Ethics law depends on board members’ honesty
(CNS): The regulations accompanying the Standards in Public Life law, which finally came into effect on Sunday, have confirmed that people serving as directors on government boards and commissions have no need to reveal anything about their private finances unless they believe it may conflict with their role. Board members simply have to sign a form declaring that they have no conflicts of interest, and it is then a matter for the public or the commission to challenge that declaration.
However, politicians and senior civil servants are required to declare all of their earnings, assets, directorships and any other interests they have outside of their government jobs, as well as any significant debts or loans. But neither civil servants nor members of the Legislative Assembly will be required to reveal the value of those assets. It is not clear why neither the new law nor the regulations addressed this issue, which was seen as a weakness in the previous register of interests law.
There are obvious reasons why seeing the value of a major property asset might assist the Commission for Standards in Public Life (SCPL) in understanding the potential corruption of a public official or, in the case of someone carrying a substantial debt, their vulnerability to corruption.
The regulations to accompany the legislation were published Monday, and despite claims by the commission that they have not been weakened, it is clear that the regulations provide for an honour system for board directors with regard to their potential conflicts of interest.
According to government, the reason this legislation stalled for some five years was the concern of board members about the potential intrusion into their private finances. The premier has noted the difficulty government already has finding these volunteer board members and he was reluctant to allow this law to discourage directors from serving.
But while many members are complete volunteers and serve on challenging boards that offer no potential for conflict or personal enrichment, that is by no means the case across all boards. Some board members receive a significant stipend for serving and are paid for each meeting as well as travel costs.
Some of these boards also present possible business opportunities for board members, which also brings into question the fine line between a legitimated business deal and the potential for corruption.
And although there is no requirement for board members to tell the public about their true worth and their full assets, officials from the commission have said they hope members of the public will be additional watchdogs for the commission so that, as the new registers emerge, if board members have not been honest it will come to light.
The commission has made it very clear that it will be depending on genuine reports from the public. An official told CNS that, given the limited resources of the commission, it cannot be distracted by speculative gossip and there is provision in the law to sanction those making vexatious and spurious allegations.
The aim is to ensure that only people with genuine information report their concerns, and then they can be assured that the commission will be in a position to investigate. Genuine whistle-blowers are protected under the legislation
With the regulations now in place, the commission is beginning the task of collecting all of the new information from those who must fill in declaration forms. As well as board and commission members, all senior civil servants as well as elected officials will be required to submit their information over the coming weeks.
The commission confirmed Monday that they are now working to establish a fair deadline, and once the information is received it will compile and hold the registers.
Once it is compiled, the public will have direct access to the documents at the commission during office hours and will no longer need to make an appointment to view the registers, as was the case when the politicians’ declarations were held at the Legislative Assembly under the old law.
While it is likely to be some time before the registers are complete, the commission does now have the power to begin investigations into breaches of the law by public officials.
In its statement on the release of the regulations, the commission said it had played a part in shaping the rules to accompany the law and it was of the opinion that the law had not been weakened in any way by the regulations.
“The law ensures that conflicts of interest are properly addressed and contributes towards a sound infrastructure of good governance, therefore reducing the opportunity for corruption,” the commission stated. “The commencement of the law, amendment law and regulations will provide the commission with the power needed to meet its constitutional mandates to supervise the operation of registers and to investigate breaches of established standards in public life.”
See the law, regulations and CSPL statement in the CNS Library
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Category: Government oversight, Laws, Politics
“I think the worst thing that’s ever happened to politics in Cayman is called McKeeva Bush,” Alden McLaughlin said. “Because McKeeva just… just exacerbates and… makes dissention where they need not be any and makes issues of things that ought not be issues. This nonsense about what colour a person wears… is absolute lunacy.”
“Actually, I dislike how he operates,” McLaughlin said. “He would never be my friend because… I just know too much about the man personally, too much that I don’t like at all. But I have no hate for him. I have no hatred of anyone to be truthful; life is too short and hatred takes too much energy.
“If Mac was sitting over there, I’d go over and mess with him; that’s how I am. I do it all the time.”
McLaughlin agrees that the government is going to have difficulties funding large infrastructure problems going forward and that he has no objections to public-private partnerships, as long as they are “open, transparent, properly documented, properly costed – all the things the [current] government isn’t doing”.
“China Harbour is just bad news,” he said. “Just go and do the research. If they had looked around for the worst company they could possibly get, they couldn’t have done a better job in choosing it. Just talk to the people in Jamaica, as I have.”
Journal March 7, 2012
https://www.journal.ky/2012/03/07/a-dinner-conversation-with-alden-mclaughlin/
Yes, he hated him so much, he decided to outdo him.
Another self policing law. Kinda like the traffic laws and we see how great that is working. No meaningful enforcement means lawlessness.
The Unity Government have again insulted the intelligence of the pubic.
The Standards in Public Life Law and its Regulations have been weakened to the point where the Procurement Law was also weakened.
Both Laws as amended now legitimise / legalise criminality.
Both Laws are NOT Fit for Purpose.
The corrupt to the core “Caymaian Way” of doing government business has been further legalised by our corrupt government.
This legalizing of government corruption now gives the opposition another opportunity to bring amendments to the LA to make the Laws “Fit for Purpose”, to bring integrity and honesty in good governance.
Opposition….we are waiting and watching.
Prospective candidates in the 2021 elections, you also now need to begin speak out on these important issues, to identify yourselves and your personal values. We need to evaluate if you are just a new political actor face or a real change agent to good governance.
The whole thing is a joke that is meant to insult the intelligence of the public.
Most things they say and do insult the intelligence of the public.
However given the continued presence of such people in government, one has to wonder about the intelligence of the public.
So basically we sc***ed
Another law with no enforcement. Cayman Islands, a place where you can just pretend to do things and that’s the best it gets.
So this makes AL T as the board head of Planning NOT a conflict of interest. Wow, why enact the law in the first place then.
To be compliant with CFATF
Based on the list in Schedule 1 of the SIPL (2014), it is not clear that the Central Planning Authority Board Chair even falls into the category to declare….
I don’t believe the Law was ever meant to be effective. It’s just a sham.
Much of Cayman’s legal system is like putt-putt golf. Kind of like a real legal system, but oh so fun.
In the last 50 years how many politicians or paid government entity board members have been prosecuted and sentenced for corruption?. The answer suggests that we alone in the world have officials of the highest integrity and morals who have steadfastly refused all opportunities to take advantage of their position. As the prayer goes, for what we have received we should be truly grateful.
No need to fear if you are honest and got your wealth honestly. As far fetched as it might sound some people do.
One person in the limelight recently surely lacking everyone of the core values. What in the world should we do?
Honesty and Integrity…..never going to happen!
SIPL, as it stands now, even before Regulations, relies on: honest and timely public servant/MLA declarations (incomplete as they are); whistleblowers that have learned they stand to be demoted or fired for speaking out against the Reich; the three person Board, created in 2009, that has remained silent for 11 years, to refer irregularities to FCU/ACC (both of which have been cited by CFATF as having been given little capacity to do anything meaningful); and the Cabinet’s fleeting embarrassment to give enough sh!t$ to discipline and sanction its own colluding membership if something is found (never going to happen). Add to that, neither Chief Justice nor Deputy Governor seem to agree who “runs” the Courts. No wonder CFATF continues to cite high level corruption, illicit transshipment, and money laundering as entrenched problems here. We will need a short term period of Orders in Council to clean this place up and restore honest systems of governance – and more court rooms and a much bigger jail capacity.
Yawn!
Vote NO!
Toothless law
Love that diagram. We should test all people in public office to see if they actually have any understanding of the words written there. Funnily enough, I think I know the answer, but the problem is, corruption at some levels is so ingrained people think its part of the job perks and see nothing wrong with it
Serial liars/abusers/thieves without conscience, while purporting to fear Godly wrath. It’s the strangest mix. They wouldn’t even understand the paradox if you explained it to them.
Godly wrath? As long as they worship at the right church on Sunday they know they can do what they like the rest of time. That’s the way religion works isn’t it?
They’ll all just claim ignorance if caught. Penalties are a slap on the wrist see and no mention of being banned from public office if found guilty. Then there’s the usual problem of enforcement, who is charge with this duty?