No regrets on vote despite constitutional loss
(CNS): Premier Alden McLaughlin has said he does not regret allowing a conscience vote on the Civil Partnership Bill in July, even though it has resulted in the loss of a significant advancement to the Cayman Islands Constitution. The premier confirmed that the UK was ready to issue an order for the package of constitutional reforms negotiated last year but the removal of the governor’s reserved powers was no longer included.
As he had predicted, after the Legislative Assembly failed to pass the Domestic Partnership Bill, now the Civil Partnership Law, and Governor Martyn Roper used his constitutional power to implement the legislation, that change to the document has been removed from the package of agreed reforms.
The UK’s overseas territories minister, Baroness Sugg, is in the process of issuing a new draft order-in-council, the Cayman Islands Constitutional (Amendment) Order, 2020, which will be reviewed by the Foreign Affairs Committee and the Privy Council in London before being confirmed.
But in a letter to the premier she confirmed that the provision which would remove section 81 of the current Constitution, which grants reserved powers to the governor to pass legislation, will not be included. Baroness Sugg said this was a direct result of his need to use the provision over the LA’s failure to uphold the rule of law”.
He said that “the negotiated package of reforms, including the removal of section 81 was hard-won and brought significant benefits to the Cayman Islands”.
While he said he had come to accept that section 81 will now remain in the Constitution, “I will always regret the opportunity that we, as legislators, and as a country have lost.” But answering questions on the issue at the press briefing Friday, he said he did not regret allowing a conscience vote.
“It was a matter… that was quite proper to allow a conscience vote,” he said. “But in practical terms, had I not done that I probably wouldn’t be sitting here as premier this afternoon as it would have brought the government down. And as tempting as that might be, sometimes even for me, for there to have been the collapse of government in the middle of this pandemic, I’m not sure that would have been in the best interest of these islands.”
Minister Dwayne Seymour, who was one of the ministers who had ensured that the bill failed, said he had no regrets whatsoever about the vote, and while he thanked the premier for allowing Cabinet members “to use our conscience”, he did not think the premier was surprised by the outcome.
McLaughlin said he was disappointed by the outcome but he was used to disappointments during his political career. But, he said, removing section 81 from the Constitution would not have put an end to the UK intervening in Cayman’s affairs because it is an overseas territory, but it would have limited the circumstance of intervention. In his statement the premier also said he hoped that in the future another government may be able to get this section removed.
While his relationship with the UK had not been damaged by this, he said there were, however, strains within the Cabinet. But he said there was no danger of the government collapsing yet.
The constitutional amendment order includes a number of other changes that will modernize the Constitution but they are less significant than the removal of section 81. The order includes changing the name of the LA to ‘Parliament’, which, the premier said, reflects the true standing “we will have in constitutional terms” and will help when Cayman has to deal directly with the UK or any other government.
“Government officials understand intuitively that a legislative assembly is an inferior body in constitutional terms to that of a parliament,” he said. “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. The new parliament will also have power to amend its own standing orders, taking that power from the governor.
The order will pave the way to change ministry councillors into parliamentary secretaries and add another minister to Cabinet. It will also see the creation of an independent police commission.
Other important changes include the creation of a new section of the Constitution. Section 126 will require the UK to consult with the government here of any intention to legislate for it or to pass any legislation in Britain that would impact Cayman and to consider the local Cabinet’s input.
“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,” he said.
The amendments make plain that the responsibility for the domestic policy of Cayman are matters for the elected government. This new provision is similar to one in Jersey’s constitution and the premier said it would provide “some increased insulation from intervention by the UK Parliament and indeed the UK Government” in devolved responsibilities.
The UK has also agreed to remove section 80, which enables it to disallow legislation passed by the Legislative Assembly.
Meanwhile, Governor Martyn Roper said it should have come as no surprise that the UK has decided to retain section 81 of the Constitution. “The UK needs to be able to exercise its responsibilities and international obligations in an Overseas Territory, he said, adding that the situation over the Civil Partnership Bill demonstrated a need for the UK to retain this power.
“I can assure you the decision was not taken lightly. UK fully supports and respects Cayman’s extensive responsibility for domestic affairs,” he said noting that the UK had “great respect” for the premier and the government with how they have managed several challenges in recent years and handled the COVID-19 pandemic.
“It has been, and will be, very rare for these situations to occur,” he said, referring to the limited use of this power by the UK. Prior to his own use of the provision last month, it was used just twice before: in 2000 to legalise homosexuality and in 1991 to abolish the death penalty.
The successful outcome, with the rest of the negotiated package remaining intact, reflected well on the Cayman Islands joint negotiating team, led by the premier and at the time supported by then Leader of the Opposition Ezzard Miller and Deputy Leader Alva Suckoo, who was one of the opposition members vehemently opposed to the DPB, which led to the removal of section 81.
See McLaughlin’s full constitutional statement in the CNS Library.
See the full press briefing on CIGTV below:
Category: Politics
5.25 One of the most sensible posts on CNS for a while. What a pity that too many pepople listen to the MLAs who spraff nonsense about independence. This island would need YEARS to have any real standing in the world. And the ex-pats would all be gone too.
I love Cayman but I am aware that who we are and what we achieve is because we are a UK territory; today we reap the benefits from treaties, reputation, trade agreements, international conventions, etc. that the UK worked hard to set up with major players YEARS ago, when Cayman had limestone roads. Something as basic as the waivers we use to visit the US instead of a visa, would likely cease to exist because we would no longer be a BOT. As far as international law is concerned, Cayman without the UK would be at square one and would have to prove itself on its own merit, which takes time AND money. Let us all remember that when we hear heated talk of independence.
weasel words from a spineless leader….
Try hush Mr. Alden. We dont believe your crap anymore. Now open back up this island! We still shut down because of a flu.
For so long I have heard the same old line that we will fall apart and become another Jamaica in the Caribbean should we decide to go it alone without the UK. I am not an advocate of independence but it seems like we are being pushed in that direction. Cayman is quickly deteriorating morally, politically and culturally.
Has anyone really taken the time to research what it would take to go it alone and what the UK really brings to the table. As of late they seem very interested in us for some reason and not for the good it would appear.
Our current generation may be happy with the status quo but have we thought about starting the conversation with our youth as to what they want their future to look like? Many of them know very little of our culture, history or even what our legislative process is. We teach none of these things in our schools and even parents nowadays are more interested in material things than teaching their children about their own country.
Our current politicians don’t have the balls to stand up to the Governor or to anyone one in the UK for that matter. Yes they are our masters but we are not slaves? What is wrong with standing up for what you believe in and speaking your truth. What will happen if you do? Are you afraid of losing your seat or premiership? Are you afraid that you might not get re-elected?
What are we afraid of? What if tomorrow the UK would say they need our island for a military base? What if they said we are closing down your financial industry? (they have been working on this for a few years already) What if they said we need to start paying taxes to the UK? What if they said they would be putting their own government in place to run the country? What if they say, like it or not we have to go independent? What would we do, that is the question? Are we still going to act like dogs and roll over and play dead?
I hope and pray that at the next election we will have some good people come out that want to be statesmen/women and not highly paid career politicians. I want to see people who will not be swayed or corrupted by the power of the office or love of money. I want to see men and women like we had in the past that stood on principle and not on how much they were paid. Unfortunately, as much as I have prayed for this before, without fail they have become slaves to the money and power.
I look back at when we actually made the decision to move from being attached to Jamaica. Back then many of the politicians believed that we should remain with the status quo and it took just one good man to stand up and say we could do without being under Jamaica. Will we wait for another ultimatum before we start preparing and educating ourselves on what our next move will be. It is quite apparent that the UK doesn’t trust us and it certainly has no faith in our ineffective politicians.
This is what happens when you have a group of small minded, backward individuals who are in the LA. What the UK is saying is…. you can’t be trusted. God help us if we ever get independence
In essence, what the UK has said, is that we as a people are not developed or evolved enough just yet. Therefore our master and educator must increase.
Wondering if anyone wishes to consider the UK are the same people to govern Hong Kong, for Opium trades in the 1800’s.
Therefore, let’s be careful on whom be the teacher, to whom we bend and bow and lastly, to what indoctrination.
Therefore let us get educated and developed further to increase our own power over ourselves. The rest is just whining and crying. Can we do this as Caymanian? This proves no. We are not ready. Save us from our own ignorance.
And Caymanians kept slaves.
So, do you really want to throw historical stones, or mature into a forward thinking democracy?
Dude please stop talking..you embarrass us everytime you open your mouth and more of your insincere and self serving bs comes out.
The “us” has done a good job of embarrassing themselves, too shallow to read between the lines.
That will teach me…more really pointless and irrelevant self serving verbal diarrhea..hey here’s some lines
—————
you’re an idiot
—————
Three members of Premier Alden McLaughlin’s own government namely Ministers Julianna O’Connor-Connolly, Dwayne Seymour and Councillor Eugene Ebanks voted against the bill and the instructions of the Premier. That says everything you need to know about the strength of the Premier especially when you understand all are still loyal to the Co-leader of the Government of National Unity McKeeva Bush.
Under the leadership of Alden McLaughlin the PPM have become the old UDP. Now that Alden and McKeeva no longer see value in the other as the elections near expect there to be a split along battle lines where McKeeva Bush takes control of his players and Kurt Tibbetts the real leader of the PPM tries to salvage the dysfunctional PPM with a side agreement with Ex PPM member Wayne Panton who fancies himself as the next Premier. This group of yes men will be bankrolled by Panton in the 2021 general elections on the condition they remain loyal to him at all costs.
Cayman’s own version of the tv show Game of Thrones.
All good except (who)gene is not PPM…
Wayne would be great as PM!
We need to be honest with ourselves. As long as we remain a UK territory the UK will always retain a mechanism to assert their will over the people and laws of the Cayman Islands. It seems to me from what the Premier was saying that he is engaged in an exercise of smoke and mirrors in an attempt to make the public think that we have achieved meaningful constitutional reform what nothing could be further from the truth.
Section 81, only previously used 20 years ago, is the thin strand of UK stability which tethers our local maladministrators to the reality of international law. Our main financial pillar would crumble if it were to disappear. Still, our MLAs seem abnormally eager to run around with scissors, air snipping randomly. It’s a special kind of disassociated lunacy to not understand our bound relationship as a UK Dependent Territory, and the positive impact that has had on our past, and stands to have on our future.
Maladministration? Breach international laws?
https://www.cnn.com/2020/09/09/uk/boris-johnson-rule-of-law-brexit-intl-gbr/index.html
Nowhere near the same.
Try again.
The UK are obliged by the overwhelming support of their electorate to seek the best possible separation from the EU.
In the real world this is a negotiating point and shouldn’t be removed until the British people get their sovereignty back from unelected commissioners.
Cayman isn’t a sovereign nation, neither can it be trusted to live in the 21st century and treat its own people with fairness and dignity.
So no lessons from you thanks.
You might be able to fool some people, but your dancing around the real cause of this fiasco is telling. Are you sure you don’t plan to run in the next election?
You chose your crew knowing full well they are not capable of making decisions right for this territory. The blame for the UK having to step in squarely resides on you Mr. Premier. And now you think UK will allow your band of blaggards, bigots and buffoons to be evolved into a parliament. How presumptuous and hilarious!
To sum this up I say we’s got to look impo’ent to be impo’ent.