Politics of Saint Helena, Ascension and Tristan da Cunha explained

The politics of Saint Helena, Ascension and Tristan da Cunha operate under the jurisdiction of the government of the United Kingdom.[1] The three parts of the territory—Saint Helena, Ascension Island and Tristan da Cunha—effectively form an asymmetric federacy and collectively constitute one of United Kingdom's fourteen overseas territories.

Structure of government

See also: The St Helena, Ascension and Tristan da Cunha Constitution Order 2009. Because of the islands' status as an overseas territory of the United Kingdom, they are currently ruled over by Charles III and his government in the United Kingdom, with the Governor of Saint Helena serving as the monarch's representative to the territory as well as the territory's executive. This position is currently held by Nigel Phillips, who took office in 2022. Island Administrators serve as the representatives of the Governor on Ascension and Tristan da Cunha, which are distant from Saint Helena island, and are permanently resident on those islands. These roles are presently filled by Colin Wells and Sean Burns respectively. The territory's Governor and Attorney General reside at Jamestown on Saint Helena.

Part Crown representative Council
Saint Helena Legislative Council of Saint Helena
Ascension Island Ascension Island Council
Tristan da Cunha Tristan da Cunha Island Council

Formation and Constitution, 1922–present

In September 1922, Ascension Island became a dependency of Saint Helena, followed by Tristan da Cunha in January 1938. The three islands were held under this flagship as "Saint Helena and Dependencies" until they were collectively changed to equal status in 2009, becoming Saint Helena, Ascension and Tristan da Cunha.

A new constitution, the St Helena, Ascension and Tristan da Cunha Constitution Order 2009,[2] replaced a previous constitution drafted in 1988, providing a Bill of Rights for citizens and details outlining balanced provisions for the islands.[3] It confirmed the allegiance of the three islands to the United Kingdom, its Government and the Crown and that the islands now formed a single, territorial grouping. The constitution also placed restrictions on the governor's power, forming more of a union between the Governor and the two Resident Administrators.[4]

Attorney General of Saint Helena

The post of the Attorney General of Saint Helena was created around 1978. Beforehand, the "Legal Advisers Office", as it was called at that time, was to provide legal advice to the St. Helena Government and the Judiciary and legal support to the Land Adjudication exercise."[5]

Attorney General of Saint Helena (Incomplete Table)!Name!Year(s) of Service)
Alan Hoole[6] c. 1978-1983
David J. Jeremiah[7] [8] c. 1991-1997
Kurt De Freitas[9] c. 1997-2004
Ken Baddon[10] [11] [12] [13] c. 2005-2013
Frank Wastellc. 2013-2014
Nicola Moore[14] c. 2014-2016
Angelo Berbotto[15] c. 2016-2018
Sara O'Donnellc. 2018-2019
Allen Cansick[16] c. 2019-
Antony Rushford is identified as having been the Attorney General of Saint Helena. However, his years of service are unknown. Rushford had also served as the Attorney General of Anguilla and Attorney General of Grenada.[17]

Media

See also: Communications in Saint Helena. Each of the islands offers radio stations and local newspapers. While there are no locally operated TV stations anywhere in the territory, overseas programming is broadcast via satellite in St. Helena. Cable and Wireless Communications, based in the UK, operates its telecommunications infrastructure.[18]

The BBC Atlantic Relay Station transmits radio programs to Ascension Island but television service is limited to the British Forces Broadcasting Service. A radio station operated by the US Air Force, "Volcano Radio", also carries locally produced programming.[19]

On Tristan da Cunha, Atlantic FM carries local broadcasts. BFBS TV is also available. The island's first internet cafe opened in 2006.[20]

Judiciary

The territory has four courts of its own:

Governor Nigel Phillips appointed Sir John Henry Boulton Saunders and H H Michael Paul Yelton as the President and the Justice respectively of the Saint Helena Court of Appeal from 2023 to 2026.[21] The Judicial Committee of the Privy Council, in London, is the final court of appeal for the territory however, as is the case with all other British overseas territories.

Criminal matters are investigated by the Saint Helena Police Service and prosecuted at court by the Crown Prosecutor. The current Crown Prosecutor is Ben Brown, having been appointed on 9 February 2021.[22]

Crown Prosecutor of St. Helena (Incomplete table)!Name!Year(s) of Service
Aine Hurley[23] 2014-2019
Amanda Bailey2019-2019
Shardae Oliver[24] 2020-2021
Ben Brown[25] 2021–2022

Public Solicitor

Although there are no private practice lawyers on Saint Helena, there is a Public Solicitor (the office was established on January 2, 1998) that is supported by legally-trained lay advocates.[26] [27] [28] They provide legal advice and assistance to residents, as well as offer court representation whenever appropriate. Depending on the severity of the case, a lawyer from the United Kingdom might be sent for to represent a defendant.[29]

Public Solicitor of St. Helena (Complete Table)!Name!Year(s) of Service
Jonathan Hardiker[30] c. 1998-2001
Colin Forbes[31] c. 2001-2006
Jane Hamilton-White (1st female)c. 2006-2008
Neil Davidson[32] [33] [34] c. 2008-2011
Debbie Wahle[35] [36] [37] c. 2011-2015
Nicholas Aldridge[38] [39] c. 2015-2017
Sara O'Donnell[40] c. 2017
Helen Scott[41] c. 2018
Duncan Cooke[42] c. 2018-2020
Ruth Barberc. 2021–Present

Notes and References

  1. https://www.cia.gov/the-world-factbook/countries/saint-helena-ascension-and-tristan-da-cunha/ "Profile on Saint Helena, Ascension and Tristan da Cunha"
  2. Web site: The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 . 2015-01-01 . https://web.archive.org/web/20150205040753/http://www.legislation.gov.uk/uksi/2009/1751/contents/made . 2015-02-05 . live .
  3. http://www.tristandc.com/newsgovconsistution.php "Enhanced status and a Bill of Rights in Tristan's new constitution"
  4. http://www.tristantimes.com/artd_6721_07_2009_5.html "New Constitution for Saint Helena, Ascension and Tristan de Cunha"
  5. Web site: THE LEGAL, LANDS AND PLANNING DEPARTMENT (Archived Page). 2005. The Saint Helena Government Website. https://web.archive.org/web/20010307082558/http://www.sainthelena.gov.sh/government/legallands.htm. 2001-03-07. dead.
  6. Web site: Saint Helena Island Info: All about St Helena, in the South Atlantic Ocean • The Governor of St Helena. sainthelenaisland.info. en. 2018-03-23. https://web.archive.org/web/20180322125301/http://sainthelenaisland.info/governor.htm. 2018-03-22. live.
  7. Book: Whitaker, Joseph. Whitaker's Almanac 1992 124. 1991-12-01. J. Whitaker. 9780850212204. en.
  8. Book: Council, Saint Helena Legislative. Proceedings of the Legislative Council. 1993. U.S. Government Printing Office. en.
  9. Web site: Attorney General to take post in Cayman Islands. January 28, 2004. Saint Helena Herald.
  10. Web site: Tristan da Cunha Government News 2006 to 2008. Grundy. Richard. www.tristandc.com. en-GB. 2018-03-23.
  11. Web site: Ascension : APPOINTMENT OF ACTING GOVERNOR. August 26, 2011.
  12. News: Legislation of St Helena, Ascension & Tristan da Cunha. 2013-02-02. St Helena. 2018-03-23. en-US. https://web.archive.org/web/20180324041111/http://www.sainthelena.gov.sh/legislation-territorial-grouping/. 2018-03-24. live.
  13. News: ATTORNEY GENERAL KEN BADDON. 2013-08-06. St Helena. 2018-03-23. en-US. https://web.archive.org/web/20180324041151/http://www.sainthelena.gov.sh/attorney-general-ken-baddon/. 2018-03-24. live.
  14. News: RECEPTION WELCOMES NEW ATTORNEY GENERAL. 2014-12-01. St Helena. 2018-03-23. en-US. https://web.archive.org/web/20180324041132/http://www.sainthelena.gov.sh/reception-welcomes-new-attorney-general/. 2018-03-24. live.
  15. News: FAREWELL TO ATTORNEY GENERAL ANGELO BERBOTTO. 2018-01-26. St Helena. 2018-03-23. en-US. https://web.archive.org/web/20180324041014/http://www.sainthelena.gov.sh/farewell-to-attorney-general-angelo-berbotto/. 2018-03-24. live.
  16. Web site: 2019-11-20. Allen Cansick Sworn In as Attorney General. 2021-10-17. St Helena Government. en-US.
  17. Web site: Antony Rushford CMG. Old Tauntonians (Taunton School).
  18. http://www.cwc.com/live/nearfar/our-regions/monaco-islands/st-helena.html "St Helena"
  19. http://www.thecommonwealth.org/YearbookInternal/140416/148846/ascension_island/” United Kingdom - Ascension Island"
  20. http://www.saint.fm/tristan.htm "Communications on Tristan"
  21. Web site: 2023 . Appointment of President and Justice of the St Helena Court of Appeal . St Helena Government Gazette.
  22. Web site: The St. Helena Government Gazette E X T R A O R D I N A R Y - 9 February 2021.
  23. The St. Helena Government Gazette. The St. Helena Government Gazette.
  24. Saint Helena Government Gazette. Saint Helena Government Gazette.
  25. Saint Helena Government Gazette. Saint Helena Government Gazette.
  26. Web site: Solicitor's Office / I The Office At A Glance (Archived page). 2006. The Saint Helena Government Website. https://web.archive.org/web/20020129134921/http://www.sainthelena.gov.sh/other/solicitorsoffice2.html. 2002-01-29. dead.
  27. Web site: ST HELENA REVISED EDITION OF THE LAWS, 2017 COURTS AND JUSTICE / LEGAL AID, ASSISTANCE AND SERVICES ORDINANCE, 2017. https://web.archive.org/web/20180322082247/http://www.sainthelena.gov.sh/wp-content/uploads/2017/11/Legal-Aid-Assistance-and-Servicess-Ordinance.pdf. 2018-03-22. live.
  28. Book: The Commonwealth Yearbook. 1999. H.M. Stationery Office. 9781902221182 . en.
  29. Book: St Helena: Ascension, Tristan Da Cunha. Steiner. Sue. Liston. Robin. Grundy. Richard. 2007. Bradt Travel Guides. 9781841621982. en.
  30. Web site: ARTICLE IN THE ST HELENA INDEPENDENT DATED 12 MAY 2006. https://web.archive.org/web/20160805132718/http://www.oldframlinghamian.com/images/articles/JUDGEGEOFFREYWILLIAMMARTINOBEG46-54.pdf. 2016-08-05. live.
  31. News: Sun, sand, sea and a solicitor for St Helena. 2018-03-21. en. https://web.archive.org/web/20180322143051/https://www.scotsman.com/news/sun-sand-sea-and-a-solicitor-for-st-helena-1-719624. 2018-03-22. live.
  32. Web site: Ascension : Ask A Lawyer. April 12, 2008. The Ascension Island Newspaper.
  33. Web site: St Helena : New Public Solicitor on St Helena. April 16, 2011. St. Helena Herald.
  34. Web site: Tristan: H.E. THE GOVERNOR MR ANDREW GURR REPORTS ON HIS MAY-JUNE VISIT TO THE UK AND ELSEWHERE. Brock. Juanita. June 30, 2008. Tristan Times.
  35. Web site: Saint Helena Island Info: All about St Helena, in the South Atlantic Ocean • Important Information. 2010. sainthelenaisland.info. en. 2018-03-21. https://web.archive.org/web/20180322135202/http://sainthelenaisland.info/legal.htm. 2018-03-22. live.
  36. News: NEW LAY ADVOCATES FOR ST HELENA. 2014-07-14. St Helena. 2018-03-21. en-US. https://web.archive.org/web/20180322082218/http://www.sainthelena.gov.sh/new-lay-advocates-for-st-helena/. 2018-03-22. live.
  37. Graham. August. May 22, 2015. The Future's Bright Public Solicitor Leave on Upbeat Note After Four Years on Island. The Sentinel. 4. 9 . 21. 2018-03-21. https://web.archive.org/web/20160407175457/http://www.sams.sh/sentinel/Sentinel_150522.pdf. 2016-04-07. live.
  38. Graham. August. October 8, 2015. Public Solicitors arelike Public Busses...You Wait Ages for One and Then Two Come Along at Once!. The Sentinel. 4. 29 . 7. 2018-03-21. https://web.archive.org/web/20160407183724/http://www.sams.sh/sentinel/Sentinel_151008.pdf. 2016-04-07. live.
  39. News: NEW CHIEF MAGISTRATE APPOINTED. 2017-04-19. St Helena. 2018-03-21. en-US. https://web.archive.org/web/20180322082131/http://www.sainthelena.gov.sh/new-chief-magistrate-appointed/. 2018-03-22. live.
  40. News: NEW ATTORNEY GENERAL (DESIGNATE) APPOINTED. 2017-12-04. St Helena. 2018-03-21. en-US. https://web.archive.org/web/20180321024903/http://www.sainthelena.gov.sh/new-attorney-general-designate-appointed/. 2018-03-21. live.
  41. Web site: NEW ADDITION TO THE ST HELENA PUBLIC SOLICITOR'S OFFICE. October 18, 2012. The Islander.
  42. Web site: Duncan Cooke appointed Public Solicitor – The Public Solicitor Office. 2021-04-25. en-GB.

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