‘Off-the-books’ project shows need for transparency

| 09/02/2021 | 19 Comments

Alric Lindsay writes: On 23 December 2019, a request for quotations for the Smith Barcadere Redevelopment Project (RFQ) was issued and published on the Cayman Bonfire Hub. The RFQ was an invitation by the Cayman Islands Government to prospective respondents to submit non-binding quotations for The Smith Barcadere Redevelopment Project. The scope of the project included the construction of a car park on the beach side, a new office and an amphitheatre-looking object. Documents from the Ministry of Commerce, Planning and Infrastructure confirm that the cost of the first of three phases of the project was in the region of $1.3 million.

While the deadline for submissions for the Project was 24 January 2020, the only people who seemed to be aware of it were the politicians, their associates and, of course, the users of the Cayman Bonfire website. The rest of us were kept in the dark. This was the case until a member of the public noticed a reminder in January 2020 that a deadline in relation to the project was approaching. People were enraged. They were upset that someone wanted to alter the natural look and feel of Smith Barcadere forever. Public outcry and protest soon followed.

In relation to the public outcry, Cayman’s Iron Lady, Mrs Berna Cummins (Thompson) and Miss Shirley Roulstone (who should be a national hero for winning the people’s right to hold a referendum vote in connection with the cruise berthing facility expansion) appeared on talk shows and the radio with me to highlight the disturbing issues surrounding the project and to encourage members of the public from all walks of life to attend a peaceful protest. The protest ended with the government abandoning the project and leaving Smith Barcadere in its natural state. Unfortunately for the government representative, the cessation of the project did not end the controversies.

Controversy One:

The first problem is that there is no record of an official committee being established in respect of the project. Instead, an “unofficial” or “ad-hoc” committee was created, i.e. “off-the-books”. As confirmed in writing by the FOI officer for the Ministry of Commerce, Planning and Infrastructure, this unofficial committee gave direction to a government technical design committee for the project. In addition, no record or minutes were kept by the “ad-hoc” committee. The absence of minutes for this “off-the-books” committee, together with no written record of its establishment raised questions of transparency and accountability. Who or what did they want to hide?

Controversy Two:

As confirmed by the FOI officer for the CPI Ministry, the funds for the project were to be taken from the ministry’s budget appropriation EA142, which was allotted $1 million dollars in 2020 and also for the 2021 budget cycles. If this is true, it would mean that the project may have become a multi-million dollar venture by the time of the completion of all three phases. With no minutes in place for the ad hoc committee, it would have been difficult to track the costs (including any “over-runs”) and relevant approvals if the project had gone ahead.

Controversy Three:

In terms of approvals, there was a claim that the project had the benefit of a planning exemption and did not require planning approval to proceed. However, a copy of the planning exemption was never provided and could not be located in the Cayman Islands gazette. In response to a request to view a copy, both the FOI officer for the CPI Ministry and the FOI officer for the Cabinet Office indicated that the minutes and/or extract of the minutes referring to the planning exemption were exempt from disclosure under the Freedom of Information Act. 

I appealed this position. The ombudsman decided on 8 February 2021 that the extract of Cabinet minutes, which contains information on whether the Cabinet granted any planning exemptions in relation to the Smith Barcadere Redevelopment Project is not exempt under section 19(1)(a) of the FOI Act and the Cabinet Office is required to disclose the extract, which shows the decision of the Cabinet in regard to the planning exemption relating to the Smith Barcadere Redevelopment Project.

Thinking back about the whole seven-month process of getting this information, the flexing of muscles by the Cabinet Office was totally unnecessary – a perfectly acceptable alternative would have been to provide a copy of the gazette notice evidencing publication of the planning exemption for the project. 

Conclusion:

This exercise shows that there are those in government who don’t want us to know what decisions are being made, and how our money is being spent. In fact, the FOI Act was amended to prevent certain disclosures which had the public’s interest as the basis for the requests. 

It is unimaginable that this would happen in a democracy. Except in the case of the interests of the security of the Cayman Islands or the United Kingdom, public safety or public order, there is no justification why full transparency should be withheld. Without transparency, back-room deals will become the norm and those who expose them will be continually targeted and discredited. 

We need to change the direction of the current course and point towards good governance, accountability and transparency. Set aside self-interest and put Cayman and Caymanians first.

Alric Lindsay is a candidate for the George Town South constituency in the May 2021 General Elections.

See: Cabinet ordered to release Smith Cove minutes


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Category: development, Local News, Viewpoint

Comments (19)

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  1. Anonymous says:

    Well done, Alric. Thanks for trying to get politicians honest. Waiting for vote for you.

  2. Anonymous says:

    Cruise Berthing “Public re-Education Campaign”:

    “This RFP is to assist the Ministry of District Administration, Tourism and Transport (DATT) in selecting such an agency partner to provide strategic and tactical communications support for a focused, persuasive, high intensity public education campaign specific to the proposed Cruise Berthing Facility and Enhanced Cargo Port (CBF).”

    Appendix D with “Deliverable Particulars” would make for interesting reading.

    Awarded Nov 4, 2019 to Kelly Holding Ltd for KYD$86,320

    https://cayman.bonfirehub.com/opportunities/19668

  3. Anonymous says:

    Hold up! What is the Cayman Bonfire Hub? The hyper link that is included above doesn’t explain it for dummy’s.
    Asking for a friend of course..

    • Anonymous says:

      It’s an aptly-named treasure trove of public faith lost, contract awards, and crony payment schemes that either go unnoticed, or become headlines/investigations for later… like this one for KYD$199,213 paid to “Ron Wilsons Equipment” to renovate Heroes Square on this Cabinet’s request, for a May 2021 reveal. Wish I had an account so we could see the requirements and fountain mock-ups.

      https://cayman.bonfirehub.com/opportunities/33091

  4. Anonymous says:

    business as usual for the cig and the civil service.
    just another day in wonderland….zzzzz

  5. Anonymous says:

    Thanks for pointing out the public funds “Bonfire”. Is that name supposed to be ironic?

    Clearly nobody really has eyes on the award recipients, or numbers flying around…

    For example: Who owns “Off the Beaten Path Investments” trading as “CayTex Equipment & Mining Ltd”, file #TB9434B, TBL#34012, with offices at Unit 1, No.8 Captain Osmond Place off Crew Road, right across from PPM’s GT HQ?

    On January 19th, they were suspiciously awarded 10 times the dollar value of other 5 competing contractors for their 1/6th commitment representing 6,666 cu yds of quarry fill at airport.

    If it were a simple keystroke oopsy-daisy decimal error, there would have been a more plausible additional $0.30 on CayTex award:

    CayTex award = KYD$173,333.00 (4 x 3’s, and two zeros)….everybody else: KYD$17,333.33 (5 x 3’s, important decimal, and no zeros)

    It’s really hard to imagine a 10x award error being a permissible accounting accident, especially given their proximity to the PPM Headquarters. Too many coincidences.

    https://cayman.bonfirehub.com/opportunities/36840

  6. Anonymous says:

    The Cabinet ought to meet in public so people can see their business being conducted. If there is an issue of national security, lawsuit strategy or public order that needs to be discussed in private, they can clear the room and then talk in secret executive session. Otherwise, we should see and hear their “deliberations” so we can tell who is doing what and whether we will vote for them again. The law should be changed to open up the meetings for Cabinet as well as other bodies like Planning. It is bs to say that secrecy allows people to give their opinion freely without fear of consequences. If the opinion can’t be said in public, it shouldn’t get a hearing in Cabinet or the CPA. The light of day is a better disinfectant of corruption than any laws.

  7. Anonymous says:

    The public needs to see that Joey Hew persists with unpopular National eID CIG-PPP-cash debacle, even after CarePay, GasBoy, and other recent card-schemes:

    https://cayman.bonfirehub.com/opportunities/36060

  8. Anonymous says:

    Barbara needs to go.

    She did not stand up and be counted against the abuse of women, even after the abuser pleaded guilty to the abuse and attack on an innocent woman.

    How many women will have to get beat up, attacked, abused, stabbed, raped, slapped up, pushed around, or worse before Cayman politicians take it serious?

  9. Prospect voter says:

    I do not vote in GTS, but I agree with the message. More voters need to pay attention. Read the gazette, listen to Finance Committee, question our representatives. Parliament May be for a few, but safeguarding our democracy and our public purse is a job for us all.

  10. Anonymous says:

    Minister of Planning Hew kept no meeting minutes or proof of instructions for a $2m project unbelievable! He needs to go. All the miscommunication and lies will catch up with on on Election Day. He used Barabra who was dumb enough to follow so da wha she gets too!

  11. RES IPSA LOQUITUR says:

    “ This exercise shows that there are those in government who don’t want us to know what decisions are being made, and how our money is being spent. In fact, the FOI Act was amended to prevent certain disclosures which had the public’s interest as the basis for the requests.

    It is unimaginable that this would happen in a democracy. Except in the case of the interests of the security of the Cayman Islands or the United Kingdom, public safety or public order, there is no justification why full transparency should be withheld. Without transparency, back-room deals will become the norm and those who expose them will be continually targeted and discredited.”

    It is clear none of this unity government can be trusted to do the right thing. If they hide the facts or deliberately mislead us with misdirection and spin they must have reasons for such unscrupulous behavior. On the evidence presented, they are working for other special interests not the Cayman public. Thankfully, the general elections are around the corner. We must never forget their deeds, untruths, the seeds of mistrust and discontent they have sowed.

  12. Anonymous says:

    Well written Mr. Lindsay. The voters of SGT have no choice but to replace the inept MP Connolly this job is too big for her. She is easily led and lacks substance to stand up against those that are using her for their own purposes.

  13. Anonymous says:

    Alric Lindsay for GT South!

  14. Harvey says:

    Isn’t it refreshing to have someone standing up for the public? Thanks, Alric Lindsay!

  15. GT South voter says:

    Thank you Alric. You have my support and vote. Bye Babs

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