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OT 401: Letter to the Chairman of the Committee from Chris Bryant MP, Parliamentary Under-Secretary of State, Foreign and Commonwealth Office
pitcairn: constitutional review
Following on from
our commitment in the 1999 White Paper on the
Following some
initial discussion with the Pitcairn Island Council and others on the
I have attached the draft Constitution[1] which we are now consulting on the island. Given its length, it might help if I draw out the following key points:
· the new Constitution would replace a 1970 Order (as amended) which really does not serve the needs of Pitcairn in 2009. For example, the current Constitution gives the Governor very broad powers and it has no Bill of Rights. Nor does it recognise changes in international obligations that have taken place;
· it has a Bill of Rights. This would be an innovation for Pitcairn and
would mean that, for the first time, an individual could test their clearly set
out rights in a Pitcairn court. The rights would be closely based on the
European Convention with some variation eg the inclusion, from the
· the Governor would continue to be responsible for the executive authority of Pitcairn and would have the power to make laws for Pitcairn. But the role of the Island Council would also be recognised in the implementation of Government policy. And, for the first time in the Constitution, the Governor would be normally obliged to consult with the Island Council before making laws - something he has been doing in practice but is under no obligation to do;
· sections on Courts would give clarity to changes that have developed over time. And an Attorney General would be appointed for the first time who would be independent of the Governor, the Island Council and any other person;
· the Governor would have ultimate responsibility for the appointment, dismissal and discipline of the public service whose independence would be guaranteed;
· there would be an obligation for independent audit of the Pitcairn accounts.
We will be consulting closely with the Island Council over the course of the autumn at the same time as putting the draft, together with plain language guides, out to public consultation. It is possible that we might be able to put a draft to Her Majesty in the Privy Council at its meeting on 9 December, but that will depend on any responses to the consultation.
Given the possible timing, I wanted to get a copy to you now to give you the chance to have a proper look at it. If you have any comments or questions, we would of course be happy to answer them. I shall, in any case, come back to you at the end of the consultation period and when I have heard from the Island Council on how they want to proceed.
15 September 2009 [1] Not printed. See http://ukinnewzealand.fco.gov.uk/resources/en/word/pitcairn-constitution
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