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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. It has an equivalent role to that of the Privy Council in the United Kingdom. The first Executive Council for the Falklands was inaugurated on 2 April 1845 by Governor Richard Moody. [1]
The powers, function, membership and tenure of the Executive Council is prescribed in Chapter V of the Falkland Islands Constitution, which came into force on 1 January 2009. The executive authority of the Falkland Islands is vested in the King, and that authority is exercised on his behalf by the Governor of the Falkland Islands, who acts on the advice of the Executive Council. The constitution gives the governor the power to act against the advice of the Executive Council, however, governors are required to immediately report the matter to His Majesty's Government in the United Kingdom with an explanation.
The Executive Council can set up a Committee to which it can delegate any of its powers, such as the selecting of a Chief Executive, although any decision made by the Committee has to be approved by the Executive Council. Meetings of the Executive Council take place at the discretion of the Governor, although the Governor is obliged to hold a meeting if two or more Councillors request one. Council meetings normally take place monthly.
At the first meeting of the Legislative Assembly of the Falkland Islands after every general election, the Legislative Assembly elects three of its members to the Executive Council, of whom at least one must represent a Stanley constituency and at least one must represent a Camp constituency. The term of office for an Executive Council member is twelve months, after which time the Legislative Assembly elects new members to the Council, although Councillors are permitted to seek re-election to the Council as often as they like. Membership of the Council can end early if a Councillor resigns, or if an elected member ceases to also be a member of the Legislative Assembly. An elected Councillor member can be forcibly removed from the Council by a resolution in the Legislative Assembly. Also, membership is revoked automatically if a Councillor is absent for three consecutive Council meetings without permission.
There are also two ex officio members of the Council, the Chief Executive and the Director of Finance of the Falkland Islands, although they are barred from voting in the Council's meetings. The Commander of the British Forces in the South Atlantic Islands and the Attorney General of the Falkland Islands are also permitted to attend Council meetings, although they are not members of the Council and cannot vote. The Governor is also present at meetings of the Executive Council, acting as chairperson.
November 2013 to November 2014: Mike Summers (Stanley), Phyllis Rendell (Camp), Dr. Barry Elsby (Stanley) [2]
November 2014 to November 2015: Mike Summers (Stanley), Phyllis Rendell (Camp), Michael Poole (Stanley) [3]
November 2015 to November 2016: Mike Summers (Stanley), Phyllis Rendell (Camp), Jan Cheek (Stanley) [4]
November 2016 to November 2017: Mike Summers (Stanley), Roger Edwards (Camp), Jan Cheek (Stanley) [5]
Under section 64 of the constitution, before taking part in any proceedings of the Executive Council, Councillors must take the oath or affirmation of secrecy. The wording is specified in Annex B to the Constitution:
"I, name, do swear (or solemnly affirm) that I will be a true and faithful Councillor and that I will not, except in the course of my duties as a Councillor or with the authority of the Governor, reveal the business or proceedings of the Executive Council at any meeting of the Council or the nature or contents of any document or any other matter communicated to me in my capacity as a Councillor or for the purposes of any such meeting. So help me God."
The politics of the Falkland Islands takes place in a framework of a constitutional monarchy and parliamentary representative democratic dependency as set out by the constitution, whereby the Governor exercises the duties of head of state in the absence of the monarch and the Chief Executive is the head of the Civil Service, with an elected Legislative Assembly to propose new laws, national policy, approve finance and hold the executive to account.
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in His Majesty's name and on His Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch. The role and powers of the Governor are set out in Chapter II of the Falkland Islands Constitution. The Governor in office resides at Government House, which serves as the official residence.
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 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 Chief Executive of the Falklands Islands is head of the public service responsible for the efficient and effective management of the Falkland Islands Government. The appointment, role and powers of the chief executive are set out in the Constitution of the Falkland Islands.
The Speaker of the Legislative Assembly is the presiding officer of the Legislative Assembly of the Falkland Islands. The Speaker also administers the oaths of office and allegiance.
The Legislative Council of the Falkland Islands was the unicameral legislature of the Falkland Islands from 13 November 1845 until 1 January 2009. The new constitution came into force in 2009 and replaced the Legislative Council with the Legislative Assembly of the Falkland Islands.
The Falkland Islands Constitution is a predominantly codified constitution documented primarily within the Falkland Islands Constitution Order 2008, a statutory instrument of the United Kingdom. The Constitution, in its present form, was made on 5 November 2008 by Queen Elizabeth II in a meeting of the Privy Council at Buckingham Palace. It was laid before Parliament on 12 November 2008 and came into force on 1 January 2009, replacing the 1985 constitution.
The Falkland Islands general election of 2005 was held on Thursday 17 November 2005 to elect members to the Legislative Council. It would be the last general election in the Falkland Islands before the new constitution came into force, which replaced the Legislative Council with the Legislative Assembly. Chief Executive Chris Simpkins acted as Returning Officer.
Lesbian, gay, bisexual and transgender (LGBT) people in the British Overseas Territory of the Falkland Islands enjoy most of the same rights as non-LGBT people. Marriage and civil partnerships have been open to both opposite-sex and same-sex couples since 29 April 2017. Discrimination on the basis of sexual orientation is constitutionally banned. Additionally, attitudes are largely positive; a public consultation found that 90% of respondents were in favour of same-sex marriage.
Sharon Halford is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Camp constituency from 2009 until 2013. Halford was also a Member of the Legislative Council from 1993–2001 for Stanley.
Michael Victor Summers is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Stanley constituency from 2011 to 2017. He was previously a Member of the Legislative Council from 1996–2009.
John Birmingham is a British-born Falkland Islands politician who served as a Member of the Legislative Assembly for the Stanley constituency from a by-election in 2008 until the 2009 general election. Birmingham was elected as a Member of the Legislative Council, which was reconstituted into the Legislative Assembly with the implementation of the 2009 Constitution. He was previously a Member of the Legislative Council from 1994–2005.
Michael Rendell is a British-born Falkland Islands politician and former Royal Marine who served as a Member of the Legislative Assembly for the Camp constituency from 2005 until 2009. Rendell was elected as a Member of the Legislative Council, which was reconstituted into the Legislative Assembly with the implementation of the 2009 Constitution.
The Falkland Islands general election of 2017 was held on Thursday 9 November 2017 to elect all eight members of the Legislative Assembly through universal suffrage using block voting, with each Stanley constituent having up to 5 votes and each Camp constituent having up to 3 votes. Voter turnout was 80% in Stanley and 86% in Camp.
Phyllis Mary Rendell is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Camp constituency from 2013 to 2017.
Same-sex marriage in the Falkland Islands has been legal since 29 April 2017. A law to permit same-sex couples to marry passed the Legislative Assembly on 30 March, and was given royal assent by Governor Colin Roberts on 13 April. The territory also recognises civil partnerships, open to both same-sex and different-sex couples.
The Falkland Islands general election of 2021 was held on Thursday 4 November 2021 to elect all eight members of the Legislative Assembly through universal suffrage using block voting, with the Chief Executive of the Falkland Islands acting as returning officer. It was the fourth election since the new Constitution came into force replacing the Legislative Council with the Legislative Assembly.
A referendum on reforming the electoral system was held in the Falkland Islands on 24 September 2020, after being postponed from 26 March 2020 following the Coronavirus pandemic. Voters were asked if they wanted to replace the two existing electoral constituencies with a single constituency for the whole of the Islands. Although a majority of those who voted supported the change, the required two-thirds majority in both of the islands' constituencies was not achieved.
The Next Falkland Islands general election will elect all eight members of the Legislative Assembly through universal suffrage using block voting, with the Chief Executive of the Falkland Islands acting as returning officer. It will be the fifth election since the new Constitution came into force replacing the Legislative Council with the Legislative Assembly.