Ethics code needed to stop MPs abusing privilege
(CNS): The Human Rights Commission is calling on politicians to adopt a code of conduct following complaints about the abuse of privilege during past debates on LGBT rights in the Legislative Assembly. In a letter to members, HRC Chairperson Dale Crowley said the privilege they enjoy should not be used to create the divisiveness witnessed on that issue. Research also suggests too that Cayman is behind other jurisdictions when it comes to a code that could curb such abuse.
The HRC received a public complaint last year alleging a human rights breach by several MLAs (now MPs) during a debate about marriage equality. As a result, the HRC looked into the complaint and conducted research here and elsewhere into privilege, which protects members from legal action stemming from anything they may say in the parliament, and also how members are encouraged to behave with decency.
In the letter Crowley explained what the complaint was about and the HRC’s concerns.
“The allegation concerns threatening and discriminatory rhetoric used during a discussion in official sessions of the House, in particular discussion concerning the issues of same-sex marriage and LGBTI persons,” Crowley wrote. “In considering the circumstances related to this particular matter the Commission recognised the very important principles related to parliamentary privilege… Such a privilege should not be used to separate the community and create divisiveness in the manner in which the public has witnessed it being used to discuss the topics of LGBTI persons and same-sex partnerships.”
Crowley said the HRC looked closely at codes of conduct in other Caribbean and Commonwealth jurisdictions relating to the behaviour of public officials. “The development and implementation of a Code has been completed successfully in other jurisdictions and is one area in which the Cayman Islands falls behind,” he wrote.
Given that the LA has now transitioned to a parliament and has passed legislation to move it from the direct responsibility of the central government to an independent authority, the HRC chair said it was a good time for the establishment of a code to go “hand-in-hand with these proposed advancements”.
Crowley pointed out that people of the Cayman Islands have a legitimate expectation that their elected officials uphold “high ethical standards” and comply with important “constitutional rights such as non-discrimination, freedom of conscience and religion, and freedom of expression”.
The HRC chair noted that parliamentary codes of conduct can help ensure that those holding positions of power have transparent checks and balances and that they remain accountable in their behaviour.
“Maintaining a robust set of policies to manage the conduct of public officials formalises and professionalises integrity expectations set by the public and is essential to maintaining public confidence,” Crowley added.
Calling for the creation of a code, in a press release the members of the commission said implementing such policies would provide an opportunity to ensure that officials act in the public interest and provide an avenue for upholding individuals’ rights at a parliamentary level.
See Crowley’s letter and the results of the HRC’s research in the CNS library
and also on the HRC website here and here.
Category: Government oversight, Politics
Sadly this should not even be necessary because people should have the basic decency to display ethical principles in their daily lives – especially when they become public servants. That is what MLA’s are – Public Servants. But they forget that and everything else except their quest for power and money!!
HRC need to look at human rights for native and indigenous Caymanians; existing paper tiger statutes have been getting trampled and international red carpet appearances have superseded everything else.
I have no problem with homosexual rights and other fine-tuning exercises being discussed in some shape or form to maintain societal progress, peace and recognition for those who hold them important. However, we have bigger fish to fry in Cayman and these long-standing issues should and imperatively need to be addressed before we settle issues of small groups instead of the large ones, just for the purpose of getting on the best dressed list at social policy award shows.
Pretending everything is hunky-dory to look good in front of other popular crowd countries flew out of everyone’s window when the coronavirus world tour started in March. (Exception of a certain spin zone administration; 20 January 2021 cannot come faster)
Priorities need to be re-established. Every country around the world is looking to help the majority of their citizens and indigenous first, perform the expected global coordination necessary and beyond to beat the virus, and deal with other issues when possible. Why can’t we focus on the same? Looking at paint colors is nice, but can we build the four house walls to paint on first?
On 26 May 2021, I will be voting based on what the current government configuration has done for assimilated residents, the indigenous and native citizens of the Cayman Islands. (MLA to MP conversion yet to be proven beneficial)
To be honest, LGBTQ rights and the MP decorum rules surrounding it in Cayman are back-burner issues in comparison to surviving the financial, economic, and health challenges that existed before and after the start of the pandemic. Every issue deserves to be discussed but the totem poles are in desperate need of repair.
Everything is not okay and everybody needs a say at the decision making table, before the house of cards implodes and the eventual mass exodus of the popular kids when the party goes sour.
Four words: Fair Employment Opportunity Commission.
It’s kind of the point of human rights that they apply to *everyone*
In this case, that means irrespective of how long your family has been here.
That’s not to say that protection/support for native caymanians may not be worthwhile, but it’s not a human rights issue.
Can they even spell the word “Ethics” or tells us what it means?
Mac?
This one directed at you and no; you don’t get to phone Alberga.
Is it true that under the new arrangements, MLAs will be setting their own salaries and benefits instead of some independent outside body?
Yes, they will be totally independent of the rest of the government. But, with higher salaries maybe everyone will see a few more free turkeys and appliances around election time!
What Caymanians do not comprehend is that because they pay no income tax our Members of Parliament are the highest paid in the world. Easily outdistancing in salary, Canadian and Australian MP’s. Incredible in a place with only 65,000 people.
Like that’s ever gonna happen. Look at what they have already done and gotten away with. It’s what they do and not gonna change because it hurts your feelings. If you want them to change you will have to make them. See that happening?
This could not come soon enough but seeing as how the self aggrandizing “parliament” will soon be its own entity there is no chance this will happen. There’s not even a code of conduct or ethics for journalists!
How can you expect people whose entire political lives have depended on half truths and deception, to suddenly change their ways.
One honorable for life in particular comes to mind.
Ethics…. Decorum….Legislative Assembly….. pigs….. fly….
Surely there is a sentence there somewhere.
In other, late breaking news, pigs might fly.
I voted for Jon Jon but after his highschool-like conduct cracking jokes about the gays during a sitting of the house he lost my respect. Please young Caymanians step up, we need fresh minds not fossils.
Ha, I voted for Arden and he is such an embarrassment. And yet he will be the next Premier. Well, that is what he is tell people
Remember, it’s his turn.
He’s *entitled* to have a go at being premier.
Because reasons.
It doesn’t matter that he’s an inarticulate, ignorant buffoon. Turn and turn about.
Two-way street 🤷🏽♂️
I agree 100% with this recommendation. A code of conduct in the LA/Parliament is long overdue.
I wish dale had more of a backbone with cig like James does, but he runs in the circles with those in power unfortunately.
Amazing that this would even need to be explained.
Would you like for me to explain a sopapa to ya side a head meet me at the Library .the nerve a ona. Just you wait .Missa man just you wait. Nice tea will be served.
What?
1.07 Ah, the benefits of a public education system.
And you too we welcome ona ( everyone) of you.@6:38 pm. It hurts when you don’t know doesn’t it?
8:18 I really don’t want to know. The reason local people don’t get the high paid jobs in professions is that they cannot communicate professionally. Axe someone if you don’t understand.
Cute – threats of violence always the mark of someone out of their depth or ability to rationally criticize the other person. All the more tragic because they are clearly completely pointless – why would anyone be scared of you when you have no idea who they are. Fact that you think this is somehow persuasive or credible just opens you to scorn and ridicule, yet you cannot even see that. Sad.
Will it include a section that clearly states “thou shall not verbally abuse and/or physically assault bar servers”? Because as we have seen in the past anything not strictly forbidden in the rules is acceptable for certain MLAs. See also personal use of credit cards in casinos.
And Duty Free watch stores
Wringing your hands about “divisiveness” and “separating the community” is just another way of saying “stop disagreeing with me,” Free speech is the human right most under attack lately.
Ministers should have better code of conduct to not say stupid things in the house Like talking nonsense about FULL MOONS, But the people are more stupid to vote for someone like that.
Good luck with that.
It’ll be implemented about the same time as the EY report into the Civil Service.
Accountability and responsibility aren’t concepts recognised by our lords and masters.
Yep, agreed. The opportunity was missed to have a proper code of ethics required by the UK BEFORE approving the move from MLA’s to MP’s and Legislative Assembly to House of Parliament.
Even if our local lawmakers to adopt a code of ethics it’s unlikely to have effective consequences for breaking or abusing same. Or they will pretend the offence didn’t really happen.