Legislative Council of the Falkland Islands
Encyclopedia
The Legislative Assembly of the Falkland Islands is the unicameral legislature of the British Overseas Territory of the Falkland Islands
. The Legislative Assembly replaced the Legislative Council
(which had existed since the 1840s) when the new Constitution of the Falklands came into force in 2009 and laid out the composition, powers and procedures of the islands' legislature.
The Legislative Assembly consists of eight elected members, two ex officio members (the Chief Executive
and the Director of Finance) and the Speaker. Although they take part in proceedings, the ex officio members do not have the right to vote in the Legislative Assembly. The Commander British Forces
and the Attorney General also have the right to take part in the proceedings of the Legislative Assembly, though again they may not vote.
. The constitution states there must be at least one meeting of the Legislative Assembly every year, although the Assembly normally meets every two to three months. Meetings of the Legislative Assembly are broadcast live on the local radio station, the Falkland Islands Radio Service
.
The Members of the Legislative Assembly (MLAs) have office facilities at Gilbert House, Stanley.
The constitution give the Legislative Assembly legislative powers for "the peace, order and good government of the Falkland Islands." Any MLA may introduce a Bill
or propose any motion for debate. However, the Legislative Assembly is not permitted to propose a Bill which makes alterations to the taxes or finances on the Islands, unless given permission to do so by the Governor, as this is the remit of the Director of Finance and the Public Accounts Committee
who are elected by the Legislative Assembly and whose proposals are voted on by the Legislative Assembly. Most motions in the Assembly, including Bills, are passed by a simple majority of the elected members with the presiding officer having the casting vote
.
The presiding officer
of the Assembly is the Speaker (or the Deputy Speaker in the Speaker's absence) who is elected by the MLAs. Unlike the Speaker of the British House of Commons
, the Speaker of the Legislative Assembly does not need to be a member of the Assembly. The Speaker and the Deputy Speaker are elected for the life of the Legislative Assembly though can be removed via a motion of no confidence
voted for by six or more MLAs. During the Speaker election, the Attorney General acts as presiding officer.
The Assembly is governed by a number of standing orders which lay out the regulations for proceedings during Assembly meetings. Also, MLAs are granted parliamentary privilege
in the proceedings of the Legislative Assembly. There is also a Clerk of the Legislative Assembly who has a similar role to that of the Clerk of the House of Commons
.
on the Falklands at least once every four years, although there can be an election at anytime. As in most Westminster system
s, the election campaign officially begins with the dissolution of the legislature. In the Falklands the Governor
dissolves the Legislative Assembly by proclamation
at the request of the Executive Council
. There must be an election within 70 days of the dissolution and the Governor retains the power to recall a dissolved Legislative Assembly before the election, though only in the event of an emergency.
The Falkland Islands are divided into two constituencies, Camp
and Stanley
- Camp returns three elected members and Stanley returns five elected members. The Camp constituency includes any part of the Overseas Territory which is not in the boundaries of the Stanley constituency. The Constitution allows for the constituencies and their boundaries to be amended, but such an amendment must be agreed to by two-thirds of the vote in a referendum
of the islanders.
Anyone aged eighteen years or over on the date of the election and is registered to vote in the Falklands qualifies to be elected as a member of the Legislative Assembly in the constituency where they are registered. The Legislative Assembly is elected through universal suffrage
, which in reality means that a person can vote if they are eighteen years or over on the date of the election, are a British citizen, have Falkland Islands status
and are a resident in the Falkland Islands on the date of the election.
Someone can lose their right to vote if a they have been certified insane or of unsound mind under any law, if they are serving a sentence of imprisonment for a term of at least twelve months, if they have been convicted of an offence relating to elections, or if they have any acknowledgement of allegiance, obedience or adherence to a foreign Power or State. Regular members of Her Majesty's Armed Forces are also not allowed to vote.
If there is any dispute over the election of the Assembly, or the validity of anyone to vote or stand for election, the Supreme Court of the Falkland Islands has the jurisdiction to resolve the dispute.
to fill the empty seat. The by-election must be held within 70 days the vacancy occurring, unless the Assembly is due to be dissolved within 126 days.
}
|-
| Roger Edwards || Camp || 148
|-
| Sharon Halford
|| Camp || 147
|-
| Bill Luxton
|| Camp || 147
|}
a. Mike Summers
was elected in a by-election on 23 June 2011, which filled the seat vacated by Glenn Ross
.
and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution:
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
. The Legislative Assembly replaced the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
(which had existed since the 1840s) when the new Constitution of the Falklands came into force in 2009 and laid out the composition, powers and procedures of the islands' legislature.
The Legislative Assembly consists of eight elected members, two ex officio members (the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
and the Director of Finance) and the Speaker. Although they take part in proceedings, the ex officio members do not have the right to vote in the Legislative Assembly. The Commander British Forces
Military of the Falkland Islands
The Falkland Islands are an overseas territory of the United Kingdom and, as such, rely on the UK for guarantee of their security. The other UK territories in the South Atlantic, South Georgia and the South Sandwich Islands, fall under the protection of the British forces on the Falklands ,...
and the Attorney General also have the right to take part in the proceedings of the Legislative Assembly, though again they may not vote.
Powers and role
Meetings of the Legislative Assembly are normally held in the Court and Assembly Chamber in Stanley Town Hall and begin at a time appointed by the GovernorGovernor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
. The constitution states there must be at least one meeting of the Legislative Assembly every year, although the Assembly normally meets every two to three months. Meetings of the Legislative Assembly are broadcast live on the local radio station, the Falkland Islands Radio Service
Falkland Islands Radio Service
Falkland Islands Radio Service is an independent radio broadcaster in the Falkland Islands. The station broadcasts for 76 hours each week and provides a wide range of programming including all music genres, local news and phone-in shows. The station has five fulltime staff members and...
.
The Members of the Legislative Assembly (MLAs) have office facilities at Gilbert House, Stanley.
The constitution give the Legislative Assembly legislative powers for "the peace, order and good government of the Falkland Islands." Any MLA may introduce a Bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
or propose any motion for debate. However, the Legislative Assembly is not permitted to propose a Bill which makes alterations to the taxes or finances on the Islands, unless given permission to do so by the Governor, as this is the remit of the Director of Finance and the Public Accounts Committee
Public Accounts Committee
The Public Accounts Committee is a select committee of the British House of Commons. It is responsible for overseeing government expenditures to ensure they are effective and honest...
who are elected by the Legislative Assembly and whose proposals are voted on by the Legislative Assembly. Most motions in the Assembly, including Bills, are passed by a simple majority of the elected members with the presiding officer having the casting vote
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...
.
The presiding officer
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Assembly is the Speaker (or the Deputy Speaker in the Speaker's absence) who is elected by the MLAs. Unlike the Speaker of the British House of Commons
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...
, the Speaker of the Legislative Assembly does not need to be a member of the Assembly. The Speaker and the Deputy Speaker are elected for the life of the Legislative Assembly though can be removed via a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
voted for by six or more MLAs. During the Speaker election, the Attorney General acts as presiding officer.
The Assembly is governed by a number of standing orders which lay out the regulations for proceedings during Assembly meetings. Also, MLAs are granted parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
in the proceedings of the Legislative Assembly. There is also a Clerk of the Legislative Assembly who has a similar role to that of the Clerk of the House of Commons
Clerk of the House of Commons
The Clerk of the House of Commons is the chief executive of the House of Commons in the Parliament of the United Kingdom, and before 1707 of the House of Commons of England...
.
Elections
There must be a general electionGeneral election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
on the Falklands at least once every four years, although there can be an election at anytime. As in most Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
s, the election campaign officially begins with the dissolution of the legislature. In the Falklands the Governor
Governor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
dissolves the Legislative Assembly by proclamation
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
at the request of the Executive Council
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
. There must be an election within 70 days of the dissolution and the Governor retains the power to recall a dissolved Legislative Assembly before the election, though only in the event of an emergency.
The Falkland Islands are divided into two constituencies, Camp
Camp (Falkland Islands)
The camp is the term used in the Falkland Islands to refer to any part of the islands outside of the islands' only significant town, Stanley, and often the large RAF base at Mount Pleasant...
and Stanley
Stanley, Falkland Islands
Stanley is the capital and only true cityin the Falkland Islands. It is located on the isle of East Falkland, on a north-facing slope in one of the wettest parts of the islands. At the 2006 census, the city had a population of 2,115...
- Camp returns three elected members and Stanley returns five elected members. The Camp constituency includes any part of the Overseas Territory which is not in the boundaries of the Stanley constituency. The Constitution allows for the constituencies and their boundaries to be amended, but such an amendment must be agreed to by two-thirds of the vote in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
of the islanders.
Anyone aged eighteen years or over on the date of the election and is registered to vote in the Falklands qualifies to be elected as a member of the Legislative Assembly in the constituency where they are registered. The Legislative Assembly is elected through universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
, which in reality means that a person can vote if they are eighteen years or over on the date of the election, are a British citizen, have Falkland Islands status
British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
and are a resident in the Falkland Islands on the date of the election.
Someone can lose their right to vote if a they have been certified insane or of unsound mind under any law, if they are serving a sentence of imprisonment for a term of at least twelve months, if they have been convicted of an offence relating to elections, or if they have any acknowledgement of allegiance, obedience or adherence to a foreign Power or State. Regular members of Her Majesty's Armed Forces are also not allowed to vote.
If there is any dispute over the election of the Assembly, or the validity of anyone to vote or stand for election, the Supreme Court of the Falkland Islands has the jurisdiction to resolve the dispute.
By-elections
If an elected member of the Legislative Assembly vacates his or her seat for any reason other than a dissolution of the Assembly, there is a by-electionBy-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
to fill the empty seat. The by-election must be held within 70 days the vacancy occurring, unless the Assembly is due to be dissolved within 126 days.
Current composition
The last election took place on 5 November 2009 and the next election must take place by November 2013. As no political parties are active on the Islands, non-partisans were elected at the most recent election.Elected members
| Member | Constituency | Votes |
|---|---|---|
| Richard Sawle | Stanley | 770 |
| Gavin Short Gavin Short Gavin Phillip Short is a Falkland Islands politician who has served as a Member of the Legislative Assembly for the Stanley constituency since the 2009 general election. He was previously a Member of the Legislative Council from 1989-1993.... |
Stanley | 590 |
| Emma Edwards Emma Edwards Emma Jane Edwards is a British born, Falkland Islands teacher and politician, who served as a Member of the Legislative Assembly for the Stanley constituency from her election in 2009 until she resigned in 2011. She is the eldest daughter of another MLA, Roger Edwards.Edwards was born in... |
Stanley | 474 |
| Jan Cheek Jan Cheek Janet Lynda Cheek is a Falkland Islands politician who has served as a Member of the Legislative Assembly for the Stanley constituency since the 2009 general election. She was previously a Member of the Legislative Council from 1997-2005.Cheek was born in Stanley and spent much of her childhood in... |
Stanley | 452 |
| Mike Summers Mike Summers Michael Victor Summers OBE is a Falkland Islands politician who has served as a Member of the Legislative Assembly for the Stanley constituency since he won a by-election in 2011. He was previously a Member of the Legislative Council from 1996-2009.Summers was born in Stanley and grew up in Port... |
Stanley |
|-
| Roger Edwards || Camp || 148
|-
| Sharon Halford
Sharon Halford
Sharon Halford is a Falkland Islands politician who has served as a Member of the Legislative Assembly for the Camp constituency since the 2009 general election...
|| Camp || 147
|-
| Bill Luxton
Bill Luxton
William Robert Luxton is a Falkland Islands farmer and politician who has served as a Member of the Legislative Assembly for the Camp constituency since the 2009 general election...
|| Camp || 147
|}
a. Mike Summers
Mike Summers
Michael Victor Summers OBE is a Falkland Islands politician who has served as a Member of the Legislative Assembly for the Stanley constituency since he won a by-election in 2011. He was previously a Member of the Legislative Council from 1996-2009.Summers was born in Stanley and grew up in Port...
was elected in a by-election on 23 June 2011, which filled the seat vacated by Glenn Ross
Glenn Ross (politician)
Glenn Ross is a Falkland Islands engineer and politician who served as a Member of the Legislative Assembly for the Stanley constituency from the 2009 general election until his resignation in 2011....
.
Other members
| Member | Office |
|---|---|
| Tim Thorogood Tim Thorogood Timothy "Tim" Rupert Thorogood is the current Chief Executive of the Falkland Islands, acting as the islands' head of government.... |
Chief Executive |
| Keith Padgett | Director of Finance |
| Keith Biles | Speaker |
Oath or affirmation
Under section 42 of the constitution, before entering upon the functions of his or her office, the MLAs must take the oath of allegianceOath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution: