Montserrat Constitution Order 2010 · section 105
About the Commission
The Montserrat Complaints Commission is one of four independent Commissions established by the Montserrat Constitution Order 2010. It is fully independent and is not subject to the control of any individual or group.
- Established by
- Constitution, s.105
- Governing law
- Complaints Commission Act
- Began work
- February 2013
- Members
- Chairman and two members
- Fees
- None
Our mission
Encouraging the fair resolution of complaints
Our mission is to encourage the resolution of human rights complaints, maladministration complaints and other complaints prescribed by law, and to assist in their resolution, by providing an independent, fair and accessible process for resolving them.
The Commission considers complaints about the Government of Montserrat and its public authorities. Its role is akin to that of an ombudsman elsewhere in the Commonwealth Caribbean.
The Commission is assisted in its work by the Constitution and Commissions Secretariat.
If you believe you have been affected by maladministration in the Government service, or by a human rights issue in Montserrat, particularly within the last year, you are encouraged to contact the Commission.
What the Constitution says
105. Complaints Commission
(1) There shall be a Complaints Commission for Montserrat, the composition, functions, operation and procedure of which shall, subject to this section, be prescribed by or under an Act of the Legislature.
(2) The functions of the Complaints Commission shall include, without prejudice to the jurisdiction of any court of law, encouraging the resolution of human rights complaints, maladministration complaints and other complaints prescribed by law, and assisting in their resolution, by providing an independent, fair and accessible process for resolving them.
(3) In the exercise of its functions the Complaints Commission shall not be subject to the direction or control of any other person or authority, subject to subsection (4).
(4) The Governor may, in writing, direct the Complaints Commission to inquire into, and report to him or her in relation to, a matter that can be complained about in accordance with subsection (2), and the Complaints Commission must comply with any such direction.
(5) In this section—
- “human rights complaint”
- means a complaint of breach or infringement of a right or freedom referred to in Part I of this Constitution; and
- “maladministration complaint”
- means a complaint of maladministration in the government of Montserrat.
Our core values
Four values guide everything the Commission does.
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Confidentiality
The Commission conducts its business in the most professional and confidential manner, without the possibility of compromise.
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Integrity
All its activities are carried out with high levels of professionalism, trust, honesty and concern for the rights and feelings of all.
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Independence
The Commission operates with autonomy, free from the control of Government, political or other parties.
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Impartiality
The Commission holds to neutrality and objectivity to arrive at the truth, and does not take sides in any investigation.
How the Commission is made up
The Commission has three members, appointed by the Governor acting on the advice of Cabinet.
- Members
- 3
- A Chairman and two other members.
- Legal expertise
- 15 years
- At least one member must be an attorney-at-law of at least 15 years’ standing at the bar.
- Term
- 2 to 4 years
- Members are appointed for between two and four years.
- Quorum
- 2
- Two members are needed for a quorum at any meeting.
Fees and confidentiality
No fees
There are no fees for the work of the Commission, whether for an investigation into a complaint or for mediation.
Confidentiality
Confidentiality is very important to the Commission, and the Complaints Commission Act requires secrecy from everyone connected in any way with its work.
There are circumstances in which the Commission is not required to maintain secrecy, such as where there is evidence that a crime has been committed. It may also need to disclose a reasonable amount of information to establish the grounds for its conclusions and recommendations.
Constitutional guidelines
Alongside the membership rules above, the Constitution and the Complaints Commission Act provide that:
-
No one is appointed unless the Governor is satisfied that they are a person of high public standing with a reputation for personal integrity.
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The Chairman and members receive remuneration determined by the Legislative Assembly in accordance with section 97 of the Constitution.
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Subject to section 105(4) of the Constitution, the Commission is not subject to the direction or control of any other person or authority in exercising its functions.
Reports of the Commission
The Commission may produce several reports in a year: a report on each case it investigates, an annual report and, where necessary, a special report.
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Case reports
When an investigation ends, a report sets out the findings of fact, the Commission’s opinion and its reasons, with recommendations where someone has suffered an injustice. It goes to the department or authority concerned, the Governor and each member of Cabinet.
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Special reports
If no adequate action is taken on its recommendations within a reasonable or specified time, the Commission reports to the Governor. The report is laid before the Legislative Assembly within three months.
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Annual reports
After 30 June each year, the Commission gives the Governor a full report on its work during the financial year. It is laid before the Legislative Assembly within three months.
The Commission over time
-
27 September 2011
The Constitution comes into force
The Montserrat Constitution Order 2010 establishes the Complaints Commission in section 105.
S.I. 2010 No. 2474
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2012
The Complaints Commission Act is enacted
The Act sets out the Commission’s composition, jurisdiction, powers and procedures.
Act 19 of 2011, amended by Act 19 of 2012
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February 2013
The Commission begins its work
The Act comes into force on 4 February 2013 and the Commission commences operations.
S.R.O. 11/2013
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2019
Procurement appeals
The Commission is given jurisdiction to hear appeals from decisions of the Procurement Board.
Public Finance (Management and Accountability) (Procurement) Regulations 2019, reg. 47
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April 2022
First Annual Report published
Covering February 2013 to June 2020: 29 complaints received under the Act, 15 of which were investigated.
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July 2022
Commission Manual published
A plain-language guide to the Commission’s purpose and how to make a complaint.
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September 2022
Outreach initiative
The Commission meets the Premier and Cabinet, Permanent Secretaries, the Public Service Commission, Internal Audit and the Civil Service Association.
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February 2026
The Commission reconvenes
A newly appointed Commission, chaired by Miss Chivone Gerald, begins its work.
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