If advertising does not identify candidates with the right qualities,
direct approaches are made to suitable candidates.
CAYMAN ISLANDS
Governor
(a) name and title of the appointment
Stuart Jack, Governor in and over Our Territory of
the Cayman Islands
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Judges of Court of Appeal
(a) name and title of the appointment
Judges of the Court of Appeal
(b) person and/or bodies responsible for making
the appointment
The Governor, acting in his discretion, by instrument
under the public seal and in accordance with such instructions
as he may receive from Her Majesty through a Secretary of State.—Section
49B of the Constitution.
(c) terms and conditions for the appointment
In accordance with the Constitution and instrument
of appointment.
(d) length of the appointment
The Judges of the Court of Appeal are appointed for
such a period as may be specified in their respective instruments
of appointment and they can only be removed from office for inability
to discharge the functions of office or for gross misconduct.
(e) procedure for terminating the appointment
A Judge of the Court of Appeal can be removed from
office by the Governor, acting in right of the Cayman Islands,
by instrument under the Public Seal if the question of the removal
of that judge has, at the request of the Governor, been referred
by Her Majesty to the Judicial Committee of Her Majesty's Privy
Council under section 4 of the Judicial Committee Act 1833 (or
any other enactment enabling Her Majesty in that behalf), and
the Judicial Committee has advised Her Majesty that the judge
ought to removed from office for inability or misconduct.
Where the Governor considers that the question of
removing a judge of the Court of Appeal from office ought to be
investigated, he is required to follow the procedure set out in
section 49C(4) of the Constitution, that is:
— he shall appoint a tribunal consisting
of a Chairman and not less than two other members selected by
the Governor from among persons who hold or have held high judicial
office;
— the tribunal shall inquire into the matter
and report on the facts to the Governor, and advise him whether
he should request that the question of the removal of that judge
should be referred by Her Majesty to the Judicial Committee; and
— if the tribunal so advises, the Governor
shall request that the question should be referred accordingly.
Where the question of removing a judge has been referred
to a tribunal, the Governor may suspend the judge from performing
the functions of his office. Any such suspension however, may
be revoked by the Governor and in any case, shall cease to have
effect if the tribunal advises the Governor that he should not
request that the question of removal be referred to by Her Majesty
to the Judicial Committee or the Committee advises Her Majesty
that the judge ought not to be removed from office.
(f) how the appointment was made/advertised
For the position of Justice of Appeal, the Governor
may receive recommendations from members of the judiciary and
the legal fraternity on possible candidates based on their qualifications
and judicial experience. The positions may also be advertised.
Candidates are interviewed.
THE FALKLAND
ISLANDS
Governor
(a) name and title of the appointment
Alan Huckle, Governor in and over Our Territory of
the Falkland Islands and Commissioner for South Georgia and the
South Sandwich Islands
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice on the advice of the Secretary
of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Chief Justice
(a) name and title of the appointment
Christopher Gardner QC, Chief Justice of the Supreme
Court of the Falkland Islands
(b) person and/or bodies responsible for making
the appointment
The Governor makes the appointment "in pursuance
of instructions given by Her Majesty through the Secretary of
State" (Section 79(1) of the Falkland Islands Constitution
Order 1985)
(c) terms and conditions for the appointment
The Chief Justice is paid a salary based on that
of a Court Circuit Judge in England and Wales by the Falkland
Islands Government (FIG) whilst in the Falkland Islands. FIG provides
also provides travel and expenses to and from the Falkland Islands,
as well as accommodation, medical and transport while here. In
addition, the Chief Justice receives payment at the current hourly
rate of a Circuit Judge of England and Wales for all time spent
outside the Falkland Islands on matters related to Falkland Islands
cases.
(d) length of the appointment
The length of the appointment is specified in the
instrument of the Chief Justice's appointment to that office.
In the case of the present incumbent this is April 2015.
(e) procedure for terminating the appointment
Section 81(6) of the Falkland Islands Constitution
Order 1985 provides that the Governor may suspend the Chief Justice
if the question of removing the Chief Justice from office has
been referred to a tribunal in accordance with section 81(4) (Section
81(4) permits the Governor to appoint a tribunal to inquire into
the matter of removing the Chief Justice for reasons of inability
(whether of body or mind) or misbehaviour, if the Governor considers
that the question of removal ought to be investigated. If the
tribunal advises that the question should be referred by Her Majesty
to the Judicial Committee, the Governor shall request that the
question be referred accordingly).
Section 81(3) provides that the Chief Justice shall
be removed from office by the Governor if the question of removal
of that judge from office has, at the request of the Governor
made under subsection (4), been referred by Her Majesty to the
Judicial Committee of Her Majesty's Privy Council under section
4 of the Judicial Committee Act 1933 (or any other enabling enactment),
and the Judicial Committee has advised Her Majesty that the judge
ought to be removed from office for inability or misbehaviour.
It should be noted that subsection 81(7) provides
that the powers exercised by the Governor under section 81 are
exercised in the Governor's discretion (ie the Governor is not
obliged to consult Executive Council in relation to that exercise
of powers; reference section 61). The Governor is acting in right
of the Falkland Islands in carrying out these functions.
(f) how the appointment was made/advertised
Open Competition. Job advertised in the Times and
Law Gazette.
GIBRALTAR
Governor
(a) name and title of the appointment
Sir Robert Fulton, Governor and Commander-in-Chief
in and over Gibraltar
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO candidates and opened to MoD
& /Cabinet Office for other nominations.
MONTSERRAT
Governor
(a) name and title of the appointment
Peter Waterworth, Governor of the Island of Montserrat
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with the option of a 4th)
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
PITCAIRN ISLANDS
Governor
(a) name and title of the appointment
George Fergusson, Governor of the Islands of Pitcairn,
Henderson, Ducie and Oeno
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
4 years.
(e) procedure for terminating the appointment
Standard FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO Staff
ST HELENA
Governor
(a) name and title of the appointment
Andrew Gurr, Governor and Commander-in-Chief in and
over Our Territory of St Helena and its Dependencies
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
for fixed term appointment
(d) length of the appointment
3 years
(e) procedure for terminating the appointment
For the FCO terminating: 5 weeks' notice
For the incumbent terminating: not less than three
months' notice
(f) how the appointment was made/advertised
Open Competition as defined by the Office of the
Civil Service Commissioner.
Chief Justice
(a) name and title of the appointment
HH Charles Wareing Ekins, Chief Justice of St Helena
and its Dependencies
(b) person and/or bodies responsible for making
the appointment
The Governor in accordance with instructions given
by Her Majesty through a Secretary of State—s 45(1) of the
Constitution refer.
(c) terms and conditions for the appointment
The instrument of appointment refers to the office
being held on such terms and conditions as the Governor shall
prescribe in accordance with instructions given by Her Majesty
through a Secretary of State.
(d) length of the appointment
Three years with the possibility of an extension
to a maximum of six years in total, or until age 75 (whichever
occurs first) or unless it is previously terminated in pursuance
of instructions received from Her Majesty or the Chief Justice
resigns from office in accordance with section 54 of the Constitution.
(e) procedure for terminating the appointment
In addition to (d) above, section 53(2) of the Constitution
gives the Governor power, acting in right of the Territory, to
remove those in public office.
(f) how the appointment was made/advertised
The appointment was subject to open competition and
advertised in the media and on the St Helena Government website.
President and Justices of the Court of Appeal
(a) name and title of the appointment
HH Judge Brian Appleby, QC, President of the Court
of Appeal
Justices of the Court of Appeal
HH Judge Sir (Francis)
Humphrey Potts
HH William Charles Woodward, QC
HH Judge Victor Edwin Hall
HH Judge John Rubery
HH Judge Richard Frederick David Pollard
(b) person and/or bodies responsible for making
the appointment
The Governor in accordance with instructions given
by Her Majesty through a Secretary of State—s 47(3) of the
Constitution refers.
(c) terms and conditions for the appointment
The instrument of appointment refers to the office
being held on such terms and conditions as the Governor shall
prescribe in accordance with instructions given by Her Majesty
through a Secretary of State.
(d) length of the appointment
Not stipulated
(e) procedure for terminating the appointment
Section 53(2) of the Constitution gives the Governor
power, acting in right of the Territory, to remove those in public
office.
(f) how the appointment was made/advertised
On the recommendation of the Chief Justice.
TURKS & CAICOS
ISLANDS
Governor
(a) name and title of the appointment
Richard Tauwhare, Governor in and over Our Territory
of the Turks and Caicos Islands
(b) person and/or bodies responsible for making
the appointment
HM The Queen, in practice acting on the advice of
the Secretary of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years (with optional 4th)
(e) procedure for terminating the appointmentStandard
FCO procedures
(f) how the appointment was made/advertised
Advertised to all FCO staff
Deputy Governor
(a) name and title of the appointment
Mahala Wynns, Deputy Governor
(b) person and/or bodies responsible for making
the appointment
The Governor makes the appointment, "in pursuance
of instructions given by Her Majesty through a Secretary of State"
(Section 22(1) of the TCI Constitution)
(c) terms and conditions for the appointment
The Deputy Governor is paid a salary by the Government
of TCI of US$125,000. There is no specific provision for increments;
these have to be proposed by the Government and agreed by Cabinet.
Other terms and conditions are not laid down by the Constitution
but the standard TCI Public Service terms have been adopted.
(d) length of the appointment
The Constitution does not define the length of appointment.
The incumbent's contract is for a term of two years (expiring
August 2008).
(e) procedure for terminating the appointment
The Constitution, Section 22(1), states that the
Deputy Governor shall hold office during Her Majesty's pleasure.
It does not specify any grounds for the termination of the appointment.
(f) how the appointment was made/advertised
The Constitution does not specify any process for
making the appointment but only requires that the Deputy Governor
must be a Belonger. The incumbent was selected by the Governor
after consultation with the Premier and the Leader of the Opposition.
BRITISH INDIAN
OCEAN TERRITORY
(BIOT)
Commissioner
(a) name and title of the appointment
Leigh Turner, Commissioner for the British Indian
Ocean Territory
(b) person and/or bodies responsible for making
the appointment
Her Majesty by instructions given through a Secretary
of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years
(e) procedure for terminating the appointment
Resignation by the appointee or termination by Her
Majesty by instructions given through a Secretary of State.
(f) how the appointment was made/advertised
The BIOT Commissioner is the current Director of
Overseas Territories Directorate—the job was advertised
to all FCO staff.
BRITISH ANTARCTIC
TERRITORY (BAT)
Commissioner
(a) name and title of the appointment
Leigh Turner, Commissioner for the British Antarctic
Territory
(b) person and/or bodies responsible for making
the appointment
Her Majesty by instructions given through a Secretary
of State
(c) terms and conditions for the appointment
Standard FCO Diplomatic Service Terms and Conditions
(d) length of the appointment
3 years
(e) procedure for terminating the appointment
Resignation by the appointee or termination by Her
Majesty by instructions given through a Secretary of State.
(f) how the appointment was made/advertised
The BAT Commissioner is the current Director of Overseas
Territories Directorate—the job was advertised to all FCO
staff.
29 February 2008
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