Governor of the Falkland Islands
Encyclopedia
The Governor of the Falkland Islands is the representative of the British Crown
in the Falkland Islands
, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto
head of state
in the absence of the British monarch. The role and powers of the Governor are set out in Chapter II of the Falkland Islands Constitution.
themselves. The first settlement on the islands was at Port St. Louis and was led by Louis Antoine de Bougainville
, the Administrator of the French settlement which started in 1764 and ended three years later. The first leader of a British
settlement was John McBride, Captain of HMS Jason, in 1766 at Port Egmont
(the settlement being established a year earlier). The French settlement of Port St. Louis was transferred to the Spanish
in 1767 and renamed Puerto Soledad
, the first Spanish Military Administrator being Felipe Ruíz Puente. The British chose to withdraw from many overseas settlements in 1776 due to the pressure of the American War of Independence
. The Spanish settlement ended in 1811 as a result of the Peninsular war
.
In 1829 Luis Vernet
was proclaimed Governor of Puerto Luis
(the Falklands) by the United Provinces of South America
. Objecting to this action, the United Kingdom
sent a task force to re-establishment British rule on the Falkland Islands in 1833. The Falklands were then settled, mainly by people
from Wales
and Scotland
.
The first Governor of the Falklands was Richard Moody
in 1843 who founded Port Stanley
. There was then a British government on the islands until 1982 when the Falklands were invaded
and occupied
by Argentina
for 74 days. During this time, the British Governor (Sir Rex Hunt) was expelled and Brigadier General Mario Menéndez
was appointed 'Military Governor of the Malvinas, South Georgia and the South Sandwich Islands
' by the Argentine military junta.
Following the Argentine surrender at the end of the Falklands War
, the British Governor returned and it was decided that the Government of the Falkland Islands should be modernised. In 1985 the Constitution of the Falklands came into force which greatly reduced the power of the Governor, making the office more accountable to the Executive Council of the Falkland Islands
and creating in law a new post of Chief Executive
, to which many powers of the Governor were delegated. In 2009 a new constitution was established which further defined the role and powers of the Governor.
on the advice of her Secretary of State for Foreign and Commonwealth Affairs
in the United Kingdom
. The appointment is actually made by a Royal Commission
under the royal sign-manual
.
Under the Constitution, executive authority of the Falkland Islands is vested in the Queen, and her authority is exercised on her behalf by the Governor. The Governor normally only executes executive power on the advice of the Executive Council of the Falkland Islands
, which consists of three elected members of the Legislative Assembly, the Chief Executive
and the Director of Finance. In addition, the Attorney General and the Commander of the British Forces in the South Atlantic attend council meetings by invitation, although they cannot vote in the Council meetings. The Governor also acts as the Presiding Officer
of the Executive Council.
Acting on the advice of the Executive Council, the Governor has the power to call a meeting of the Executive Council, dissolve the Legislative Assembly and call a general election
by proclamation
, recall a dissolve Assembly, give Royal Assent
to laws passed by the Legislative Assembly, and disallow or reintroduce a law passed by the Legislative Assembly. The Governor also appoints the members and can remove members of the Advisory Committee on the Prerogative of Mercy after consulting Legislative Assembly. On the advice of the Advisory Committee, the Governor may grant pardon
s to anyone convicted of any offence, as well as commute or remit any sentence of any person convicted on the islands.
In most cases, the Governor must consult with the Executive Council, and accept its advice. There are exceptions however, set out in the constitution, when the Governor is permitted to not consult the Council and even go against its advice, but in this eventuality, the Governor is required to inform the Secretary of State in the UK of the reasons for this action, and in the case of blocking laws passed by the Legislative Assembly, the Secretary of State must give prior authorisation. Under section 67 of the constitution, the Governor may go against the advice of the Council if, in his or her judgement, it would be right to do so in the interests of good governance or if such advice would affect external affairs, defence, internal security (including the police), administration of justice, audit, appointments to the public service, the discipline and removal from office of public officers, and the management of the public service. In all these instances the members of the Executive Council can appeal to the Secretary of State.
The Governor is also responsible for the defence and internal security of the Falklands
(with the exception of police matters), though the Governor is constitutionally obliged to consult with the Commander of the British Forces on such matters.
If the office of Governor ever becomes vacant or if the incumbent Governor is absent from the Falklands or unable to perform his or her duties, the Queen, on the advice of her Secretary of State, can appoint an Acting Governor under section 24 of the constitution. The Acting Governor must take the oath before assuming office and has all the powers and duties of the Governor until a new Governor is appointed or the incumbent Governor is able to carry on with his or her duties.
and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution:
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
in the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
in the absence of the British monarch. The role and powers of the Governor are set out in Chapter II of the Falkland Islands Constitution.
History
The history of the leadership on the islands is closely related to the history of the Falkland IslandsHistory of the Falkland Islands
The history of the Falkland Islands goes back at least five hundred years, with active exploration and colonisation only taking place in the 18th century...
themselves. The first settlement on the islands was at Port St. Louis and was led by Louis Antoine de Bougainville
Louis Antoine de Bougainville
Louis-Antoine, Comte de Bougainville was a French admiral and explorer. A contemporary of James Cook, he took part in the French and Indian War and the unsuccessful French attempt to defend Canada from Britain...
, the Administrator of the French settlement which started in 1764 and ended three years later. The first leader of a British
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
settlement was John McBride, Captain of HMS Jason, in 1766 at Port Egmont
Port Egmont
Port Egmont was the first British settlement in the Falkland Islands, on Saunders Island.-History:Port Egmont was established in on 25 January 1765, by an expedition led by Commodore John Byron consisting of the boats , and...
(the settlement being established a year earlier). The French settlement of Port St. Louis was transferred to the Spanish
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
in 1767 and renamed Puerto Soledad
Puerto Soledad
Puerto Soledad was a Spanish military outpost and penal colony on the Falkland Islands, situated at an inner cove of Berkeley Sound .-Port St...
, the first Spanish Military Administrator being Felipe Ruíz Puente. The British chose to withdraw from many overseas settlements in 1776 due to the pressure of the American War of Independence
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
. The Spanish settlement ended in 1811 as a result of the Peninsular war
Peninsular War
The Peninsular War was a war between France and the allied powers of Spain, the United Kingdom, and Portugal for control of the Iberian Peninsula during the Napoleonic Wars. The war began when French and Spanish armies crossed Spain and invaded Portugal in 1807. Then, in 1808, France turned on its...
.
In 1829 Luis Vernet
Luis Vernet
Luis Vernet was a merchant from Hamburg of Huguenot descent. Vernet established a settlement on East Falkland in 1828, after first seeking approval from both the British and Argentine authorities. As such, Vernet is a controversial figure in the history of the Falkland Islands sovereignty dispute...
was proclaimed Governor of Puerto Luis
Port Louis, Falkland Islands
Port Louis is a settlement on northeastern East Falkland. It was established by Louis de Bougainville in 1764 as the first French settlement on the islands, but was then transferred to Spain in 1767 and renamed Puerto Soledad .-History:The settlement has seen several name changes...
(the Falklands) by the United Provinces of South America
United Provinces of South America
The United Provinces of South America was the original name of the state that emerged from the May Revolution and the early developments of the Argentine War of Independence...
. Objecting to this action, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
sent a task force to re-establishment British rule on the Falkland Islands in 1833. The Falklands were then settled, mainly by people
Falkland Islanders
The 2006 census returns gave the population of the Falkland Islands, excluding military personnel and their families, but including staff working at the Mount Pleasant military base to be 2955. There were 1569 males and 1386 females giving a male to female ration of 1.13...
from Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
The first Governor of the Falklands was Richard Moody
Richard Moody
Major-General Richard Clement Moody was a Lieutenant-Governor, and later Governor, of the Falkland Islands, and the first Lieutenant-Governor of the Colony of British Columbia. While serving under this post, he selected the site of the new capital, New Westminster...
in 1843 who founded Port Stanley
Stanley, Falkland Islands
Stanley is the capital and only true cityin the Falkland Islands. It is located on the isle of East Falkland, on a north-facing slope in one of the wettest parts of the islands. At the 2006 census, the city had a population of 2,115...
. There was then a British government on the islands until 1982 when the Falklands were invaded
1982 invasion of the Falkland Islands
On 2 April 1982, Argentine forces mounted amphibious landings of the Falkland Islands . The invasion involved an initial defence force organised by the Falkland Islands' Governor Sir Rex Hunt giving command to Major Mike Norman of the Royal Marines, the landing of Lieutenant-Commander Guillermo...
and occupied
Occupation of the Falkland Islands
The Military Administration of the Falklands, South Georgia and the South Sandwich Islands was the short-lived, Argentine-controlled government of a long disputed group of islands in the South Atlantic which had been governed by the United Kingdom since the 1833 re-establishment of British rule ...
by Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
for 74 days. During this time, the British Governor (Sir Rex Hunt) was expelled and Brigadier General Mario Menéndez
Mario Menéndez
Mario Benjamin Menéndez was an Argentine governor of the Falkland Islands. He also served in the Argentine Army. He surrendered Argentine forces to Britain during the Falklands War.-Pre-Falklands War:...
was appointed 'Military Governor of the Malvinas, South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands is a British overseas territory and overseas territory of the European Union in the southern Atlantic Ocean. It is a remote and inhospitable collection of islands, consisting of South Georgia and a chain of smaller islands, known as the South Sandwich...
' by the Argentine military junta.
Following the Argentine surrender at the end of the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
, the British Governor returned and it was decided that the Government of the Falkland Islands should be modernised. In 1985 the Constitution of the Falklands came into force which greatly reduced the power of the Governor, making the office more accountable to the Executive Council of the Falkland Islands
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
and creating in law a new post of Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
, to which many powers of the Governor were delegated. In 2009 a new constitution was established which further defined the role and powers of the Governor.
Appointment and powers
The Governor is appointed by the QueenMonarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
on the advice of her Secretary of State for Foreign and Commonwealth Affairs
Secretary of State for Foreign and Commonwealth Affairs
The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a senior member of Her Majesty's Government heading the Foreign and Commonwealth Office and regarded as one of the Great Offices of State...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The appointment is actually made by a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
under the royal sign-manual
Royal sign-manual
The royal sign manual is the formal name given in the Commonwealth realms to the autograph signature of the sovereign, by the affixing of which the monarch expresses his or her pleasure either by order, commission, or warrant. A sign-manual warrant may be either an executive actfor example, an...
.
Under the Constitution, executive authority of the Falkland Islands is vested in the Queen, and her authority is exercised on her behalf by the Governor. The Governor normally only executes executive power on the advice of the Executive Council of the Falkland Islands
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
, which consists of three elected members of the Legislative Assembly, the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
and the Director of Finance. In addition, the Attorney General and the Commander of the British Forces in the South Atlantic attend council meetings by invitation, although they cannot vote in the Council meetings. The Governor also acts as the Presiding Officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
of the Executive Council.
Acting on the advice of the Executive Council, the Governor has the power to call a meeting of the Executive Council, dissolve the Legislative Assembly and call a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
by proclamation
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
, recall a dissolve Assembly, give Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to laws passed by the Legislative Assembly, and disallow or reintroduce a law passed by the Legislative Assembly. The Governor also appoints the members and can remove members of the Advisory Committee on the Prerogative of Mercy after consulting Legislative Assembly. On the advice of the Advisory Committee, the Governor may grant pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s to anyone convicted of any offence, as well as commute or remit any sentence of any person convicted on the islands.
In most cases, the Governor must consult with the Executive Council, and accept its advice. There are exceptions however, set out in the constitution, when the Governor is permitted to not consult the Council and even go against its advice, but in this eventuality, the Governor is required to inform the Secretary of State in the UK of the reasons for this action, and in the case of blocking laws passed by the Legislative Assembly, the Secretary of State must give prior authorisation. Under section 67 of the constitution, the Governor may go against the advice of the Council if, in his or her judgement, it would be right to do so in the interests of good governance or if such advice would affect external affairs, defence, internal security (including the police), administration of justice, audit, appointments to the public service, the discipline and removal from office of public officers, and the management of the public service. In all these instances the members of the Executive Council can appeal to the Secretary of State.
The Governor is also responsible for the defence and internal security of the Falklands
Military of the Falkland Islands
The Falkland Islands are an overseas territory of the United Kingdom and, as such, rely on the UK for guarantee of their security. The other UK territories in the South Atlantic, South Georgia and the South Sandwich Islands, fall under the protection of the British forces on the Falklands ,...
(with the exception of police matters), though the Governor is constitutionally obliged to consult with the Commander of the British Forces on such matters.
Acting Governor
If the office of Governor ever becomes vacant or if the incumbent Governor is absent from the Falklands or unable to perform his or her duties, the Queen, on the advice of her Secretary of State, can appoint an Acting Governor under section 24 of the constitution. The Acting Governor must take the oath before assuming office and has all the powers and duties of the Governor until a new Governor is appointed or the incumbent Governor is able to carry on with his or her duties.
Oath or affirmation
Under section 23(3) of the constitution, before entering upon the functions of his or her office, the Governor must take the oath of allegianceOath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution: