Conducting Constitutional Reform in a United Kingdom Overseas Territory

St Helena Island, a UK Overseas Territory, undertook a historic reform of its political governance system following an in-depth review led by Dr Jeremy Julian Sarkin. In 2019 and 2020, Sarkin visited the Island several times to facilitate public debate and collect ideas on whether the existing committee-based system of governance should be reformed.

Through extensive consultation, he met with a wide range of stakeholders, including the Governor, the Executive and Legislative Committees, individual councillors, civil servants, and members of the public. Numerous public meetings were held across the Island to ensure that the population could directly participate in discussions about the future of their governance system.

Two reports were produced as a result of this work, both of which were accepted. The reports comprehensively reviewed St Helena’s political governance process, assessing the drivers, enablers, and challenges of the system then in place, and analysing the roles of its various actors. The committee system was identified as the main weakness, and the rationale for change was clearly outlined, drawing on best practices from other UK Overseas Territories.

The first report explored how public support for a new governance model could be built and how more candidates could be encouraged to run for political office. It presented a range of options and recommendations for improving the political system, most notably the proposal to transition from a local committee system to a ministerial system of governance led by a Chief Minister.

The second report provided an in-depth review of how St Helena’s governance system functioned at the time and proposed a roadmap for implementing reform. It found strong support across the Island for change, though accompanied by understandable concerns about the nature and feasibility of that change. The report identified a clear choice: either attempt to improve the existing committee system or move towards a ministerial system—potentially through a hybrid model. It ultimately recommended adopting a full ministerial system, outlining how such a system could be operationalized and what its structure might look like.

Specifically, it proposed a new constitutional framework with a Chief Minister, four other Ministers, and five civil service directorates. It also included recommendations for enhancing openness, transparency, and accountability, and for increasing the direct participation of Islanders in governance by devolving additional powers to St Helena. The report further examined the roles of key institutions, including the Public Accounts Committee, and recommended the establishment of a new Public Service Commission, along with reforms to auditing and oversight mechanisms.

The roadmap for constitutional change was also detailed, comprising two parts—one to be pursued on the Island and another in the United Kingdom. The report emphasized the importance of demonstrating popular support for reform to secure approval in the UK.

This process culminated in a referendum, in which the people of St Helena voted in favour of moving to a ministerial system. The Constitution was subsequently amended, approved by the UK Government, and endorsed by the UK Privy Council. The final step in the process was the laying of the Order in Council before the UK Parliament in London.

Reflecting on this transformation, then St Helena Governor Dr Phillip Rushbrook stated in an official press release:

“Dr Sarkin identified the public wanted clearer individual responsibility for making political decisions, greater political accountability for delivering services and reforms, and a governance system that progressed its business more swiftly. The change to a Ministerial system provides the opportunity for the next elected government to achieve all three.”

Following these constitutional changes, elections were held on St Helena, and Ministers and Councillors were elected under the new framework. The Chief Minister now plays a central role in the governance of the Island. The new system has brought governance closer to the people, strengthened democracy, and enabled faster and more decisive decision-making in St Helena.