Search Results for 'constitution'

Constitutional Commission

| 05/07/2022

Official website

Premier’s statement: UK agrees to most constitutional amendments sought

| 21/09/2020

I think everyone will recall that in December of last year the Legislative Assembly debated and unanimously agreed to support a package of constitutional reforms contained in what was then called the Cayman Islands Constitution Amendment Order 2019.  This package of reforms was negotiated in December of 2018 but unfortunately became bogged down in London as issues with Brexit held the attention of the UK Government.  Later the UK elections and more recently the management of COVID understandably were the main focus of the UK Government.

Nonetheless, I continued to follow up, either with the Governor or directly with the Minister responsible for the Overseas Territories whenever we had the opportunity to speak. 

I spoke with Baroness Sugg at the end of August and she indicated then that the package of reforms was being considered but that one change, in particular, would not likely go forward.  But she agreed to provide confirmation along with a new Draft Order in Council as soon as she could.

I am pleased to announce today that I have now received confirmation from the Minister that the package of reforms is moving forward as an amended Draft Order In Council – which is entitled “The Cayman Islands Constitutional (Amendment) Order 2020”.

In her letter to me Baroness Sugg noted that the Draft Order in Council will be sent shortly to the Foreign Affairs Committee for 28 days and then to the Privy Council. She also confirmed to me, however, that the UK would not be able to include the provision which would remove section 81 of the current Constitution, which grants to the Governor the power to legislate where he or she considers it necessary to do so in respect of any matters for which the Governor has special responsibility under Section 55. She further noted that the decision to not remove this section was because the Governor has had to use section 81 recently to uphold the rule of law following the failure of the Legislative Assembly to approve the Domestic Partnership Bill.

Those who attended the negotiations in London in 2018, including MLA Alva Suckoo, and then Leader of the Opposition, MLA Ezzard Miller, can attest that the negotiated package of reforms, including the removal of Section 81 was hard-won and brought significant benefits to the Cayman Islands. These wins came about because the UK Government recognised how far we have matured as a country and as a Legislature and in the end had agreed to many of the reforms being sought.  However, as indicated by Baroness Sugg, the new Draft Order in Council now does not include the removal of section 81.

I am a pragmatist and so I have come to accept that Section 81 will now remain in the Constitution, but I will always regret the opportunity that we as legislators and as a country have lost.  Hopefully, some future Government will be able to achieve what we came so close to doing.

But let us focus now instead on what is still a very important and useful set of reforms that will not only advance our Islands and Constitution but will provide our Islands with several protections.

      The often-mentioned Section 125 of the current Constitution reserves unto Her Majesty the power to legislate for peace, order and good government of the territory; a provision that is common through almost all of the Overseas Territories’ constitutions.

In light of some of the issues that we have grappled with over the last few years, involving what we viewed as overreach by the British Parliament in particular.  We sought to put some parameters around this provision and were successful in getting the UK Government to agree to insert a new Section 126, which doesn’t exist in the current Constitution, which would read as follows:

“Notification of proposed Acts of Parliament extending to the Cayman Islands or Orders in Council extending such Acts of Parliament to the Cayman Islands

126. (1) Where it is proposed that—

(a)  any provision of a draft Act of the Parliament of the United Kingdom should apply directly to the Cayman Islands, or

(b)  an Order in Council should be made extending to the Cayman Islands any provision of an Act of Parliament of the United Kingdom,

the proposal shall normally be brought by a Secretary of State to the attention of the Premier so that the Cayman Islands Cabinet may signify its view on it.

(2) This section does not affect the power of the Parliament of the United Kingdom to make laws for the Cayman Islands or the power of Her Majesty to make an Order in Council extending to the Cayman Islands any provision of an Act of Parliament of the United Kingdom.”

This new provision is listed at the end of the package of reforms but I am mentioning it first given its importance to us as a Country.  What this does for the first time is to put into the Cayman Islands Constitution a provision that appears in no other constitution of any Overseas Territory; a mandatory provision that before the UK Government or the Parliament may legislate for us that at a minimum they must consult with the Premier and the Cabinet has to signify its view on the proposal.

This buys not only time but the opportunity for broader consultation across Whitehall and Westminster in the UK so that we don’t wind up with situations where the UK Parliament, simply on a whim, can amend legislation that is progressing through the House of Commons and that has the effect of intervening in areas of domestic policy by legislating for us.

Similarly, and in the same vein, is the agreement to the following provision being added to our Constitution in Section 44:

“(5) For the avoidance of doubt it is declared, subject to this Constitution, that the Cabinet possesses autonomous and exclusive capacity in domestic affairs for any matter that is not one of the following—

(a)  a special responsibility of the Governor under section 55(1);

(b)  a function which the Governor must exercise under this Constitution or any other law in his or her discretion or judgement or in accordance with instructions from Her Majesty through a Secretary of State; or

(c)  a function which the Governor is empowered or directed, either expressly or by necessary implication, to exercise without consulting with the Cabinet or to exercise on the recommendation or advice of, or after consultation with, any person or authority other than the Cabinet”.

This new section makes plain that the responsibility for the domestic policy of these Islands is a matter squarely for the elected Government and not for the UK.  This is similar to a provision that applies in the States of Jersey, in the Channel Islands, and will provide us, as it does them, with some increased insulation from intervention by the UK Parliament and indeed the UK Government, in areas which are devolved responsibilities of the local government.

The UK has also agreed to remove Section 80 which is the Secretary of States Power to disallow legislation passed by the Legislative Assembly.   This is another significant concession, even with Section 81 remaining in place.

These changes are by themselves significant and will help advance our Islands politically and constitutionally – giving us greater responsibility to control our own destiny.  What also caps this off for me is the UK’s agreement for the Legislative Assembly name to be changed to the Parliament of the Cayman Islands and for the elected members to be called Members of Parliament.

This change reflects the true standing that we will have in constitutional terms.  In addition, as I have said previously this change is hugely important when elected members are dealing with international matters, or indeed when dealing with the UK Government or any other government.  Government Officials understand intuitively that a legislative assembly is an inferior body in constitutional terms to that of a parliament.

I believe that it is less likely that the UK Parliament will seek to deal with another parliament in the way that, on occasion, they have dealt with this Legislative Assembly in the past.

But besides that, this change is an important step for us, particularly as we are now also moving forward with plans to make the administration of the Legislative Assembly independent of the Executive.

Another important change is an additional section that will allow the introduction of Parliamentary Secretaries who will be an elected representative appointed by the Governor acting on the advice of the Premier.  Parliamentary Secretaries will assume the roles which Councillors now have.  

Other important changes include:

·         the UK agreeing to amend Section 71 of the Constitution to confer the power and authority to create standing orders to the Legislative Assembly and to remove that responsibility from the Governor.  

·         and section 44(1) will be amended to allow the next Government, following the general election, to increase the number of ministers from 6 to 7 plus the Premier, which makes for a cabinet of 8 elected members in addition to the Attorney General, the Deputy Governor and the Governor as chair.

·         And for a new provision in the Constitution to create a police service commission,

There are a few other changes, mainly administrative, but in the main, the ones that I have mentioned are the significant ones. 

This package of reforms constitutes important changes to the overall advancement of these Islands and indeed some are critical to the well-being of these Islands. 

In addition to the unanimous support that these changes had in the Legislative Assembly, they also received the written support from the financial services industry, from the Chamber of Commerce as well as from the Cayman Ministers Association.

We can all be proud of the significance of these constitutional reforms that will help to move this country to a whole new level, where we have greater autonomy, greater responsibility and a greater sense of insulation from international assaults on our right to control our own destiny.

I wish again to thank all those who have been involved in allowing us to get to where we are today.  In particular I pay tribute to the Honourable Attorney General for his counsel and hard work and to His Excellency The Governor for his, not only support but intervention on more than one occasion in moving this forward and indeed to Baroness Sugg and her predecessor in office, Lord Ahmad as well as to the UK Government in general. 

Issued by the Premier’s Office on 18 September 2020. See here.

Cayman Islands Constitution

| 20/10/2013 | 0 Comments

From the official website of UK Legislation, which is the most accessible format for easy reference.

The Cayman Islands Constitutional Order 2009  is the highest law of the land. It establishes the system of governance, creates procedures and structure for the government and sets out the government’s powers. The Constitution came into effect on 6 November 2009 and the Bill of Rights came into effect two years later on 6 November 2012, with the exception of the sections dealing with the treatment of prisoners which came into effect on 6 November 2013.

A referendum on the draft document took place on 20 May 2009, at the same time as the General Elections. Although the ruling party, the People’s Progressive Movement, lost the election, the document that it had spearheaded prevailed and 62.66% of the electorate that participated in the referendum approved the Draft Constitution. The UK Privy Council approve the Order in London in June 2009.

The day the Cayman Islands Constitution Order came into effect, McKeeva Bush, as the leader of the ruling United Democratic Party, was sworn in as the Cayman Islands’ first premier on the steps of the Legislative Assembly. Juliana O’Connor-Connolly, who later became the islands’ second premier, was sworn in as deputy premier and Donovan Ebanks became the Cayman Islands first deputy governor.

More Information:

Shadow Cabinet

| 14/05/2021

The opposition members of the Cayman Islands Parliament formed an Official Opposition Shadow Cabinet for the first time following the May 2021 General Elections. While this is not a constitutional role of the opposition MPs, it does follow accepted parliamentary practice in the Westminster system, where the party not in power scrutinizes government policies and develops alternatives. This not only holds the government to account for its actions more effectively but also enables the opposition to prepare as the ‘government in waiting’ if they are returned to power in future elections.

The current (and first) shadow Progressives cabinet has chosen not to follow the portfolio groupings of the PACT Government. The shadow ministers, announced on 13 May 2021, are as follows:

  • Roy McTaggart, Leader of the Opposition
    Shadow Minister for Finance, Economic Development and Infrastructure
  • Joey Hew, Deputy Leader of the Opposition
    Shadow Minister for Commerce, the Environment, Transport, Planning and Lands
  • Alden McLaughlin
    Shadow Minister for Financial Services, International Trade and Development, and Agriculture
  • Moses Kirkconnell
    Shadow Minister for Tourism, District Administration, eGovernment and Innovation
  • Dwayne Seymour
    Shadow Minister for Health, Housing, Culture and Heritage, and Home Affairs
  • Barbara Conolly
    Education and Social Development
  • David Wight
    Shadow Minister for Youth, Sports and Labour

Archives: Official Opposition

 

Letter template to ask MLAs for public consultation on bills

| 28/09/2020

Dear MLA/Premier,

I am requesting PROPER, FORMAL public consultation on:

  • the Defense Bill,
  • the Prescription Law amendments,
  • the Judicature Law amendments,
  • the *controversial amendment of s.81 of the Constitutional Order which should only be changed by my vote through a referendum*.

Appearances on local radio shows will not suffice as they have the great potential to exclude my participation.

I look forward to your notice of the public meeting dates set out in print, radio ads and on the government social media sites as well.

Signed,

Registered Voter.

Governor Martyn Roper’s statement following the defeat in the LA of the Domestic Partnership Bill on 29 July 2020

| 29/07/2020

“I recognise the great sensitivity and strong emotions aroused across our community by the debate on the Domestic Partnerships Bill. There were many high quality and passionate speeches by members of the Legislative Assembly on both sides of this difficult debate. I am nonetheless greatly concerned that the Legislative Assembly has not passed the Bill.

“It is a sad day for the rule of law in the Cayman Islands, a cornerstone of our democracy. The Grand Court, Court of Appeal and the Cayman Islands Government itself, have all recognised that there is a clear legal obligation on the Legislative Assembly to provide a framework to end discrimination against same sex couples. The Legislative Assembly has an overriding responsibility to uphold the rule of law to ensure it is compliant with the Cayman Islands Constitution, Court of Appeal Judgement and the European Convention on Human Rights.

“I appreciate the considerable efforts of the Honourable Premier and Attorney-General to find the best compromise and balance for the country between our clear legal commitments and the strong views of many in the community on this issue. I believe the draft Bill achieved that objective by protecting the institution of marriage, which I know is of such great importance to many. UK Ministers will consider carefully the implications of the Bill’s defeat.”

Governor’s Statement: Publication of the Domestic Partnership Bill

| 26/06/2020

His Excellency The Governor Mr Martyn Roper said: “The publishing of the Domestic Partnership Bill today is a welcome step on the path to ensuring that the rights of everyone in the territory are upheld and that Cayman law is compliant with the recent ruling of the Cayman Islands Court of Appeal.

“During the COVID crisis I have been struck by how the community has pulled together to look after each other.  There have been so many acts of kindness and tolerance shown to everyone across our communities – Caymanians and residents, but also foreign visitors and workers. The Premier set the tone early on with his clear statement that the government would look after everyone on the islands.  Whether it be providing food, shelter or medical assistance, including to ships in distress or helping foreign workers stranded in Cayman or other neighbouring states to return home, we can be proud of how our community has acted in Grand Cayman, Cayman Brac and Little Cayman. I have received many expressions of thanks from foreign governments for our actions.  

“Our constitution recognises our Christian values, the importance of the rule of law and our respect for human dignity, equality and freedom.  These values apply to us all and I hope that we all continue to show a spirit of tolerance and compassion to all members of our society.  In the Covid crisis, we have learnt more about what really matters. The wonderful value of human interactions that we lost during the lockdown. At a time when the Black Lives Matters campaign is rightly forcing all of us to look carefully at our own behaviours, I urge everyone to treat each other with renewed courtesy, dignity and respect at all times.” 

Cruise Port Referendum

| 06/03/2020

CPR battle against Marine Park changes in the GT Harbour:

CIG Appeal against Judicial Review ruling:

Judicial review:

Reactions:

Hearing documents:

Law:

Documents, speeches, etc:

Cayman Islands People’s Party

| 06/11/2019

CIPP website

Constitution of the CIPP

Email: peoplesparty345@gmail.com

Public Bodies by Portfolio

Public Bodies by Portfolio

| 08/03/2019
Name Telephone

Office of the Governor

 (345) 244-2425
Governor Martyn Roper
Judicial & Legal Services Commission (345) 244-3685
Human Rights Commission (345) 244-3685
Commission for Standards in Public Life (345) 244-3685
Constitutional Commission (345) 244-3685
Anti-Corruption Commission (345) 244-3685
Civil Service Appeals Commission (345) 244-3685
Advisory Committee on the Prerogative of Mercy
Electoral Boundary Commission
National Security Council
Parole Commissioners Board (345) 244-2441
Prisons Inspection Board

Cabinet Office
Cabinet Secretary / Chief Officer Samuel Rose
Immigration Appeals Tribunal (345) 244-2258
Utility Regulation and Competition Office
Cayman Islands Council for Persons with Disabilities

Portfolio of the Civil Service (PoCS)
Deputy Governor and Head of the Civil Service Franz Manderson
Chief Officer Gloria McField-Nixon
 (345) 244-2344
Records Advisory Committee
Public Service Pension Board (345) 945-8175
National Hazard Management Executive
National Hazard Management Council
Deputy Governor’s Office
Civil Aviation Authority (345) 949-7811
Air Transport Licensing Authority
Conditional Release Board
Expungement Board

Portfolio of Legal Affairs (PLA)
Attorney General Samuel Bulgin QC
Solicitor General / Chief Officer Jacqueline Wilson (345) 949-7900
Grand Court Rules Committee
Legal Advisory Council
Law Revision Commission
Anti-Money Laundering Steering Group
Insolvency Rules Committee

Ministry of Human Resources and Immigration (HRI)

Ministry of Ministry of Community Affairs (CA)
Premier Alden McLaughlin
Chief Officer Wesley Howell
(Human Resources and Immigration)		 (345) 949-7900
Business Staffing Plan Board (345) 244-2071
Cayman Brac and Little Cayman Immigration Board (345) 948-2222
Caymanian Status & Permanent Residency Board (345) 244-2065
Work Permit Board (345) 244-2070
Labour Tribunals (345) 949-0941
Labour Appeals Tribunals (345) 949-0941
National Pensions Board
Chief Officer Dorine Whittaker
(Community Affairs)		 (345) 949-7900
Adoption Board (345) 949-0290
Children and Youth Services (CAYS) Foundation (345) 946-2446
Gender Equality Tribunal

Ministry of District Administration, Tourism and Transport (DATT)
Deputy Premier Moses Kirkconnell
Chief Officer Stran Bodden (345) 949-7900
Port Authority (345) 949-2228
Airports Authority (345) 943-7070
Cayman Turtle Centre (345) 949-3894
Cayman Airways (345) 949-8200
Hotel Licensing Board (345) 949-0623
Miss Cayman Committee (345) 949-7900
Public Transport Board (345) 945-8344
Tourism Advisory Council (345) 949-7900
Tourism Attractions Board (345) 949-6999
Tourism Apprenticeship Training Programme Council
National Festival Committee & District Committees
Sister Islands Affordable Housing Development Corporation
Sister Islands Planning Tribunal (345) 948-2652
Development Control Board (345) 948-2652
Film Commission Advisory Board (345) 945-0943
Beautification Committees (345) 949-3885

Ministry of Finance and Economic Development (FED)
Minister Roy McTaggart
Chief Officer Kenneth Jefferson (345) 949-7900
Public Sector Investment Committee
Central Tenders Committee
Cayman Islands National Insurance Company (CINICO) (3450 949-8101
Cayman Islands Development Bank (345) 949-7511
Stamp Advisory Committee (345) 949-8101

Ministry of Financial Services and Home Affairs (FSHA)
Minister Tara Rivers
Chief Officer Dax Basdeo (345) 949-7900
Financial Services Legislative Committee
Cayman Islands Monetary Authority (345) 949-7089
Cayman Islands Stock Exchange (345) 945-6060
Auditors Oversight Authority
Maritime Authority of the Cayman Islands (345) 949-8831

Ministry of Commerce, Planning and Infrastructure (CPI)
Minister Joseph Hew
Chief Officer Alan Jones (345) 949-7900
National Roads Authority (345) 946-7780
e-Government Steering Committee
Electrical Trade Licensing Board of Examiners (345) 244-3482
Central Planning Authority (345) 244-3482
Planning Appeals Tribunal (345) 244-2412
Development Plan Tribunal
Liquor Licensing Board (Grand Cayman)
Liquor Licensing Board of Cayman Brac & Little Cayman
Film Exhibition (Control) Board 244-2318
Trade and Business Licensing Board (345) 244-2067
Builders’ Board
Special Economic Zone Authority (345) 945-0943

Ministry of Education, Youth, Sports, Agriculture and Lands (EYSAL)
Minister Julianna O’Connor-Connolly
Chief Officer Christen Suckoo (345) 949-7900
Caribbean Examinations Council National Committee (345) 244-2417
University College of the Cayman Islands (345) 949-9580
Education Council and Education Board for
Cayman Brac and Little Cayman		 (345) 945-3114
Public Library Management Committee (345) 949-5159
National Sports Council
National Youth Commission (345) 946-6151
Animal Welfare Advisory Committee
Veterinary Board (345) 947-3090
Land Surveyors Board (345) 244-3430
Water Authority (345) 949-6352
Street Naming & Property Numbering Committee (345) 244-3430
Road Assessment Committee

Ministry of Health, Environment, Culture and Housing (HECH)
Minister Dwayne Seymour
Chief Officer Jennifer Ahearn, JP (345) 949-7900
Health Services Authority (345) 949-8600
Health Practice Commission (345) 244-2814
Medical & Dental Council
Council for Professions Allied with Medicine
Nursing & Midwifery Council
Pharmacy Council
Cayman Islands National Museum (345) 949-8368
Cayman National Cultural Foundation (345) 949-5477
National Gallery (345) 945-8111
National Conservation Council conservationcouncil@gov.ky
National Drug Council (345) 949-9000
National Housing Development Trust (NHDT) (345) 945-7649
Health Insurance Commission

Source: CIG website here

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