TNAG-0725-FCO40-928-Constitutional-provisions-for-the-succession-of-Governors-in-1978 — Page 33

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HWB 400/3 w Telephone, 2-2587Y NO. I 19 JUN 1978

Deputy Governor

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Government House, BermudaMe buk.

27.

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ANE 400/1

14 June, 1978

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PC Duff Esq

West Indian and Atlantic Department Foreign and Commonwealth Office

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I corresponded with Myles Preston in early 1976 about the question of who should perform the functions of the office of Governor, if both the Governor himself and I were unable to do so. The outcome (see Myles' letter of 26 February 1976 and a despatch of the same date) was an instruction designating the Attorney General, Mr Collett, and, failing him, the Chief Justice, Sir John Summerfield, under paragraph (b) of Section 19(1) of the Constitution.

2.

As you will know, Sir John left here late last year, being succeeded by Mr James Astwood. It has only just occurred to us that, in consequence, the instruction which I mentioned above must now be

reviewed.

3.

We still think a longstop desirable: for instance, the Governor plans to take leave during August and September this year, and Mr Collett also plans to do so in September, though only for two weeks. During that two weeks there would be a risk of confusion if anything happened to me, had nobody been designated in Sir John's place.

Both

4. We have accordingly considered what recommendation to make. the Governor and I think it would be wholly inappropriate to recommend the Secretary to the Cabinet: he is too closely involved in the day-to- day business of the Government. Nor should we wish to recommend the present Solicitor-General, who came here only a few months ago, in effect on secondment from the Government of Canada. He will, admittedly be appointed to act as Deputy Governor, if the Governor and Mr Collett are both away at the same time, as expected. But that appointment will be nominal: even when Mr Collett acts for me, he does little more than sign a number of formal documents. Despite the obvious objections, and with a reluctance which we presume you will share, we have, therefore, concluded that the Chief Justice still remains the least unsatisfactory longstop; and we accordingly recommend that Mr Astwood be now designated instead of Sir John Summerfield. We have not yet consulted

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