Legislative Assembly of the Falkland Islands

Last updated

Legislative Assembly of the
Falkland Islands
Coat of arms of the Falkland Islands.svg
Gilbert-House.jpg
The Office of the Legislative Assembly (Gilbert House)
Type
Type
Term limits
4 years
History
Founded1 January 2009 (2009-01-01)
Preceded by Legislative Council of the Falkland Islands
Leadership
Keith Biles (Non-affiliated)
Structure
Seats12 (8 elected, 3 non-voting ex officio members, 1 speaker)
Falkland Islands Legislative Assembly composition.svg
Political groups
  Nonpartisan: 11 seats
Elections
Block voting
Last election
4 November 2021
Next election
2025
Meeting place
Stanley Town Hall, Stanley, Falkland Islands
Website
hhttps://www.falklands.gov.fk/assembly/

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 1845) when the new Constitution of the Falklands came into force in 2009 and laid out the composition, powers and procedures of the islands' legislature.

Contents

The Legislative Assembly consists of eight elected members, three ex officio members (the Chief Executive, the Director of Finance and the Attorney General), 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 also has 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 Governor. 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 gives 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 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.

Since the 2013 general election MLAs have been paid a salary, rather than just expenses, and are expected to work full-time, giving up whatever jobs or business interests they may have previously held. [1]

Elections

There must be a general election on the Falklands at least once every four years, although there can be an election at any time. As in most Westminster systems, 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 using block voting. The Stanley constituency consists of the area within 3.5 mi (5.6 km) of the spire of Christ Church Cathedral, Stanley, while the Camp constituency consists of the rest of the Territory. [2] 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 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, have Falkland Islands status be a British citizen and are a resident in the Falkland Islands on the date of the election.

Someone can lose their right to vote if 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 His 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-election 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

Members of the Falkland Islands Legislative Assembly and Mark Lancaster TD MP in November 2016. Members of the Falkland Islands Legislative Assembly (30890771101).jpg
Members of the Falkland Islands Legislative Assembly and Mark Lancaster TD MP in November 2016.

The last election took place on 4 November 2021 and the next election is due to take place in 2025. As no political parties are active on the Islands, non-partisans were elected at the most recent election.

Elected members

MemberConstituencyVotes
Leona Vidal Roberts Stanley 839
Roger Spink Stanley691
Pete Biggs Stanley570
Mark Pollard Stanley550
Gavin Short Stanley486
Teslyn Barkman Camp 184
Ian Hansen Camp126
John Birmingham Camp122

Officials

Icon of St. Nicholas at Gilbert House. He is a protector of fishermen and by extension of the Falklands fisheries. Chapkanov-St-Nicholas.jpg
Icon of St. Nicholas at Gilbert House. He is a protector of fishermen and by extension of the Falklands fisheries.

The Directorates are paid employees, members of the Corporate Management Team, the principal civil servants of the Assembly.

MemberOffice
Andy Keeling Chief Executive
James Wilson Director of Finance
Keith Biles Speaker
Simon Young Attorney General

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 allegiance and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution:

"I, name, do swear (or solemnly affirm) that I will well and truly serve His Majesty King Charles the Third, His Heirs and Successors, and the people of the Falkland Islands, and will uphold the Constitution and other laws in force in the Falkland Islands, as a member of the Legislative Assembly. So help me God."

Related Research Articles

<span class="mw-page-title-main">Politics of the Falkland Islands</span>

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.

<span class="mw-page-title-main">National Assembly of Pakistan</span> Lower house of the Parliament of Pakistan

The National Assembly of Pakistan is the lower house of the bicameral Parliament of Pakistan, with the upper house being the Senate. As of 2023, the National Assembly has a maximum membership of 342, of which 266 are directly elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, while 70 are elected on reserved seats for women and religious minorities from all over the country and six on reserved seats for former Federally Administered Tribal Areas, and the members hold their seats for five years or until the house is dissolved by the President on the advice of the Prime Minister. The house convenes at the Parliament House, Red Zone, Islamabad.

<span class="mw-page-title-main">Member of the Legislative Assembly (India)</span> Member of a State Legislature in India

A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.

<span class="mw-page-title-main">Parliament of Antigua and Barbuda</span> Bicameral legislature of Antigua and Barbuda

The Parliament of Antigua and Barbuda consists of the King of Antigua and Barbuda, the Senate and the House of Representatives.

<span class="mw-page-title-main">House of Assembly (Kiribati)</span>

The House of Assembly is the Legislature of Kiribati. Since 2016, it has 45 members, 44 elected for a four-year term in 23 single-seat and multi-seat constituencies and 1 non-elected delegate from the Banaban community on Rabi Island in Fiji. From 1979 to 2016, the Attorney general was an ex officio member of the legislature, until a change of the constitution modified this provision.

<span class="mw-page-title-main">House of Assembly of the British Virgin Islands</span>

The House of Assembly of the British Virgin Islands, until 2007 known as the Legislative Council, has 15 members: 13 directly elected for four-year terms, and two ex officio members.

<span class="mw-page-title-main">Parliament of the Cayman Islands</span>

The Parliament of the Cayman Islands is the unicameral legislature of the British Overseas Territory of the Cayman Islands. It is composed of 21 members; 19 elected members for a four-year term and two members ex officio.

<span class="mw-page-title-main">Provincial Assembly of the Punjab</span> Unicameral legislature of a Pakistani province

The Provincial Assembly of the Punjab is a unicameral legislature of elected representatives of the Pakistani province of Punjab, which is located in Lahore, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 371 seats, with 297 general seats, 66 seats reserved for women and 8 reserved for non-Muslims. The 17th Provincial Assembly of the Punjab was dissolved prematurely on 14 January 2023. The date of next elections in Punjab is being highly contested legally. The Constitution of Pakistan requires that new elections for the Punjab Assembly must be held within 90 days from the date of dissolution under Article 224(3)(a). Therefore, by law, new elections for the Punjab Assembly must have been held by 14 April 2023. However, the Election Commission of Pakistan had unilaterally announced that the province was set to elect a new legislature on 14 May 2023. After that date's passing, it is unclear when provincial elections will be held.

<span class="mw-page-title-main">Provincial Assembly of Sindh</span> Unicameral legislature of a Pakistani province

The Provincial Assembly of Sindh is a unicameral legislature of elected representatives of the Pakistani province of Sindh, and is located in Karachi, its provincial capital. It was established under Article 106 of the Constitution of Pakistan having a total of 168 seats, with 130 general seats, 29 seats reserved for women and 9 seats reserved for non-Muslims.

<span class="mw-page-title-main">Provincial Assembly of Khyber Pakhtunkhwa</span> Unicameral Legislature of a Pakistani province

The Provincial Assembly ofKhyber Pakhtunkhwa is a unicameral legislature of elected representatives of the Pakistani province of Khyber Pakhtunkhwa, which is located in Peshawar, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 145 seats, with 115 general seats, 26 seats reserved for women and 4 reserved for non-Muslims. The 11th Provincial Assembly of the Khyber Pakhtunkhwa was dissolved on 18 January 2023, and the province is set to elect a new legislature on 8 October 2023.

<span class="mw-page-title-main">Bihar Legislative Assembly</span> Lower house of the bicameral legislature of the Indian state of Bihar

The Bihar Legislative Assembly also known as the Bihar Vidhan Sabha is the lower house of the bicameral Bihar Legislature of the state of Bihar in India. The first state elections were held in 1952.

<span class="mw-page-title-main">Speaker of the Legislative Assembly of the Falkland Islands</span>

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.

<span class="mw-page-title-main">Legislative Council of the Falkland Islands</span>

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.

<span class="mw-page-title-main">Executive Council of the Falkland Islands</span>

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.

<span class="mw-page-title-main">Constitution of the Falkland Islands</span>

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.

<span class="mw-page-title-main">Sarawak State Legislative Assembly</span> Unicameral legislature of the Malaysian state of Sarawak

The Sarawak State Legislative Assembly is the legislative chamber of the unicameral legislature of the Malaysian state of Sarawak; the Yang di-Pertua Negeri of Sarawak forms the other part of the legislature. The Assembly is modelled after the traditions of the Westminster parliamentary system, which originates from the practices of the British Parliament. The executive branch of government is drawn from the elected members of the Assembly. The State Legislative Assembly sits at the Sarawak State Legislative Assembly Building located in Petra Jaya in Kuching, the state capital.

<span class="mw-page-title-main">2013 Falkland Islands general election</span>

The Falkland Islands general election of 2013 was held on Thursday 7 November 2013 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. A total of 1,046 ballots were cast in Stanley, representing a turn-out of 75.4%, and 242 ballots in Camp, representing a turn-out of 85.5%. As no political parties are active in the Falklands, all the candidates stood as Independents. The Chief Executive of the Falkland Islands, Keith Padgett, acted as returning officer. It was the second election since the new Constitution came into force replacing the Legislative Council with the Legislative Assembly.

<span class="mw-page-title-main">2021 Falkland Islands general election</span>

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.

<span class="mw-page-title-main">Next Falkland Islands general election</span>

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.

References

  1. "Falklands lawmakers: 'The full time problem'". MercoPress. 28 October 2013. Retrieved 8 November 2013.
  2. Section 6, Electoral Ordinance 1988 (Ordinance No. 21 of 1988), read with the Elections (Boundaries of Constituencies) Regulations 1989 (S.R. & O. No. 11 of 1989).