TNAG-0832-FCO40-1040-Future-of-the-Dependent-Territories-1979 — Page 21

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SPECIAL AND RESERVED POWERS IN RELATION TO CARIBBEAN AND ATLANTIC DEPENDENCIES

GENERAL

In all Caribbean and Atlantic Territories the executive authority is vested in Her Majesty and is exercised, subject to the provisions of the Constitution, on behalf of Her Majesty by OAGS either directly or through officers subordinate to them. Thus, unless it states specifically to the contrary, all executive power and functions are exercised by OAGS acting

a) in their discretion; or

b) after consultation; or

c) on the advice of the Executive Council or a Minister.

The Constitution defines the manner in which the Governor will evereir his power and carry out his functions.

2. In all territories Her Majesty has the power to issue instruction: to OAGS in the exercise of their functions and in most, but not all territories Her Majesty also has the power to issue instructione to OAGS in the exercise of their executive authority.

3. In most, but not all territories the OAG is not bound by the Executive Council's advice if in his judgement it is not in the inter ests of public order, public faith and good government, but before acting contrary to the advice tendered to him he must have the prior approval of the Secretary of State.

4.

In all territories, except Montserrat, OAGs have special responni- bility for:

a) Defence;

b) External Affairs;

c) Internal Security, including the Police;

d) Public Service matters responsible for the management and organisation of the Public the powers vary from being fully, Service to the more limited responsibility of making appoint- ments and regulating the terms and conditions of service.

In some territories in the exercise of these functions OAGS are require to consult with the Chief Minister.

In Montserrat the Governor's control over dofence, internal security and public service matters is much less effective than elsewhere since he can only reject Ey Co's advice on such matters if he consider: it necessary to do so in the interests of maintaining law and order, for order to maintain the efficiency of the public service and Judiciary. and even then the prior concurrence of the Secretary of State to is necessary.

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