HL Deb 31 March 1987 vol 486 cc474-82

3.52 p.m.

The Minister of State, Foreign and Commonwealth Office (Baroness Young)

My Lords, with the leave of the House, I shall now repeat a Statement on the Turks and Caicos Islands which is being made in another place by my honourable friend the Parliamentary Under-Secretary of State, Mr. Eggar. The Statement is as follows:

"Last July I informed the House of the decision to amend the constitution and to suspend ministerial government in the Turks and Caicos. This was an interim measure pending the outcome of a review of the Islands' Constitution.

"A Constitutional Commission was appointed under the chairmanship of Sir Roy Marshall. They consulted widely both in the territory and the English-speaking Caribbean. We are grateful for the dedicated and painstaking way in which they carried out their task. We are also grateful to the leaders of governments in the Caribbean for their wise contributions to our deliberations.

"The commission's report has now been printed as a Command Paper. Copies have been placed in the Libraries of both Houses and will be available in the Vote Office shortly.

"Our objectives have been to ensure: that past failures are rectified and the Turks and Caicos Islands receive a constitution which provides for responsible government; that we discharge our ultimate responsibility for good administration; that the islands' future political, social and economic development is assured. We have accepted the commission's central recommendation that there should be a return to ministerial government. This will be underpinned by a series of new constitutional provisions and other safeguards. It reflects our commitment to, and the islanders' desire for, democratic expression and responsible administration.

"These safeguards, whose implementation will be discussed with the legislature, are: larger multimember constituencies to prevent patronage; more regular Legislative Council sittings; the introduction of a committee system to provide greater ministerial accountability; administrative checks—including a Public Service Commission, ombudsman and resident auditor to ensure an independent Civil Service and better financial discipline.

"In addition, we propose to strengthen the commission's proposals in a number of ways. We agree with the commission's recommendation for a five-year disqualification period for convicted persons, but think it may be too complex. We therefore propose a simpler alternative. This would apply to anyone convicted of a criminal offence carrying a sentence of 12 months or more by a court of law in any country.

"We also propose that, after full consultation with the Chief Minister, the Governor should in future be able to decide whether certain ministerial responsibilities should be allocated to elected members of the Executive Council. Similarly, after consultation with the Chief Minister, he will be able to withdraw a responsibility from a minister if he believes this necessary.

"The commission were also concerned about the limitation of the current jury system. We agree that the right to trial by jury should be retained, while providing defendants a right to opt for trial by judge alone. We propose that the majority of jurors in any particular case should not be drawn from the island of origin or residence of the accused. The judicial system will also be strengthened by the appointment of a resident Chief Justice.

"It will take time to prepare the necessary constitutional amendments and establish the supporting electoral and administrative measures. New elections will therefore be held in April or May 1988, when they are due under the present constitution. Until that time the territory will continue to be administered by the present interim government. We are giving priority to the commission's recommendation for a national development plan, co-ordinated under a central planning unit. We shall ensure that capital aid is used effectively.

"The Constitutional Commission made clear that patronage and malpractice had existed under recent governments in the Turks and Caicos Islands. We are now providing the framework for fair and effective administration and the proper use of taxpayer's money. We expect the new measures to receive the support of the islanders, who were extensively consulted. We are confident they will welcome the return of representative and responsible government."

My Lords, that concludes the Statement.

Lord Cledwyn of Penrhos

My Lords, we are grateful to the noble Baroness for repeating the Statement, and I join her in thanking Sir Roy Marshall and the other members of the commission for all their work in producing the report, which appears to cover the constitutional issues and the recent problems of the Turks and Caicos Islands. We also recall the valuable Blom-Cooper report. We welcome the proposals for a Legislative Council and the restoration of a ministerial system of government.

We note that the commissioners consulted extensively in all six inhabited islands and we appreciate the advice that they received from the leaders of the communities there. In the talks with the islanders themselves, it appears that they were anxious to move towards a democratic system and we welcome that. We are glad to note that this is the Government's ultimate objective. We also note the safeguards described in the report which we regard as extremely valuable and necessary.

I shall be grateful to the noble Baroness if she will say a further word about the Governor's reserve powers which I regard as both necessary and very important. Are we to assume that these will be permanent or will there at any stage be an opportunity to discuss them?

Secondly, can she indicate how she sees the aid programme developing, because this becomes over the next few years rather more significant than before? How will this be operated and who will decide how the money is to be spent? We notice the reference in the Statement just read by the noble Baroness to a policy plan. Who is to draft this plan? Presumably it will be operated under the direction of the Governor himself and possibly, when the Legislative Council is elected, by reference to the members of the Legislative Council as well.

Thirdly, do the Government envisage attracting private investment to the islands so that there may be funds in addition to those which are supplied by the Government themselves? The modern and well-equipped airfield which has been constructed there should attract investment of the right sort—and I stress the words "the right sort" because of the experience of recent years. I note that the islanders themselves want to see a return of the ministerial system, but that they also wish to see measures to prevent future malpractices. The fact that they are aware of the importance of this is, I think, encouraging. Can the noble Baroness say whether she is satisfied that this can be achieved in the light of the commissioners' report?

Finally, we hope that the new proposals, which are intended to provide the islands with efficient and honest administration, will be well received by the islanders and secure their support and co-operation. Given good administration and co-operation between the government and the people, there is no reason why they should not enjoy a happy and prosperous future.

4 p.m.

Lord Gladwyn

My Lords, I too should like to thank the noble Baroness for repeating the Statement.

I was unable to see a copy of the Marshall Report. It does not seem to have penetrated as yet to the room next door, although I believe it may be available in the Library. Anyhow, I do not suppose the fact that I have not seen it will affect very materially what I have to say.

We can, I think, all welcome, and welcome sincerely, the decision taken by the Government to return to ministerial government in these islands, but it is surely clear that the situation under independence was, alter all, so appalling that certain limitations on full ministerial responsibility are still inevitable.

The safeguards suggested, which very properly will come into effect, as I understand it, only after discussions with the legislature, seem therefore on the whole to be only sensible. The most important are presumably the disqualifications on certain people from participating in government at any rate for a period of years, and, I would suggest, the modification to the local system of trial by jury. We can only hope that the safeguards will shortly be approved. I hope that the noble Baroness can tell us that that will probably be the case and that things will consequently be better after the election in 1988.

Having said that, I should like to associate myself with all the questions, and most importantly the economic questions, put by the noble Lord, Lord Cledwyn of Penrhos.

Baroness Young

My Lords, I should like to thank both the noble Lord, Lord Cledwyn of Penrhos, and the noble Lord, Lord Gladwyn, for their reception of the Statement.

I was particularly grateful, to the noble Lord, Lord Cledwyn, for the way he expressed his appreciation of the work of Sir Roy Marshall—I think this was echoed by the noble Lord, Lord Gladwyn—and his colleagues, who have carried out an extensive and painstaking inquiry. We as a government are very appreciative of their work.

The constitutional commission consulted widely in the regions. The commissioners themselves met a wide range of regional leaders. Indeed, the full list is given in paragraph 17 of the report. They also consulted widely among the Turks and Caicos islanders themselves. They held puplic meetings attended by over 500 people, private interviews with another 270 and received 35 written memoranda. They also, of course, as I say, met a wide range of leaders of the Caribbean countries.

The noble Lord, Lord Cledwyn, quite specifically asked me four questions, which I will try to answer. The first was about the Governor's reserve powers. I can confirm that the Governor will use his reserve powers to the fullest extent if it should be necessary. The whole point about reserve powers is, of course, that they are there in reserve. It is very important not only that there should be good government in the Turks and Caicos Islands—something that we all wish to see—but that we shall as far as possible have ministerial government. It is the combination of these two things that we want to see.

He asked specifically whether the reserve powers will be permanent. The proposals that we are making involve a change in the present constitution, so to that extent they will be permanent under the new constitution. Nevertheless, as I hope I have indicated, they will, because they are reserve powers, be used only when it is necessary to use them. That is the nature of reserve powers. Of course there may be—who is to say when?—another constitution, in which case the whole matter can be looked at again.

The noble Lord also asked me about aid. British aid in 1985–86 totalled over £5 million. The Turks and Caicos Islands will continue to receive generous amounts of aid. We shall indeed ensure that the capital aid is used effectively. I am very glad to say that the latest report we have had from the Governor indicates that many of the matters that have been identified as requiring aid, particularly the repair of some of the roads in Turks and Caicos, are now proceeding.

The noble Lord asked me about the development plan. One of the earliest objectives will be, with planning permission, to draw up in conjunction with the legislature a development plan so that the aid which has been set aside can be used effectively for projects in the islands. These will be projects identified by the government of the islands in conjunction, of course, with the Overseas Development Administration, in which the Governor will be involved. We hope that as a result of this new constitution, we shall see good government in the islands, and we shall welcome serious proposals for private investment. The Club Méditerranée development on Providential is a good example of a good private investment. We hope that as a result of the measures we have announced today there will be further investment.

Finally, we share the view of the noble Lord, Lord Cledwyn, that the islanders want to see the return of good government to the islands. They want to see measures that will prevent future malpractice in so far as it is possible to do this by a different constitution. Building on the very constructive proposals of Sir Roy Marshall, we believe that we are giving the islands another chance, and we very much hope that it will be successful.

I hope that, in answering those questions, I have answered also the questions asked by the noble Lord, Lord Gladwyn. I will certainly see that he has a copy of the Marshall Report immediately following this Statement if it is not already in the Printed Paper Office.

Lord Broxbourne

My Lords, can my noble friend the Minister tell us whether her reference to a legislative council implies that it will be a uni-cameral constitution, or. like that of some of the Caribbean islands, bicameral?

Baroness Young

It will be a bicameral legislature. The legislative council will be by direct elections, which we propose should take place in April or May 1988, with, as under the present constitution, the executive council being drawn from the legislative council.

Lord Pitt of Hampstead

My Lords, perhaps I too may join in thanking the noble Baroness, Lady Young, for repeating the Statement, and thank Sir Roy Marshall and his team for the good job that they have done.

I should like to make a couple of suggestions. The problem with the Turks and Caicos Islands is size and lack of resources. This is a recurrent theme whenever we are dealing with the Caribbean. One suggestion is that the legislative council should have larger constituencies which would be multi-member. I personally think that it would be an improvement if it was done by proportional representation, by which I mean STV—the single transferable vote. I should like the Government to take that on board when they are agreeing to set up this legislature.

Secondly, the Marshall Report suggested that the other Caribbean islands should be consulted about technical co-operation for training public servants. That is a good step in the right direction.

On the other hand, I believe that the Government should give additional thought to further co-operation between little islands such as the Turks and Caicos and some other territories. When I was a boy in Grenada we were part of the Windward Islands. In actual fact, we had a joint Civil Service—

Lord Hatch of Lusby

And cricket team.

Lord Pitt of Hampstead

No, we used to compete. We had a joint Civil Service. When I qualified and went back to Grenada, I was sent as a district medical officer to St. Vincent. That sort of situation cannot be resumed because most of the other territories are independent. However, it strikes me that the Government might investigate the possibility of closer co-operation in fields such as those.

I do not know to what extent the Turks and Caicos are part of the Joint Supreme Court which the associated states have, or whether they can become part of that system. But there are matters along those lines which I should like the Government to seriously consider because the problem that arose is one that will arise in territories of that sort when they are small, lacking in resources, and when, as in the case of the Turks and Caicos, so much of the employment comes from the government. In countries with few resources and where the government is the main employer, corruption is an obvious danger.

I hope that the Minister will take on board the suggestions which I am throwing out. It is possible, by thinking along those lines and getting the small islands to work closely with one another so that there is less danger of the sort of thing which happened there, to reduce such problems, even though we cannot entirely prevent them.

Baroness Young

My Lords, I should like to thank the noble Lord, Lord Pitt, for his reception of the Statement. I very much take the point which he makes today, and which he has made to me on many occasions, concerning the problems which confront small islands with limited resources.

The Marshall Report proposed larger constituencies with multi-membership as a way of getting over some of the difficulties which have been identified. I know that the question of proportional representation was studied. However, it was concluded that there were practical objections which obliged the commission to rule that out—principally the financial and logistical burden identified in chapter 4 of the report. Nevertheless, I note the point that the noble Lord has made. I also note his point on the matter, which I have discussed with him and upon which I value his views, of proposals for co-operation between the islands. I shall certainly take note of those points. They will be borne in mind in our thinking on any future proposals concerning dependent territories.

4.15 p.m.

Lord Taylor of Gryfe

My Lords, I welcome the best intentions of the Government to return the Turks and Caicos Islands to a democratic form of government. I also welcome the advice of the Minister that she recognises that democracy in the Turks and Caicos Islands will always be a fragile plant. They have no long tradition of democratic government and experiences of the last few years indicate that democratic government can be substantially abused. I am therefore glad that the reserve powers of the Governor are emphasised in the Statement which has been made.

While consultations has taken place with the Caribbean neighbours of the Turks and Caicos, it must be recognised that at least one of their Caribbean neighbours is a thousand miles away in Trinidad. The Turks and Caicos Islands are at the top of the arc of the Caribbean archipelago. The United States of America is much closer to the Turks and Caicos Islands. Miami is only half an hour's flight from the Turks and Caicos. I should be glad for some assurance from the Minister that the security aspect of the existence of these fragmented islands close to the United States of America has been considered in the discussions that have taken place.

May I also ask the Minister whether, following the establishment of the new airport to which we in this country substantially contributed, that airport appears to be a useful landing spot for the much increased drug trade between the Turks and Caicos and Florida? May we have some assurances from the Minister that the kind of economic development which the previous regime had in mind of exploiting the expanding drug trade and building a collection of gambling casinos for the use of people flying over from Miami is not the kind of economic development that will be envisaged in the new development plan which has been mentioned?

Baroness Young

My Lords, I am grateful to the noble Lord, Lord Taylor of Gryfe, for his support of the Statement and for his comment that democracy in the Turks and Caicos is fragile. I am also grateful for his support of the use, if necessary, of the reserve powers of the Governor.

In answer to the quite specific points which the noble Lord has made, security is a matter which we have discussed with the United States. We work closely together on that matter and we very much share the concern about the problem of drugs. We have recently concluded the United Kingdom-Turks and Caicos Islands-United States narcotics agreement which will support co-operation between ourselves, the Americans and the islanders. We are firmly committed to combating the drugs trade and all its related activities. That is something to which we attach great importance, particularly in a dependent territory where Parliament ultimately has responsibility.

On the last point which the noble Lord made about development, when I spoke of private development I meant that we want to see development which is for the benefit of the islanders and not the kind of development which he described and which I agree would be an appalling development.

Lord Hatch of Lusby

My Lords, I associate myself with what has been said concerning our thanks to Sir Roy Marshall, who many of us knew both in this country and in the Caribbean, to his colleagues and to the other Caribbean leaders who have contributed to this projected solution. I think that the Government are right to accept the bulk of the Marshall Report. However, is it not correct that Sir Roy Marshall proposed in the report that the new legislature should be elected this year? As the Government have had the report to hand since December, why is there the delay from the end of this year? Surely it will be possible to make the arrangements this year rather than to wait until the spring of next year.

Also, there is some disturbance about the attitude towards the reserve powers of the Governor. I know that the Minister will not be able to give us details this afternoon. However, she has mentioned that there will be consultation with the legislature before those reserve powers are used. Who is going to determine what the circumstances will be in which such powers will apply?

Lastly, in regard to her comments about the economic development of the country, many of us who have some experience of economic development both in the Caribbean and in other places would be very concerned about her suggestion that economic development in the Turks and Caicos Islands should resemble that of the Club Méditerraneé. Is this not just a kind of candy-floss development, which I believe has been supported by this Government's British aid, for American visitors which leaves the inhabitants of the country without any increased standard of living?

Baroness Young

My Lords, I am glad that the noble Lord, Lord Hatch, is in general agreement with the Statement. With regard to the timetable on the elections, it is true that it was originally hoped that the elections would take place later on in 1987. The report was received at Christmas time and we wanted to study very thoroughly the recommendations of Sir Roy Marshall. We appreciated the great effort that he put into it but the situation in this dependent territory has proved to be very serious. We wanted to make quite sure that we had ourselves considered the matters fully and were not looking as if we were not giving it a proper consideration before coming to Parliament with our proposals.

As a consequence, we believe that it is better to leave the elections—and it still means that it is an interim administration—until the time they would have been held under the old constitution, in April or May 1988. This will give us time to get in place all the necessary administrative and electoral arrangements, to make sure that electoral registers are drawn up and so on—the noble Lord will be as familiar as I am with the kind of procedures that are necessary—in order that the elections can take place next year. That will give everybody time to prepare for them.

On the question of the governor's reserve powers, I hope that I indicated when they might be used in my answer to the noble Lord, Lord Cledwyn. They would be used if it was necessary. In the constitution the governor has reserve powers over external matters and so on. These would be used with regard to appointments. If the noble Lord, Lord Hatch, looks very closely at the preceding report by Mr. Blom-Cooper into the arson case in Turks and Caicos (more than a year ago now), he will see the strictures that Mr. Blom-Cooper made on certain people. We believe that we must try so far as possible to make quite sure that as a result of further elections we do not find ourselves in a similar position. Of course, we hope that this will not be necessary and that things will go well. However, we must leave ourselves with the possibility that the reserve powers could be used.

Finally, I would not accept from the noble Lord that the Club Méditerranée is a "candy-floss" development". This development is bringing in a good many foreign visitors. Tourism is clearly one of the ways in which development could come to the islands, something that we want to see, and we hope that there will be reputable developments of different kinds which will bring prosperity to all of the islanders.

4.24 p.m.