Governor of The Falkland Islands - Appointment and Powers

Appointment and Powers

The Governor is appointed by the Queen on the advice of her Secretary of State for Foreign and Commonwealth Affairs in the United Kingdom. The appointment is actually made by a Royal Commission under the royal sign-manual.

Under the Constitution, executive authority of the Falkland Islands is vested in the Queen, and her authority is exercised on her behalf by the Governor. The Governor normally only executes executive power on the advice of the Executive Council of the Falkland Islands, which consists of three elected members of the Legislative Assembly, the Chief Executive and the Director of Finance. In addition, the Attorney General and the Commander of the British Forces in the South Atlantic attend council meetings by invitation, although they cannot vote in the Council meetings. The Governor also acts as the Presiding Officer of the Executive Council.

Acting on the advice of the Executive Council, the Governor has the power to call a meeting of the Executive Council, dissolve the Legislative Assembly and call a general election by proclamation, recall a dissolve Assembly, give Royal Assent to laws passed by the Legislative Assembly, and disallow or reintroduce a law passed by the Legislative Assembly. The Governor also appoints the members and can remove members of the Advisory Committee on the Prerogative of Mercy after consulting Legislative Assembly. On the advice of the Advisory Committee, the Governor may grant pardons to anyone convicted of any offence, as well as commute or remit any sentence of any person convicted on the islands.

In most cases, the Governor must consult with the Executive Council, and accept its advice. There are exceptions however, set out in the constitution, when the Governor is permitted to not consult the Council and even go against its advice, but in this eventuality, the Governor is required to inform the Secretary of State in the UK of the reasons for this action, and in the case of blocking laws passed by the Legislative Assembly, the Secretary of State must give prior authorisation. Under section 67 of the constitution, the Governor may go against the advice of the Council if, in his or her judgement, it would be right to do so in the interests of good governance or if such advice would affect external affairs, defence, internal security (including the police), administration of justice, audit, appointments to the public service, the discipline and removal from office of public officers, and the management of the public service. In all these instances the members of the Executive Council can appeal to the Secretary of State.

The Governor is also responsible for the defence and internal security of the Falklands (with the exception of police matters), though the Governor is constitutionally obliged to consult with the Commander of the British Forces on such matters.