Commission backs need to clarify CI constitution

| 04/07/2018 | 2 Comments

(CNS): As Cayman marked the 59th anniversary of its original constitution this week, the commission which has responsibility for the national document has published the advice it has given to the government ahead of planned talks with the UK to amend the 2009 Constitution. The Constitutional Commission is backing government’s desire to address specific issues that relate to the power the UK has over the territory and its abilities to make domestic legislation. All three commissioners agreed that the document could use some clarification in this area but they have also indicated a number of other sections that should be amended.

Following the passage of the Sanctions and Anti-Money Laundering law in the British parliament, which has paved the way for the UK to impose a beneficial ownership public registry on Cayman against the will of local legislators, the premier and lawmakers on both sides of the aisle have cried foul.

As a result, Premier Alden McLaughlin has asked for and received an agreement to hold new constitutional talks with the UK Government. The local government and opposition agrees that there is a need to make changes to the Constitution to clarify the roles of both Britain and the Cayman Islands in the territorial relationship and stop what the premier has termed “constitutional overreach”.

The commission said it had been asked to consider the government’s desire to address the UK’s reserve powers, its power over international affairs, its power over dis-allowance, the power of self-governance, the power of Cabinet and the route for Cayman to achieve associated status. But it was also invited to make suggestions regarding other potential revisions or amendments that can be discussed at the same time.

The commission recommended that all of the issues raised by the Cayman government would benefit from better clarity and pointed out that it is “not desirable” to have a constitution that is open to interpretation and application depending on who is reading it. The commission agreed that, given the potential imposition created by the new UK law, negotiations to clarify the relationship were justified.

The commissioners also backed having a clearer understanding of the opposition to Cayman having more autonomy, noting that the UK has not always been clear about where it stands on the United Nation’s interpretation of associated status.

The commissioners also noted some unrelated areas that they believe could benefit from changes, such as the qualification and disqualification relating to residency for both voters and candidates. They said the role of councillors in government and how the premier is appointed should be clarified.

Read the full advisory document by commissioners Vaughan Carter, Natalie Urqhart and Olivaire Watler in the CNS Library.

For more information about the Constitutional visit the commission’s website.

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Category: Laws, Politics

Comments (2)

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  1. Anonymous says:

    independence is what they want!! ? more control….can you imagine a politician in charge of our judiciary or policing??? lord help us!????????

  2. Dunz says:

    Independence

    2
    9

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