Code of conduct sets standards for procurement

| 04/11/2019 | 28 Comments
Cayman News Service

(CNS): The government has published a code of conduct covering the expected behaviour of both public officials and suppliers of government goods and services. Setting standards that both sides must adhere to when it comes to procurement by government, it indicates that civil servants who break the code can be fired and suppliers will be barred from doing business with the government. The code is designed to prevent corruption, collusion, bid-rigging or any other anti-competitive activity in the procurement process and also prevents the engagement, directly or indirectly, of political lobbying to influence the process.

The government spends well over $100 million each year of public cash on regular goods and services and even more on capital projects. Over the years, the Office of the Auditor General has raised significant concerns about conflicts, a lack of management, poor record keeping and political influence when it comes to how government buys what it needs.

The code has been published to guide government officials and its suppliers on what they should be doing to remain within the law and ensure that the public gets the best value and quality of goods and services without undue influence or someone taking a cut.

While the Procurement Law, 2016 has been in force for sometime, the partner legislation, the Standards in Public Life Law, which would force politicians, senior public servants and board directors of government entities to reveal their interest and potential conflicts, remains stalled four and a half years after the original legislation was passed in the Legislative Assembly.

The law was then change more than two years ago to accommodate some of the complaints by people serving on statutory boards, and another review has been underway now for more than a year. In June the governor told CNS that he was very keen to see the law implement and that it was undergoing a final review. He said letters had been sent to board members to find out there were still issues that needed to be addressed before it was implemented.

However, almost six months later the legislation continues to be inactive.

See the full code in the CNS Library

Share your vote!

How do you feel after reading this?
  • Fascinated
  • Happy
  • Sad
  • Angry
  • Bored
  • Afraid
Print Friendly, PDF & Email


Category: Government oversight, Politics, Private Sector Oversight

Comments (28)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Enact SIPL

  2. Anonymous says:

    BTW: only 19 days left until USD$312,000,000, plus interest, comes due on the London Bond Market, an appointment we’ve known about for 10 years. No takers or awarded banks on the last-minute RFP for the USD$185,000,000 we are short. What now? Meanwhile, this profligate regime continues to throw fistfuls of scarce public cash at anti-truth PR campaigns to fight earned skepticism from their own people.

    • Anonymous says:

      Maybe CIG is planning on selling our government bonds to Uncle Dart.

      You know, the same Dart that purchased government bonds from Argentina and Greece.

      Dart bankrupted those two countries when they didn’t pay Dart back on time.

      • Fait accompli says:

        Dart already has it in the bag.

        Independence follows afterwards.

        CIG then defaults after global recession.

        Dart officially takes over and becomes King.

        It’s already done.

  3. Anonymous says:

    There were also WMD in Iraq….cost their country billions for reasons beyond…vote smart Cayman….

  4. Hon Minister Mr Conflict of Interest, Elected Member for Cayman Brac West and Little Cayman says:

    Very pertinent definition included in this code of conduct paying particular attention to the latter two

    “A conflict of interest may be:
    – real : exists at the present time;
    – apparent : could be perceived by a reasonable observer to exist, whether or not it is the
    case; or
    – potential : could reasonably be foreseen to exist in the future.”

    Begs the question as to why they allowed Moses Kirkconnell to be a part of the procurement process for the Cruise Berthing facilities seeing as one could reasonably perceive he meets two of the three types
    Even if you want to argue that he doesn’t stand to gain directly there is evidence for both an apparent conflict and a potential conflict

    But hey, whats a little 200 million dollar government project to help out a family business right?
    Other countries are called corrupt plutocracies and banana republics for less

    and for those of you who like dismissing people concerned with conflicts of interests
    Its not like people are making any of this up, We already know the Kirkonnells are involved in the “Cayman’s Port, Cayman’s Future” group
    As shown in this article by the Compass:

    and we know that they arranged and organized most of the support for the project in the public comments for the EIA as shown here, almost all persons who self identified as being involved with Kirk Freeport, commented on the same day:

    • Anonymous says:

      That’s nothing. He’s the Chairman of the Hotel Licensing Board and have two Tourism properties.

    • Build the dock says:

      Moses has no connection with Kirk Freeport; you might as well say everyone named Ebanks has an interest in Benson’s store or evryone named Watler is a bee-keeper and all of the many ‘Bodden’ businesses belong to the same family.

      • Anonymous says:

        Nice story, except the people who have formal positions in Kirk Freeport are his direct family, not to mention he openly admits he has business interests in the GT area

        What else are you going to try to talk away?
        You think the PPM just pulls half a million dollars out of thin air come election time, like pulling a rabbit out of a hat?
        They get that money from people connected to businesses who know the PPM will look out for their interests

  5. Kurt Christian says:

    Vote No

  6. Anonymous says:

    Whatever happened to the Standards in Public Life Law?

    • Anonymous says:

      There do not seem to be any, and it seems the Governor is prepared to tolerate that. Are the public?

    • It’s shameful that this proposed Law has never been passed. (Or if it was passed in secret, it has never been enforced…) Who stands to benefit from the non-passage? Hmmm.

  7. Anonymous says:

    The Government has an excellent Procurement Office…why do they make a sweet talking company like Easy Buy take their money…millions….

  8. Anonymous says:

    Unlike SIPL, and very much like the haphazard one-time “registers of interests” by those in LA, this honour “Code” has no criminal consequences for non-compliance, non-disclosures, and undeclared conflicts, and does not extend to our semi-autonomous boards. SIPL, and a Committee created a decade ago to administer compliance, were codified into the Constitution to satisfy the FCO that there would be some semblance of good governance – it was all a ruse! We need to close the honour bar!!!

  9. Anon says:

    I have always wondered if there is any benefit to those in the Civil Service who place large orders for Government. For example hundreds of brand new motor vehicles are ordered every year from local importers, is there any incentive involved in the selection process?.

  10. Anonymous says:

    Is it not convenient that this code of Conduct has only been published after the decision on the preferred bidder on the Port has been made and announced.

  11. Anonymous says:

    The Standards in Public Life Law is not only a Constitutional requirement under section 117 (which created the 10 year old stand alone Committee to specifically supervise SIPL disclosures), but it is also imperative to restore global perception of good governance in the Cayman Islands, something that 75% of our GDP relies on. This needs to be a top reputational priority, not a “maybe one day” back-bench talking point.

  12. Anonymous says:

    Effective some time after port deal

  13. Anonymous says:

    What a laugh!!!

  14. Anonymous says:

    More rules they will pretend to follow.

  15. Anonymous says:

    Excellent. Put her in file 13 with thre rest of the codes of conduct.

  16. Anonymous says:

    Could Governor Roper please update us?


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.