TNAG-0922-FCO40-1140-Control-of-appointments-in-Dependent-Territories-under-Colon-1980 — Page 53

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Discussed with MrStrong, Mr Duff +M Dale (by phone), Mr Green (MKCHED),

and Mr Parry (Legal Advisers wit Fiel. the issue.

cc' Mr Green,

нитето

GOVERNMENT HOUSE,

TURKS AND CAICOS ISLANDS,

287 R. 22 THE WEST INDIES.

I hope the legal covers can find grounds for declaring The appointment where vires, or we may find that the thimistes will force the withdrawal of the Reardong and his reps Ennement by Her. Been (the Obring thirster's Permanent feeve forg) in furtherance of APPOINTMENT OF ACTING CHIEF SECRETARY/heir facies of iterating the fovenor

and internidating him, making the

I

The

1. On or before 2 January 1980, I shall be faced with their crime of decision as to whether during YE's absence I should re-appoint Mr CE Been as Acting Chief Secretary.

2.

The background to this is as follows:-

wurve jawers

berhully not file.

On 30 October the Chief Minister in Council supported by Maguire advised that Mr C E Been be appointed Acting Chief Secrétarỹ with effect from 5 November.

3. On 6 November Minister Maquire raised the issue once again and the Attorney General pointed out that under the Constitution the Governor has the power to appoint an Acting Chief Secretary. The rest of the Ministers joined in and the Attorney General was asked to give an opinion and the matter was deferred until Council resmed after lunch. The AG failed to give an opinion after lunch and the matter rested until late that same afternoon when the Chief Minister presented paper 263/79 to the Council. This recommended to have the vacant post of Chief Secretary filled by the highest ranking local civil servant in the territ- ory whenever the appointed Chief Secretary is on long periods of absence from post due to sickness, vacation, or transfer to higher appointment or overseas visits".

4. Council then endorsed Mr C Been as Acting Chief Secretary and I advised that I would refer this to FCO. Under increasing pressure of Council Members agreed to appoint Been as Acting Chief Secretary with effect from 12 November.

5.

A meeting of EXCO is scheduled for 2 January 1930 to be followed by a meeting of the Legislature on 9 January.

6. In the past when there has been an expatriate AG or FS an appointment of Acting Chief Secretary has been made.

7.

Recommendation

In order to avoid confrontation at a time when Ministers are, involved in consideration of delicate constitutional proposals, I consider:

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