MANAGEMENT IN CONFIDENCE
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THE GOVERNOR
Discretion for Executive Decisions
14. Under the constitution the Governor must consult the Executive Council in the formulation of policy, except for defence, external affairs, internal security, police and the Civil Service, in respect of which he exercises responsibility within his discretion. Although there is no provision for voting in the Executive Council, the members are charged with collective responsibility and the Governor may not act contrary to the advice of the Executive Council without first obtaining the approval of the Secretary of State.
15.
The Governor with the advice and consent of the Legislative Assembly makes laws for the peace, order and good government of the Territory. He has, however, reserved powers whereby, if the Assembly fails to pass a bill, he may in the interest of public order, public faith or good government declare that the bill shall have effect as if it had been passed by the Assembly, provided that this power is only exercised after consultation with the Secretary of State. No bill becomes law until the Governor has assented to it in Her Majesty's name, or Her Majesty has given her assent to it through the Secretary of State. The Governor acts, for the present at least, as Speaker of the Assembly. His attempts over the last three years to step down from this seat have been refused by LegCo.
16. The net practical effect of this is to vest in the Executive Council responsibility for matters of internal affairs. Finance, legal affairs and public service matters are still in the hands of official members. The Governor's authority (short, of course, of his special responsibilities for the reserved powers, already mentioned) lies in the influence he can exert by means of his Chairmanship of that Council - which involves reconciling the views, either in or out of Council, of four independent politicians with those of three official members, rarely a straightforward task, and in a more subtle way as Speaker.
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17. There is a Public Service Commission which advises the Governor, although he is not obliged to accept their advice, in respect of appointments, promotions and discipline in the Civil Service.
Involvement in the Judicial Process
18. Judges, Magistrates and the Attorney General are appointed by the Governor in his sole discretion. Prisoners sentenced to more than six months imprisonment are sent to Jamaica under a warrant issued by the Governor and under the Constitution he is empowered to grant a free or conditional pardon to any person convicted by the Courts. The Caymanian Protection Law governs the very important subjects of immigration and work permits and appeals against decisions
MANAGEMENT IN CONFIDENCE
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