AG: Speaker has no authority to block report
(CNS): Legal advice from the Attorney General’s Chambers released by the Public Accounts Committee shows that Speaker McKeeva Bush had no authority to block a report about OfReg last week. Attorney General Samuel Bulgin signed the advice, which stated that there is no provision in either the Constitution or Standing Orders that requires the speaker to verify a report that had been cleared by the Business Committee before it was presented to the Legislative Assembly, and in turn the public.
PAC Chairman Ezzard Miller asked Bush last week on what authority the committee’s report, due to be laid on the table of the LA on Friday, had been removed from the order paper. Bush did not offer any authoritative support for the decision, merely saying that he had not had a chance to review it.
Given the implications, the PAC sought advice from the government lawyer, who confirmed Miller’s position that the speaker has no authority to block his committee’s reports from being released.
The report relates to a damning audit by the Office of the Auditor General published earlier this year that highlighted significant problems with the increasingly controversial utility regulator.
The Efficiency and Effectiveness of the Utility Regulation and Competition Office, found that OfReg was failing in its basic mission to protect the consumer. When the PAC held public hearings, the auditors findings appeared to be well founded. The hearings also included an extremely angry appearance by the board chairman, who refused to take any responsibility for the catalogue of issues surrounding the regulator.
The blocked report is expected to lay out the PAC’s findings based on the evidence from witnesses and their recommendations on how things could improve at OfReg.
A press statement from PAC, which comprises government and non-government members, said they were very concerned with the unilateral decision of the speaker to stop the chairman from tabling the documents, which included the OAG’s audit on OfReg, which is already public, and the PAC’s report and recommendations after its public hearings examining the original audit.
“The PAC wishes to assure the public that these two reports are very important and that the reports deal with matters that affect the daily lives of Caymanians and residents,” the members stated.
The PAC added that the speaker cannot be allowed to “set a precedent that could threaten transparency, good governance and the rule of law and which undermines our democratic process”.
Standing by the reports and how they were prepared, the PAC also said they contained “no inflammatory language” and the recommendations were fully supported by evidence from the public hearings.
Meanwhile, Auditor General Sue Winspear told CNS she was “very disappointed” that the speaker had blocked the tabling of the report. She said she had no idea why he would, given that the reports were cleared by the Business Committee, which is chaired by the premier.
“The work of auditor generals and public accounts committees is fundamental to democracy,” the audit chief said. “Anything that undermines that is of significant concern.”
Winspear commended the members and the work of Cayman’s bi-partisan committee. “PAC is highly effective body,” she said. “And what I see of the committee work is that all members are doing everything in the public interest regardless of their political positions.”
Winspear said she had worked closely with PAC as it prepared the final report and recommendations for government regarding the situation at OfReg.
“The committee behaved responsibly and came up with appropriate recommendations,” she said, adding that the goal was to “improve deficiencies” in government finances on behalf of the public and help public authorities “move forward”.
Explaining the chain of events that led to the blocking of the report, the PAC statement said the auditor general had completed a very professional report in accordance with all the rules, which was delivered to the Legislative Assembly in full compliance with all the relevant Standing Orders.
PAC then conducted its review of the report, including public hearings, and prepared is own report, which was signed by all members and then sent, along with the original audit, to the Business Committee of the LA.
The Business Committee, which is chaired by the premier, who is also responsible for OfReg, accepted the reports. They were then placed on the business paper along with the committee’s annual reports. But when the order paper for Friday, 30 October, was issued, it included the annual reports but not the OfReg reports. Following inquiries by Miller, the speaker revealed that it was his decision not to place the reports on the order paper.
With the backing of the entire committee, Miller wrote to the AG for a legal opinion on the speaker’s actions, which agreed with PAC that the speaker was acting without authority.
“In essence we are unable to find any provision in the Constitution or the Legislative Assembly Standing Orders which require the Honourable Speaker to ‘verify’ the information contained in the PAC report prior to its tabling in the Legislative Assembly in circumstances where the business committee had decided that the report should be placed on the Order paper for a particular day,” the AG found.
PAC has now agreed to resubmit its report, together with the report from the OAG, to the Business Committee for tabling during the next meeting, which is expected to sit in early December.
See the PAC press release and the attorney general’s memo in the
CNS Library (scroll to near the end)
Category: Politics
The real Speaker is back! Mac can do whatever he wants! Stop the report which is full of lies! yes! Cayman doesn’t need any more drama!
Speaker has no authority to block report. Speaker blocks report. Obviously He has the authority to block the report, XXXX and anything else he wants. Ask yourself why this is and then listen to your answer. Plan accordingly.
I watched this exchange between Mr. Miller and the speaker in astonishment! As it seemed clear Bush was acting improperly, especially as he refused to answer Miller’s question as to “what authority or standing order Bush was using to deny tabling the reports?”…or words to that affect. Bush then angrily proceeded to make excuses but could offer nothing pertaining to his rightful authority to make such a ruling.
What was similarly troubling was the Premier sat there and attempted to make himself look busy offering not even a glance to the exchange between Miller and Bush, all while the Premier had previously signed of on it?
Another embarrassment!..to say the least!
Let’s stop all the bs . Everybody knows that there are Lodge links at play here and the Sleaker a non member is indeed.courting favors for 2921 Sleakership as men from the East walk together in perpetuity of cl in grouper. Well is that better said now? 🤝
not really…. I think you gave me a stroke with that rambling insanity.
A King trumps a Premier or Minister every time. Cayman Islands pretends to be a democracy to keep the Crown happy but it is still third world at heart. Third world and modern world can not get along well. Big changes coming soon.
So master messenger Trumpeter ( no us pun intended) what is the big change 7:12 are you planning a coup or you socializing with the Socizlists or the broken monarchy. Spill it man or else close the trap for Miskitos might get in.sene.
You cannot just blindside the Speaker with a report that had been admittedly late! All you backbiters need to let the process play out!
No kidding, I am sure Mac knew that already. He doesn’t care. He knows that worst that will happen is that he will be forced to release it at a later date, and someone will owe him another favour. If you can XXXXX and still get chauffeured around in a government luxury car, draw a salary and a pension and hold high office then you have already learned Cayman’s biggest secret: there are zero consequences if you know the right people.
McKeewa da slippery as a conger eel Bush strikes out yet again just how many foul balls is this Mann going to get umpire Roper ??? or do you only count the balls he hits for the empire to keep it going $$$$$
2020 finally telling power hungry narcissists whom only want to enrich themselves where to go.
Who not whom.
The Cayman Islands are run by 3 stooges, AlDente, McCuba and Buldog; none all that bright, at best, middle-tier floor shop managers in a regular country.
Why cannot this Lodge person be replaced with a non-Lodge Caymanian? Is there any good reason or is this just a big cover up and people just avoid these issues even though they are true?
Maybe Mac trying protect Linford???
Talk about hitting the nail on the head
Maybe Mac trying to protect his own dishonorable ass.
Perhaps the AG could be asked to offer another one of his crackerjack box opinions on when tactical political negligence crosses into the realm of criminal obstruction? Did he raise his hand? Has he ever?
The speaker has all the power he needs to do absolutely anything he chooses by the looks of it. No one has the balls to say or do anything to stop it. Right? Well?
No, Donald Trump the corrupt swamp-maker who tore the very fabric of America apart and will do the same to the Constitution! Dictatorship! Mmmm…..our Bush isn’t there yet!!
You’re an idiot. Inform yourself.
Nice and expected tRumpist reply 😘
Nice, expected, and true, Mr. 5:12 am
Lol. I doubt you’re smart enough to hold a conversation with. Let me explain it to you in very simple terms. Unlike you, I think for myself and do not parrot or regurgitate everything that I hear on CNN or feom some flake celebrity. Parrot. Verstehst du mich?
Please have respect and leave Donald Trump out of this!!’ God knows we have big problems here – we are living in a big “pressure cooker”! Need I say more. Pray for America and President Trump he is/was the best president ever! Pray that America doesn’t fall or we ALL will be done. 🙏
The only real surprise here is that people are surprised. McKeewa been pulling stunts like this for 30+ years.
So fellow MLAs, sorry MPs, do you hold him in contempt? Censure him? Silent as crickets like always. Roll on corruption.
You are absolutely right, this is nothing that should surprise us, although doing it as Speaker of the House, who should be totally independent is more than sad. But, my question is always, WHY did he do this particular thing, generally the answer hides something much worse, does anyone know what he is hiding this time?
PS, never mind being independent, the Speaker has no business deciding what the House may see!
perhaps Mr Speaker had another downward spiral in his mental health, – surely due a look in the mirror to self prescribe an absence of leave again; doctor
McKeeva Bush is allowed to act like a buffon because Premier Alden McLaughlin allows him as Speaker to do really ignorant and stupid things. It clear Bush is ultimately running the show. As leaders of the UNITY government both are to blame as the Premier is the Chairman of the LA Business Committee. The time has come to get rid of both of them and all those yes men that allow this national embarrassment for this shit show to go on unchecked.
Vote them all out in 2021!
You forgot they are your servants. Not the other way around.
Wrong! They are SUPPOSED to be serving the people. They are just looking out for themselves.
PAC still has not shaken its reputation for its handling of senior public servants.
Do onto others as you would like done to you.
Really how does any upstanding citizen expect our wig sporting buffoon of a Speaker to verify a PAC report, or any report for that matter? He can’t even publicly verify or acknowledge his own transgressions. I highly doubt he can comprehend any text over grade 4 level, and that’s probably an overestimation.
How did Cayman end up in this mess?
6.26 He gets someone to translate text and numbers into colourful pictures.
The King spoke, they all listened and let him do what he wanted.
They don’t know why. Now they are looking for the answer. They should be more interested in why he would block it.
It just befuddles the mind on the motivation of the Speaker to the block the report. Yes it may be damning .. to OfReg and perhaps the sitting government but it is not new information. The Auditors report had already been published and I cannot imagine that the findings of the PAC could be any more damning. I just don’t get it and the only logical explanation that makes sense is that the Speaker is looking to gain a voice to boost his re-election plans. There is nothing in the PAC findings to hide. What am I missing?
If you watch the YouTube session, Mac did not block the report itself; what he did was remove one of the accompanying documents Miller wanted attached. I am curious as to what is in that document that Mac would blatantly ignore the Constitution and the whatever Orders. What is Mac trying to hide or whose A-double-s is he trying to cover? Anybody knows what that supporting document is?
Anon 3:32 You are so misinformed the Speaker blocked the laying of the Auditor General Report and the PAC report.
Ezzard did not want to attach anything
So, the speaker acted unlawfully?
Again
Say it Sam, say it.
yes, and in other news…
Lets see what happens now. I suspect nothing will happen and as usual there will be no repercussions. The elite get to do whatever they want… sigh :(.
Ha! You mean big mac does whatever he wants. AND get away with it.
That’s all you can expect from this impUnity bunch of Kakistocrats!
They need to dump his unethically Axx out of the LA. No shame.
You best you shut up or a position in BVI or Turks will soon be open for you.
Naaaaah… he’ll retire soon. Fat pension and benefits and Mac_granted status .
All confirmed by the AG to be perfectly lawful. Perhaps he could become a JP. That role seems very powerful. JP’s can apparently authorize the breaking of laws, or at least provide an absolute defense to those that do.
He so honourable.
If “PAC is highly effective body,” then why
“ Mac and JOCC escape PAC grilling”?
https://caymannewsservice.com/2016/02/mac-and-jocc-escape-pac-grilling/
“ Neither the of the country’s two former premiers will be called to answer allegations that public cash was mishandled in their respective ministries during the previous UDP administration. ”
PAC must be held to account https://www.caymancompass.com/2015/01/22/pac-must-be-held-to-account/
“ And yet, to date, neither Ms. O’Connor-Connolly nor her chief officer Kearney Gomez has been called before Mr. McTaggart’s committee to explain these expenditures.”
Anon 2:53.
You are so uninformed Ministers are not called to the PAC as they do not spend Government money, Chief Officers and Chief Financial Officers do that is why they are called to PAC.
PAC is not personal it is governed by rules and laws
Read the articles, the links attached.
They do not spend government money? Are you sure they aren’t using government cash for anything?
Minsters do not spend Government money? Wow! Where do they get all that money they spend?
This is really disgraceful how senior biblethumping politicians are so brazen in their disregard for any integrity ….and get away with it.
When and what will cause us to get rid of the Cayman Donald Trump. It is hard to decide which one of these elephants is worse. May our people make the right decision in May to kick that ball down the road.
In other countries this type and quality of behaviour is disposed of. They are forced to resign. No furniture, or handouts should secure another 4 years for the Speaker/MP to create anymore embarrassment to these islands. Character, dignity, education, including good common sense are only a vfew qualifications to fill the seats in Parliament..
Nothing like Trump.
Character, dignity, education,… including good common sense are qualifications? Wow! Our lawmakers are going to be honest? Please tell me what is going to bring this on. What will bring about the change?
Character, dignity, education, including good common sense? Sorry, you won’t find much in our “Parliament” There was one who thought he should be called “Honourable”, but he was mistaken… or lying.
How can this man be a Member of the Caribbean Commonwealth Parliamentary Assoc. when he is not aware of the rulrs of his own Assembly (now Parliament). He is our own version of Donald Trump.
Donald Trump the self made multi Billionaire with the supermodel wife? Your Bush is like that?
4.23pm Undeniably our Bush is a self made multi Millionaire with a supermodel slot machine.
Fake news. Trump was not self made. He inherited his wealth from his papa.
So?
His bias ways ace Donald Trump.
The same people who spent the last 4 years falsely saying Russians rigged the USA elections are now saying theres no way an election could be rigged by illegal ballots ?
There’s a big difference between saturating the internet with propaganda versus direct voting fraud. The latter is a more serious and unfounded allegation outside of some fabricated conspiracies on social media.
7:00, There is a reason why President Putin is the only major world leader still having not congratulated Biden.
Think about it. Ask yourself why?