Search Results for 'constitution'
Premier’s statement: UK agrees to most constitutional amendments sought
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
- The Cayman Islands Constitution Order 2009
- The Cayman Islands Constitution (Amendment) Order 2020
- Amendments include changing the name of the Legislative Assembly to the Parliament, and strengthens the autonomy of the Cayman Islands legislative body.
- The Cayman Islands Constitution (Amendment) Order 2016
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:
- Explanatory memorandum prepared by the Foreign and Commonwealth Office for the British Parliament
- Constitutional Commission website
- European Convention on Human Rights
Challenge to the use of section 81, Governor’s reserved power, to impose the Civil Partnership Law:
Constitutional Reform:
- Premier’s statement: UK agrees to most constitutional amendments sought, 18 Sept 2020
- Draft Cayman Islands Constitution (Amendment) Order 2019
- Letter to Premier McLaughlin on Cayman Constitutional Reform from Lord Ahmad, Nov 2019
- Statement from Premier McLaughlin on Constitutional Reforms, 13 Nov 2019
- Constitutional Commission Response to CIG re Potential Constitutional Revisions, 27 June 2018
Shadow Cabinet
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
- PMM – Lack of Confidence In The Government, 21 Sep 2022
- Statement by Opposition Leader on no-confidence motion in the government, 21 Sep 2022
Letter template to ask MLAs for public consultation on bills
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
“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
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
CPR battle against Marine Park changes in the GT Harbour:
- Letter Before Action from Shirley Roulstone’s attorney to Attorney General’s Chambers, 13 April 2021
CIG Appeal against Judicial Review ruling:
- Appeal court ruling – The Cabinet et al v Shirley Roulstone, 2020
- Press release from premier’s office following appeal court ruling in favour of government. 2 July 2020
- Constitutional Commission Update, 2 July 2020
- Statement by premier in the LA on appeal court ruling on Port Referendum Law, 2 July 2020
- CPR Statement on Referendum Judicial Review Appeal Ruling, 2 July 2020
Judicial review:
- Judgment Roulstone v CIG, 19 February 2020
- Ruling on Consequential Relief, Roulstone v The Cabinet of the Cayman Islands et al
- Notice of Appeal Form and Grounds re cruise port referendum law, 4 March 2020
Reactions:
- National Trust statement on Cruise Port Referendum Judicial Review ruling, 19 Feb 2020
- CPR Statement on Referendum Judicial Review Ruling, 19 Feb 2020
- Premier’s statement on Referendum Law ruling, 19 Feb 2020
- Opposition calls on Government to reconsider the cruise berthing project, 19 Feb 2020
Hearing documents:
- 2nd Affidavit of Stran Bodden, 31 Dec 2019
- First Affidavit of Nadia Hardie
- National Trust letter to CIG re port Judicial Review, 12 Nov 2019
- CPR letter to CIG re port Judicial Review, 12 Nov 2019
Law:
- Referendum (People-initiated Referendum Regarding the Port) (Amendment) Regulations, 2019 (Revised question)
- Referendum (People-initiated Referendum Regarding the Port) Law, 2019
- Referendum (People-initiated Referendum Regarding the Port) (Referendum Question) Regulations, 201
Documents, speeches, etc:
- Premier’s remarks, CBF Referendum debate in the LA, 28 October 2019
- Breakdown of petition signatures by district
- Cruise port referendum legal opinion by Helen Mountfield QC
- Referendum (People-initiated Referendum Regarding the Port) Bill, 2019
- Referendum Process Timeline
- Referendum Bill Gazetted, statement by premier’s office, 4 Oct 2019
- CPR Cayman letter by email to Cabinet, 18 September 2019
- Press release from Premier’s Office, Referendum Petition Signatures, 12 Sept 2019
- CPR Cayman Letter to Premier McLaughlin 11 September 2019
- Press release – Opposition Members questions the verification process, 19 June 2019
- Press release – Leader of the opposition urges premier to halt port project, 7 June 2019
- CPR Cayman Letter to Premier McLaughlin re petition requirement met, May 24 2019
- CPR Cayman letter to Premier McLaughlin, 1 May 2019
- Motion to let the people decide on the cruise berthing project, moved by Ezzard Miller, August 2018
- CPR Petition Voters Eligible – with watermark
- CPR Petition Not Eligible to Vote – with watermark
![Public Bodies by Portfolio Public Bodies by Portfolio](http://www.gov.ky/portal/page/portal/shared/sobnpstockmlas/martyn-roper-90x120.jpg)
Public Bodies by Portfolio
Name | Telephone |
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Office of the Governor |
(345) 244-2425 |
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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 |
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Immigration Appeals Tribunal | (345) 244-2258 |
Utility Regulation and Competition Office | |
Cayman Islands Council for Persons with Disabilities | |
Portfolio of the Civil Service (PoCS) |
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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) |
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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) |
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Ministry of Ministry of Community Affairs (CA) |
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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) |
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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) |
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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) |
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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) |
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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) |
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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) |
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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