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OT 325: Letter from Gillian Merron MP, Under Secretary of State, Foreign and Commonwealth Office
At our meeting on 10 March I agreed to write
to you further about the Government's response to the
As I indicated at our meeting, the Governor intends to publish the Commissioner's interim report on Monday 16 March. I will issue a Written Ministerial Statement on the same day informing the House that the accumulation of evidence in relation to TCI over the last year or so has led to a provisional decision to suspend parts of the TCI Constitution, including the parts relating to ministerial government and the House of Assembly, for two years, a period which could be extended or shortened; that the interim report fortifies our view; that unless the Commission's final report, due by 30 April, changes that perception significantly, that is what will happen; and that the Order could be brought into force sooner if something occurs in the Territory prior to that date which would justify suspending relevant parts of the Constitution. I will confirm that a draft Order in Council will be submitted to the Privy Council at its meeting on 18 March, which if made would be laid before Parliament on 25 March. I will also confirm that the draft Order in Council will now be made public on the same day as the interim report.
You asked about what action might be taken in advance of the final report, and I can assure you that, in addition to preparation of the draft Order, appropriate steps are now being taken to ensure that the relevant offices are in a position to respond quickly once the final report is received by the Governor. The interim report does not, however, name names nor contain any factual findings or evidence which would enable a criminal investigation to be taken forward now, or steps to be taken against individuals in relation to asset freezing or recovery. Whilst I would not want to prejudge the findings in the final report, consideration is being given to the need to bolster the capacity of the police and appoint a special prosecutor to undertake prosecutions which may be warranted in keeping with any evidence of criminality which may be disclosed by it.
In answer to your concerns about the need to block activity on current and future developments in TCI, the Secretary of State has previously instructed the Governor not to act in accordance with the advice of the Turks and Caicos Islands Cabinet in respect of any developments being considered by the Commission of Inquiry, and not to agree to the grant of any planning application in relation to one particular development. These instructions are still in place and we are prepared, where decisions rest with Ministers in Cabinet, to issue further instructions should the need arise.
I would be happy to discuss TCI again, if you would find that helpful, once we have received the Commissioner's final report.
13 March 2009 |