TNAG-1108-FCO40-1359-Ministerial-and-official-visits-to-Dependent-Territories-1982 — Page 36

Mr Livesey,

HK&G Dept

Reference........

HKA 026/1 HVID "A PRGSTRY NO. 47

03 JUN 1982

* Surly wal ? Hum

Cal Ray19 which catches

The AGS

MR MARTEN'S VISIT TO THE WEST INDIES

1.

PA

Len

The second sentence of paragraph 3 of the draft minute, dealing with the appointments of Attornies General and placed immediately after a sentence stating the legal position, could be read as stating a legal rule ("This, however, must be left to the Governor's discretion"). To avoid this construction I suggest that the second sentence might begin "It is our general policy, however, that this should be left to the Governor's discretion". Since the Turks and Caicos Islands (Constitution) Order 1976 requires the Governor to seek the approval of the Secretary of State it would be legally possible for the latter, if he so chose, (although I am not recommending that he should do so), to inform the Governor that no future appointment would be approved unless the local government had first been consulted.

2.

*

Paragraph 4 of the draft, referring to the appointment of Governors, rightly says that it is not our general policy to consult local governments on candidates. But I fail to understand the reason given ("because of the need to preserve the Queen's prerogative"). Unless there is some convincing argument which has escaped me I suggest that these words be omitted.

Y. Bunows

CODE 18.77

F Burrows

2 June 1982

Legal Counsellor

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