Laws of the Island (Part1) What You Need to Know
Duties & Powers of the Attorney General
By Stanford Conway
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| Mr Stanford Conway, Editor-in-chief, SKNVibes.com |
ACCORDING to the Attorney General’s Act Number Seven of 2000 of the Laws of St. Christopher and Nevis, whether the office of the Attorney General is either a public office or an office of a Minister, the holder of that office shall carry out the duties and exercise the powers conferred on him by the Constitution, this Act and by any other enactment.
Since the coming into effect of the Constitution, paragraph five of Schedule Two to the Constitution Order of 1983 provided that the Governor-General (AG), acting in accordance with the advice of the Prime Minister, the office of the Attorney General shall be a public office.
However, in 2000, it was enacted by the Queen with the advice and consent of the National Assembly of St. Kitts and Nevis that the office of the AG shall no longer be an office of the public but one of a Minister of the Government.
The Act states that the AG shall:
(a) be the principal legal adviser to the Government;
(b) ensure that the administration of public affairs is in accordance with the law;
(c) superintend all matters connected with the administration of justice, except that anything done under this paragraph shall not contravene any provision of Section 65 of the Constitution;
(d) perform the duties that are performed by, and have the powers that belong to, the Law Officers of England and Whales by law or usage, so far as those duties and powers are applicable to St. Christopher and Nevis;
(e) be responsible for advising on the legislative Acts and generally advise government on all matters of law referred to the Attorney General’s Chambers by the Government;
(f) advise the Government upon all matters of a legislative nature and superintend all Government measures of a legislative nature;
(g) advise the heads of the Government Ministries and Agencies of Government upon all matters of law connected with such Ministries and Agencies;
(h) conduct and regulate all litigation for and against the Crown or any Ministry or Agency of Government; and
(i) perform such other functions as may be assigned to him by the Governor-General, from time to time, acting in accordance with the advice of the Prime Minister.
The Act states that where a person who held the office of AG as a public officer before the coming into effect of the 2000 amended Act, or subsequently holds the same office as a public officer after the Act came into effect, he is appointed to the office of AG as a Minister and the provisions of Sub-section two shall apply to him. ~~Adz:Right~~
Further, in accordance with the provisions of the Legislator’s Pensions Act, Number 21 of 1971, the period served by that person in the office of the AG as a public officer shall qualify as a period to be taken into account when computing the aggregate period served by that person in order to grant him gratuity and pension as a legislator.
This Act was passed by the National Assembly on July 18, 2000.
Editor-in-Chief’s Note: “LAWS OF THE ISLANDS” is a relatively new addition to our Legal Section and is aimed at sensitising citizens and residents of St. Kitts and Nevis on the laws of the Federation on a need-to-know basis. All articles will be written on facts garnered from the Legal Department of the Federation and also from the Top Brass of the Royal St. Christopher and Nevis Police Force.
