Does executive authority for the affairs of Anguilla lie with Executive Council, which comprises the four Ministers of Government, the Governor, the Deputy Governor and the Attorney General?

Section 28(1) of the Constitution provides as follows:-

“Subject to the provisions of this section and the next following section, the Governor shall consult with the Executive Council in the formulation of policy and in the exercise of all powers conferred upon him by this constitution or by any other law for the time being in force in Anguilla and act in accordance with the advice of the Council.”

This Provision by itself suggests that the Governor must follow the dictates of the Executive Council acting collectively. This position is eroded however when reference is made to section 28(2).

Section 28(2) stipulates that the Governor shall not be obliged to consult with nor act upon the advice of the Executive Council with respect to certain matters listed in that subsection.

But what about matters not listed in section 28(2) is the Governor bound at all times to follow the advice of Executive Council in relation to these matters? This question is answered by an examination of section 29 of the Constitution.

Section 29 provides as follows:-

“(1) In any case where the Governor is required in the last foregoing section to consult with the Executive Council, he may act otherwise than in accordance with the advice given him by the Council if in his opinion it would be inexpedient in the interests of public order or public faith to act in accordance with that advice:

Provided that he shall not so act against the advice of the Council without first obtaining the approval of a Secretary of State.

(2) Whenever the Governor acts otherwise than in accordance with the advice given him by the Executive Council, any member of the Council may require that there be recorded in the minutes the grounds of any advice or opinion which he may have given on the question, and the Governor shall as soon as is practicable forward a copy of the resulting entry in the minutes to a secretary of State.”

Does true executive authority reside in the hands of the elected ministers to administer the day to day affairs of Anguilla?

Should we find comfort in the fact that section 29 has probably never been utilized by the Governor?

If true executive authority is to exist in the Executive Council should an individual or body be able to veto a decision of Executive Council?

In considering these issues reference should be made to section 22 of the Constitution which clearly states that executive authority of Anguilla shall be vested in Her Majesty. Such authority the constitution provides may be exercised on behalf of Her Majesty by the Governor.

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