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OT 300: Letter to the Second Clerk from Gillian Merron MP
OVERSEAS TERRITORIES: REQUEST FOR FURTHER INFORMATION
Thank you for letter of 31 October in which you requested further information on the Overseas Territories. I am replying as Minister responsible for the Overseas Territories.
Constitutional Orders
In what types of situations does the FCO believe it might not be possible to send the Committee draft constitutional Orders at least 28 sitting days before they are made?
The most likely situations are those where urgency and/or complete confidentiality are involved. I wrote to the Committee on 12 and 26 November with an example of an urgent case; an Order amending the Cayman Constitution intended to allow persons to be registered to vote at an election provided that they will attain the age of 18 years on or before the polling day even though they have not attained 18 years by the registration date. This case required an unforeseen constitutional amendment and needed to be enacted with speed.
As has been explained to the Committee previously, the British Indian Ocean Territory Orders of 2004 are examples of a situation where complete confidentiality was needed. We cannot discount the possibility of further exceptional circumstances arising. But, we expect such cases to continue to be exceptional and in line with the commitment given by Jack Straw to the then Chair of your Committee, the FCO will continue to show the Committee draft Constitution Orders whenever appropriate and, if possible, at least 28 sitting days before submitting them to the Privy Council.
British Indian Ocean Territory
Has the FCO taken legal advice on whether it would be possible to extend British citizenship to third generation Chagossians without creating a precedent for descendants of other British nationals?
The Committee's proposal is contrary to the current principles of British nationality law which limits citizenship to one generation born overseas. The Government does not intend to depart from these principles in the case of Chagossians and so create a precedent for extending citizenship to other descendants of British nationals. The FCO's policy on this and its original response to the Committee was made with full consultation of the UK Border Agency.
On the Government's response regarding the UK's sovereignty dispute with Mauritius over the British Indian Ocean Territory, the Committee comments that welcoming views are not the same as taking them into account and repeats its recommendation that any resolution to the dispute must take Chagossians' wishes into account.
The Government notes the Committee's recommendation. However, as the Government has made clear, any discussions about the Territory would be between sovereign states concerned ie, the UK and Mauritius. While the views of other interested parties are welcomed, a balance needs to be struck, and it is the views of the sovereign states concerned that will be paramount in any discussions.
Overseas Territories Consultative Council (OTCC)
Were the following issues discussed at the OTCC and, if so, what was the outcome:
Non-Belongers' rights
Yes. I raised and discussed non-Belongers' rights with Territory Premiers, Chief Ministers and equivalents at the Overseas Territories Consultative Council in October. A number of Territories were opposed to any change and made the point that non-Belongers made up a large proportion of the population, sometimes more than half; and that extending the right to vote to non-Belongers would irrevocably change the political and cultural landscape. I encouraged Territories' leaders to review the matter of rights for long-term residents and consider whether there was any scope for change, and for granting Belongership within a reasonable timeframe.
Raising awareness of the OTCC within the Overseas Territories
Yes. I sought the views of Territory leaders on the issue of discussions at the OTCC remaining private. However, there was no wish among to change existing practice. The FCO prepared a press release for the Territories to issue ahead of the OTCC and secured the agreement of all delegations to a communiqué which was issued at the close of the Council. There was local media coverage of the OTCC before and after the meeting in several Territories. The FCO is currently consulting Territory governments on whether, within the constraints of Chatham House Rules, a more detailed account of the Council might be published.
What was the response at the OTCC to the Committee's recommendation that discrimination on the basis of sexual orientation or gender status should be made illegal in all Territories? Are you willing to legislate on this if Territories do not take necessary action?
I raised the Government's and the Committee's concerns at the OTCC. Overseas Territories' governments understand the UK's position on this issue and their obligation to meet international obligations. Discussion concentrated on discrimination on grounds of sexual orientation. The Caribbean Territories stated that there were political difficulties with changing the law and some said in terms that they would not be willing to do so. I was asked to take into account the sensitivity of this issue within these Territories, and the culture and religion within the Caribbean region. I made it clear that our preference was for the Territories themselves to take remedial action to address the defect in their legislation. I agreed to consult further and to consider all the options available, including constitutional provisions and to write to the Territories proposing a way forward. If, in due course, it becomes clear that Territory governments are not prepared to take necessary action, I will consider very carefully what steps we needed to take, including legislating on their behalf, where appropriate, to remedy the situation.
Environmental funding
Has the Inter-Departmental Ministerial Group on Biodiversity taken a decision yet on whether to make a strategic assessment of Overseas Territories' funding needs?
The Inter Departmental Ministerial Group on Biodiversity was due to meet in October, but this was postponed due to the Ministerial reshuffle. The meeting will now take place on 15 January. Ministers will consider the feasibility of carrying out a full strategic assessment of Overseas Territories' environmental funding needs and discuss how HMG might contribute further to biodiversity conservation in the Overseas Territories.
Falkland Islands airbridge
The Committee would like details of any increases in seat costs over the last year.
A spreadsheet showing the civilian passenger fares on the South Atlantic Airbridge that the Ministry of Defence (MoD) charges, including the two price rises this calendar year, is attached (Annex A). The MoD, who contracts and manages the airbridge, has implemented this price rise because of the increase in the price of fuel.
Eligibility for compensation
Will the recent extension of eligibility for compensation to victims of child sex abuse on Pitcairn Island have any implications for victims of crime in other Overseas Territories?
No. The Government has introduced a compensation scheme on Pitcairn for victims of child sex abuse identified during the Operation Unique investigations. It is a time-limited scheme with specific eligibility criteria. Pitcairn's budgetary situation meant it was impossible for the Pitcairn Government to fund the payments itself. It is for the Pitcairn Government to decide, as it would be for other Overseas Territory Governments, whether or not to introduce a wider victim compensation scheme as has been done, for example, in Bermuda.
Further information
The Committee looks forward to receiving updates on progress on the following:
Developing an inter-Territory witness protection scheme
The need to progress this initiative was highlighted during discussions at the Overseas Territories Consultative Council meeting in London in October. The Cayman Islands have passed the legislation required to implement a Witness Protection Programme, which has been extensively discussed among Territory Attorneys General, and have encouraged the other Caribbean Territories to follow suit so that an inter-Territory Programme can be put into place. We will continue to support this initiative and will suggest that it is included on the agenda of the next Attorneys General Conference in April 2009.
Including Overseas Territory participants in the annual National Ceremony of Remembrance at the Cenotaph
The question of Overseas Territory representatives laying a wreath at the Cenotaph on Remembrance Sunday is still under consideration. The FCO is engaged in discussions with other interested parties. We hope to reach a decision soon and will inform the Committee of the outcome.
Providing support to Territories to improve public accounting and audit
The National School of Government project to strengthen public services is now underway, with visits scheduled to the majority of Territories by April 2009. Working in partnership with local governments, the consultants will focus particularly on where there might be gaps in the key areas of accountability and audit, professional skills and capacity, and efficiency and value for money. The final report will make recommendations on how best to address these areas, including where best practice could be shared and where there would be benefits from cross-territory and/or regional approaches.
It would also like to receive an up-date on:
The outcome of the FCO's consideration of the question of judge's contracts with Overseas Territories
We have written to Overseas Territories and the Ministry of Justice asking for views on the issue of judges' contracts which we hope will inform our thinking. We are currently awaiting responses. We will be happy to update the Committee in due course when we have received all responses and considered the matter further.
Any further developments regarding the Government's submissions to the Commission for the Limits of the Continental Shelf
There are no developments to report. Paragraphs 131-133 of the Government's reply of September 2008 remain correct.
16 December 2008
Attachment: Annex A - Airbridge
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