TNAG-2301-FCO40-3329-Basel-Convention-on-the-Control-of-Transboundary-Movements-o-1991 — Page 24

Ms Barrett

HKC031/20

(4

From:

KJ Chamberlain

Deputy Legal Adviser

Date: 17 July 1991

CC

Mr Alexander, ESED

Ms Procter, WIAD

Mr Innes, SAAD

Mr Richardson, SAAD

Mr Walker, EAD

Mr Sainty, HKD Miss Gates, SPD

a.

181X

HAZARDOUS WASTES: THE DEPENDENT TERRITORIES

I refer to Mr Alexander's minute addressed to both of us of 8 July.

1.

This

2. So far as concerns those Dependent Territories which fall within my area of responsibility (the Caribbean Dependent Territories and Gibraltar), it would theoretically be possible to legislate for them by Order in Council. would be under the powers contained in the West Indies Act 1962 and the Anguilla Act 1980 (in the case of the Caribbean Dependent Territories) and under the Royal Prerogative in the case of Gibraltar, combined with the provision in the Constitutions of those territories under which it is reserved to Her Majesty by Order to make laws for "peace, order and good government". In the case of Bermuda, however, this power has not been reserved in their Constitution and in the absence of any enabling UK statute there is no power to legislate for that territory by Order in Council. present case any legislation to implement the Basel Convention would have to be through local Ordinance.

3.

In the

Although there is power to legislate by Order in Council under the "peace, order and good government" provisions, the power is used sparingly, and where there is no UK statute which can be extended by Order in Council we normally encourage the Dependent Territories to enact legislation locally. This has the advantage that the local legislation can be tailored to the needs of the Dependent Territory concerned and fit in with any existing legislation. I wonder still whether this would not be the best course in the present case. Once one territory has prepared draft legislation this could be copied by other territories such as

5KCAAP