Ministers must agree with policy or resign
(CNS): A minister who is not able to support a Cabinet decision has only one option, which is to resign, according to the Cabinet Manual made public for the first time Friday. The document was released just hours after news broke that the Central Planning Authority will appeal a court decision stemming from an internal government conflict over when the National Conservation Council can direct another government entity to protect the environment.
As of Monday afternoon, neither Minister Jay Ebanks nor Premier Wayne Panton, who are responsible for the entities involved, had commented on this clash, which appears to fall foul of the concept of collective responsibility, according to the manual.
Members of the NCC and the Central Planning Authority are both appointed by the relevant ministers, Panton and Ebanks respectively, with input from their Cabinet colleagues, and both boards are tasked with delivering government policy. But when the CPA refused a directive from the NCC based on the National Conservation Act and the PACT Government’s agreed sustainability policy to protect designated areas of the environment from development, the NCC sought a judicial review.
The premier agreed to the challenge as a means of settling the dispute, which related largely to the interpretation of the law. However, the decision to appeal has now taken the CPA into a political grey area and the coincidental publication of the Cabinet Manual raises further questions about this internal government squabble over policy and the meaning of the law.
The 26-page manual outlines the procedures for conducting government business and it is the governor’s responsibility to make sure ministers abide by the rules. Section 20.1 deals with the principle of collective responsibility, which the NCC v CPA Boggy Sand case appears to challenge.
“Ministers shall be collectively responsible to the Parliament with respect to any matter for which a Minister is responsible… All Ministers are bound by the collective decision of the Cabinet and carry joint responsibility for all Government’s policies and decision.”
Section 20.2 states: “The basic requirement for the successful operation of the Constitution is that all members should work together in unity as a team… This principle of collective responsibility is
vital to the success and effectiveness of the system of Ministerial government.”
Once policy is agreed, ministers must follow along and support the decision even if they personally oppose it. “A minister who is not able to accept and support a decision taken by the Cabinet has only one option, which is to resign. Otherwise, each and every member of the Cabinet is bound to support the Cabinet’s decision in the Parliament and elsewhere, and to accept responsibility for it, once the Cabinet has made the decision.”
While it is not clear how the policy in relation to sustainability has been agreed by Cabinet, it is clear that sustainability is at the core of the PACT Government’s broad policy, and the conservation law is at the core of the policy position for the premier’s Ministry of Sustainability and Climate Resiliency.
The manual also talks about careful planning, good faith and a “no surprises” approach for Cabinet. But it seems that the decision by the CPA to appeal the court’s ruling, after the ministry had made clear the funding was available, was made public before the premier’s ministry had been informed.
“Managing the internal political consultation process is essential to the proper functioning of the Cabinet. Ministers and officials should factor the time required for consultation into their planning,” the document states in section 52.2.
The manual deals with a wide range of issues, such as how Cabinet ministers should behave after an election is called and issues of confidentiality. Work on it began in 2004 as an update to the Guide to the Operations of Executive Council, which was in effect since 1995. Categorised as a restricted document, this guide was not previously shared with the general public. But the PACT government has now replaced the 1995 guide and made the new Cabinet Manual a public document.
Governor Martyn Roper said that finalising and publishing the manual was an important step towards strengthening and upholding good governance in the Cayman Islands. Roper said that in his constitutional role as chair of Cabinet, he would work closely with the Cabinet Office to ensure that all Cabinet-related business is conducted according to the manual.
“This significant step, combined with recent decisions to publish summaries of Cabinet and National Security Council meetings, underlines the elected government’s continued commitment to transparency,” he said in a press release about the publication.
“It strengthens the Cayman Islands’ solid reputation for being a mature, well-run and stable jurisdiction, which is governed by the rule of law. The willingness to make necessary changes to our system of governance are signs of a healthy and thriving democracy, playing a crucial role in the Cayman Islands’ success story.”
Premier Wayne Panton, who played a role in working on updating the document during his first term in Cabinet between 2013-2017, said that making it public was a commitment to transparency and making good on promises to the public.
“Going public with the Cabinet Manual follows our approval of the Code of Conduct for Minsters and Members of Cabinet, as well as the publication of weekly Cabinet meeting summaries, which had remained confidential before the PACT Government,” he said. “These actions represent an unprecedented level of commitment to transparency and good governance.”
Panton added that he hoped the people of the Cayman Islands would now gain greater insight into the work of the Cabinet. The manual will remain a working document to be updated periodically as processes and procedures are improved, he added.
See the Cabinet Manual in the CNS Library.
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Competent Government is not available at this time. Sorry for the inconvenience. Prayers for the radar to work after they fix the roof.
That is a problem because of our world class civil service like many others that exists. The elected politicians are full of ego and bluster but the civil service starting at the top levels of management in the ministries is accelerating the decline of the Cayman Islands on multiple fronts. Too many excuses, cover ups and very little value for money from too many at the top of the civil service.
What they all must do have public meetings once per month with their constituents and tell them what they are doing and what they are planning too do. And allow the constituents too give their feedback and what the constituents tell them what they must do. They must not cannot go behind the constituents backs and do the opposite thing/things. Because the constituents reelected and elected them and they are receiving big fat sweet salaries. And some alot or maybe most of those same constituents are still begging, starving, suffering in every shape and form. With no disrespect While they are living large and their stomachs are bursting open from greed always over eating. With no disrespect strectching out their four years in our parliamen ignoring avoiding some or most of their constituents that got them as our MP’s and MP Minister’s
This is all they are good for BS small headlines of no substance or matter. There are MUCH MORE pressing issues facing everyone in the Cayman Islands.
Furthermore, this “code of conduct” was supposed to be ready and delivered within the first 100 days.
Why not look at the issues of cost of living and inflation heavily affecting the same ppl who elected them? I bet none of the ministers are hand-delivering envelopes like they did during campaign season now?
ALL RUBBISH
Can we have them all resign?
Please tell me what value that Manual has when certain Cabinet members go around opening bragging that they signed it without reading a single word? And the Banana Republic PACT marches on.
Single-handedly, Jay is the least educated of this bunch, so it goes without saying that his capacity to be a Minister is greatly impeded. With that being said, he is followed very closely by BB and KB in this category. When you add CS who is educated but who is employing a certain countries style of politics, we are left with 4 extremely dangerous persons. All 4 need to be dismissed from Cabinet and relegated to the backbench as a matter of utmost urgency. Wayne ole boy, swallow your pride, swallow your methodology and reach across the aisle and get help from the Opposition, less Roy McTaggart who is about as useful as 2 teats on a boar hog.
Reaching across the aisle is worse, Alden, Roy, Joey and Moses should never be in power again — they had their shot and messed up Cayman with two successive PPM-led governments.
And, Barbara and David, despite being nice and well-intended people, are absolutely useless and have nothing to contribute, other than being faithful foot-soldiers for Alden.
PACT was already formed by bringing Juliana from across the aisle initially and later Dwayne “The Brain” Seymour walked across the aisle.
Point is we’re stuck with all bad options, but working with PPM is not a solution — it’s going to make this worse, not better.
Unfortunately, the real option that, if this bunch (particularly Wayne) are determined about doing the right by the Caymanian people, the best option, at least at this point, is to call early elections.
This is getting difficult to watch MPs, on both sides of the aisle, dropping the ball miserably. We need to press the reset button early. Wayne, if you truly care about Cayman, you should call early elections.
PPM cannot ever be trusted again. In eight years they sold out this country and Caymanians to developers and special interests. Our lives are worse today because of their policies while they all got richer.
It would be easy to blow up Pact. Not so easy to replace it with anything different.
That depends who runs in the next election. If competent people, who have integrity and can work with others, are elected, then Cayman might be in good shape in due course. Party politics does not work.
I give this ‘government’ 6 months at the most. Cryin’ Bryan will push Wayne’s buttons by going off-piste whenever he wants and Wayne doesn’t have the cojones to drag him into line. Empty rhetoric. This island is f’d.
Collective responsibility??? In our current situation in which persons with criminal convictions are given powerful positions in government in exchange for their support in getting control of Cabinet, the person who actually controls this government does not sit in Cabinet.
BTW – Where is the Parliamentary Code of Conduct – could it be that the person in control of this government wants to make sure that it never sees the light of day?
Hopefully Kenny is among the bunch leaving, hoping… hoping… hoping
This mess is a result of a desperate power play by Wayne. The majority of that rag tag team that he pulled together and called PACT should never have been placed in ministerial positions. They are incapable. No education, experience or commonsense has to bring disaster.
Power play by Wayne but on instruction from good ole Mac.
Better than PPM regaining power.
Welcome to Pyongyang
More like taking a page from the U.S. playbook — you disagree with the administration, you are sidelined. Or worse.
CNS: Less hysterical than Pyongyang but still wrong. It’s the Westminster system. Read more here.
“Collective responsibility has two main components. First, the principle that ministers should be able to have free and frank discussions prior to coming to a collective decision, and that these discussions should remain confidential. Second, that once a position has been agreed in cabinet, all ministers are expected to abide by that position and vote with the government, or else resign from office.”
2.45 Never heard of it, is that in West Bay?.
Whatever happened to separation of powers?
They are still here, just not always complied with.
It has never existed here and never will. Law, Politics and the Church have 3somes on everything.
Look at what happens in Cayman on Sunday ffs.
Translation: Wokeism is the only requirement. Independent thought prohibited.
What is wokeism, and what does it have to do with anything in this article? Are you ok?
Can we get Jon-Jon’s translation instead?
I look forward to the mandated resignations… Waiting,…waiting,…waiting…
Well that sounds like superb governing methodology – agree with me as i jump off this cliff or you must stay there at the top and watch me fall.
FFS…surrounding yourself with ‘yes-men’ leads to ruin. Look at the development in Cayman in past 20 years. Look at the Iraq War. Look at Covid FFS.
its always good to have and hear contrary views, the answer usually lies somewhere in between the extremes.
The reason that Panton did not do what he as leader should do and get his cabinet to resolve the issue is the very fact that Panton would need to go through cabinet to do it. He knows that the PACTless Clown Car that he patched together with chewing gum and silly hopes would push back, collective responsibility would collapse and the Panton-PACTless Clown Car would run off the cliff. New elections would be the ultimate result and Panton would be most likely be relegated to the back bench. Scared spitless of loosing his position of power (true power Panton never had because his ministers have him by the short hairs) Panton did the cowardly thing and allowed it to be punted to the courts.
Correct. It should have been sorted by Cabinet.
Who wouldn’t want all the Ministers to be in agreement on a policy? I’d rather have unity in Govenrment than discord.
I am George Ebanks, not George R. Ebanks of Newlands as he points out. Why cannot my name be fully displayed? Should I not even bother posting a name?
CNS: Could you add a middle name or a middle initial or indicate which district you live in, something to distinguish you from other George Ebanks?
Sure!
Does the Manual say they all have to declare their true assets and not place them in the names of family members and declare nothing?.Does the Manual say they are not allowed to pay constituents for their votes. Does the Manual set a minimum attendance in Parliament and require all M.P’s to publish their individual attendance records.Does the Manual require all expense records including those on overseas trips be made available to the public?. Just a few questions there will be many more.
What about the Minister for BTW saying his constituency’s
Office is in his house. Shouldn’t he have an office in a suitable location? Why his house? So, he collects his monthly office allowance in his bank account. A perfect representative of the people..
He has never operated an office but always collected the money, and you would never guess who his employed assistant in BTW is !!??
Bye bye Jay and hopefully Eric Bush too like a previous poster had stated. Amazing the things these people are able to get away with.
More like bye bye Wayne, or bye bye PACT followed by a PPM government with the same speaker, Minister of Tourism and deputy Premier.
Lining up the cabinet to hand over sovereignty to #UN2030 and the Great Reset along with the eco-zealots ruling and controlling development via the NCC, it is sad watching the government of your country lose its governance, all well-planned and executed coop.
Coup, you mean,,,,,?
Loma I hope so
The meaning of COOP is a cage or small enclosure (as for poultry); also : a small building for housing poultry.
CPA is effectively a private body protecting the interest of its members and their network. It’s not about the effective and sustainable development of Cayman. It’s about lining pockets and making sure the right people get a slice of the pie.
You think that our Premier is sleeping …guess again.
JR
No, he isn’t sleeping, he is surrounded by wolves, who are power hungry.
Get used to it. Caymanian style leadership is part of Cayman and will never change.
If there no respect within the group especially respect for the leader the cabinet manual is just words on pages. The title of Premier, Deputy Premier or Cabinet Minister is meaningless if your actions, thoughts and decision making abilities do not reflect mutual respect, competence, integrity, professionalism and understanding that you are expected to govern in the best interests of the majority and the Cayman Islands.
Well said.
So if we – the people – elect someone, the other elected can throw them out?
You didn’t elect anyone. Like everyone else, you cast a single vote for somebody.
Most people do not understand the difference between elected and the single vote.
No they cannot kick them out of elected office, but they can be removed from appointed office such as cabinet minister. We didn’t vote the cabinet in that was done by the Parliament members.
Need 14 MPs to remove Premier. It would require making a deal with the Opposition MPs.
Whut? If the government can’t muster a simple majority, it’s general election time. That’s less than 14 votes.
Apparently so?
So a Member disagrees as it goes against his / his constituents views/reasons for voting them in/law/regulations and the other Members can then throw them out.
Welcome to Cayman.
This place is heading towards what we see in other countries when Govt step out of line, the people bear the brunt of all their decisions and the straw breaks the camels back.
Enough is enough.
The other members can vote them out Cabinet- I can’t believe you didn’t know that. Are you new to politics or recently arrived to our fair shores?
Of cabinet, yes they will still be your representative. We don’t elect ministers…
No. It means they will no longer be a Minister, but they will still be your representative.
I don’t think you quite get the point of this article and collective responsibility.
lead or leave Panton
You mean comply or cry Jay. Leadership is not the problem. The problem is with Ministers and abuse of power due to ignorance and or McKeeva pulling strings behind the scenes. Jay fooled some but not all and the NHDT fiasco continues. They don’t understand the words corporate governance. Unfortunately, the average Joe doesn’t understand the reputational harm and all will be forgiven during the campaign season when the brown paper bags come out for the money votes.
I actually feel sorry for him. Obviously he had no idea who he was hitching his carriage to. Apparently they used him to get elected, got the benefits of his funds and looks like they couldn’t wait to takeover. Wayne that is what happens when you only have one objective in mind. Hate to say it but “I told you so”. You now have one option, get rid of the big trouble maker or they will get rid of you.
You think that Wayne didn’t know he was being used and encouraged it so everyone felt obligated to him ? He has nothing to offer but wads of cash!!!
How is the appeal a grey area? It is the same as the initial case- a matter of clarifying the law before a higher more experienced court less prone to any political interference.
Rock paper scissors and be done with it!!!
Lord of the flies Cayman style
What are the odds this gov’t lasts until this time next year?
It’s a beautiful document, but I don’t see any signatures on it.
In case anyone missed the point! There is a reason why this has been released now. Wayne is sending Jay a strong message… watch this space closely
Eric Bush is right up in the middle of another high profile mess. Everything he is involved in or touches seems to turn into a lot of expensive crap.
https://caymannewsservice.com/2022/09/cpa-will-appeal-boggy-sand-judicial-review-ruling/
“The minutes also say that the CPA was advised by Planning Director Haroon Pandohie that confirmation was received from Planning Ministry Chief Officer Eric Bush “that sufficient funding was available to progress the appeal, if the CPA was so minded”.
Freemasonary seems to give some members more than nine lives.
“The strength of Freemasonry is in its loyalty to each other.” – Vasilios Karpos
https://cnslibrary.com/wp-content/uploads/Masonic-Lodge-2015_JULY_newsletter-Alden-McLaughlin-welcomed-as-new-Master-Mason.pdf
Setting aside freemasonry for a moment, if confirmation was received from Planning Ministry Chief Officer Eric Bush “that sufficient funding was available to progress the appeal, if the CPA was so minded”, then that obviously came because of a directive from the Minister for Planning to determine if there were funds available.
When I see civil servants’ driveways being paved by NRA staff, civil servants family getting no-bid contracts, and government material being diverted to civil servants’ family land etc. etc. etc. then I too will join in pointing the finger at the civil service.
Loyalty to Lodge brethren over all others, which transcends county/jurisdictional boundaries can pose a real risk of treason or espionage depending on that person’s position in society.
I am missing the loyalty to each other here. Wayne is a Mason and Eric is a Mason, but you are implying that Eric went behind Wayne’s back to fund the appeal. What exactly is the Ex-Master Mason trying to say?
NONE of them know the law nor have a clue! One of only 2 lawyers in Cabinet practised for perhaps 2 decades..in corporate law. The other…practised(?). As for ANY of the rest, they can barely read! And don’t say they have the Atty Gen’s Office to advise them. They DO NOT know intricate or perhaps basic Constitutional law. Long-serving cobweb like McKeeva barely knows or respects constitutional procedures, let alone law and he is Minister Jay’s primary advisor! Then, on top of that they want to ditch Wayne.
It is fundamental that one’s “leaders” know how to lead! No one in Cabinet knows how! Wayne was the only hope in PACT but he’s a lame duck now.
I really wonder what HE reports to London every week..and how it’s received?
Monty Python’s Flying Circus!
No, I take that back. Those guys were Cantab type. But it’s a good moniker for our Government!
AG not much help. Nice guy though. Not a superb lawyer.
“It strengthens the Cayman Islands’ solid reputation for being a mature, well-run and stable jurisdiction”
Well that’s the biggest laugh I have had in a long while. The Civil Servants (at least the ones I have dealt with) have been pretty damn good. The politicians on the other hand leave them all hung out to dry.
Every politician on this island is 100% vulnerable to what can only be described as systemic corruption and ignorance is not an excuse.
We can see it every single day in every other jurisdiction in the region, the results of small voter bases, partisan politics and big fish, small pond syndrome.
The only thing that prevents a Haiti style complete meltdown is the risk that our wet lettuce Governor may step in and that will be embarrassing for our Sunday League politicians. But as we can see elsewhere in T&C and BVI, even the threat of the Motherland isn’t enough to keep the pigs out of the trough most of the time.
Let’s see some real politicians that make big decisions. That own their mistakes. That really put their reputation on the line. It’s rare enough in any country, but here it’s basically a fairy-tale as when your voters are your church friends and long time neighbours, it turns out most of politicians are nothing more than lame ducks in a dead lake.
But don’t worry, 450 to the civil servants will cover the damage. Home rule urgently. Lets get the mandarins in charge, people with experience running something the size of a small town because our politicians, absolutely do not.
Fin.
‘Wet lettuce Governor’ – not really PC for our lettuce population 8:19 especially if mocking them caught in precipitation but I get what you mean.
So out of the 11 member majority, if 6 of them agree then the other 5 must also agree. After that, the minority party will always lose by definition. So basically 6 people run the entire country.
Even 6 people is too much for this Island. Jesus, one guy with half a brain cell would be good..
We should just sack the entire political class off and employ one FTSE CEO or top CEO and see how they get on.
Probably do a better job than the compromised Jamrock politicians and by probably, I mean, certainly. Imagine celebrating Jamaican independence day as a politician in one of the few remaining colonial frontiers! LMAO. Talk about having their cake and eating it – I celebrate your journey but no chance i’m willing to risk our people for the same freedom”
“Don’t worry Jamaicans that earn literally wages below anything liveable, we’re just like you. We import you all on next to nothing, do nothing to protect you but we sing your anthem”.
Cracks me right up. And I bet non of these politicians would have a confident answer when challenged with the nonsense.
6 is much better than when the country is ruled by one person as Alden and McKeeva did when they were the one person dictatorship governance.
11:44pm. Say it loud. The Devils in disguise. Which hell is hotter than Hell?
Baloney. assuming the minority 5 don’t like the decision, they can resign office or even switch sides. then the parliament comprises a majority opposition which can then frustrate all further minority cabinet proposals.
8 people make up Cabinet not 6. Bear in mind they may all not agree on everything which is normal but you cannot have rogue members of Cabinet holding the country hostage. That would be disaster and I’m starting to see elements of that already! Collective responsibility is a feature of Cabinet the world over it’s not a Caymanian thing! It exists for a reason and we have always relied on it to keep the Government working properly. If that fails we have a breakdown in democracy and it will impact us at all levels. Cabinet ministers have been entrusted with powerful responsibilities and this is what keeps them in check. If we lose that we are in trouble.
Is this comment about CIG or CPA? Because as far as I understand, that’s already how CPA works; majority (6) wins despite the publics’ sentiment that all members should be held personally liable for decisions the public doesn’t like.
No, because a majority of 11 would agree. If the ‘other 5’ can’t support their own party/coalition then they could form a majority government with the remaining minority party/parties. The concept of Collective Responsibility has been around for a very long time, although it doesn’t always work well for smaller Parliaments with fewer members/ministers.
I mean, technically there are only 8 elected Ministers who ‘run’ the country. In practice, the country is ‘run’ by a whole host of people: government, parliament, judiciary. They all keeps checks and balances on each other.
If the cabinet was made up of members of a disciplined and well run party then there would already be a harmony in support of most policies as outlined in the election campaign. The current cabinet makeup is exactly the opposite of this and so should not be a surprise that under the pressure of running the country that there is major conflict and discord.
This is positive… If only it is adhered to……… Not convinced it will be.
Credit to PACT for this. Sir Alden has got to be concerned.
AG too.
Alden is doing all he can to destroy the PACT government.
Alden and McKeeva Bush hates the transparency of the PACT government.
How is this Alden’s fault? They are destroying themselves by their in- fighting. Too many chiefs and no Indians. They don’t have a commulative number of brain cells to realize they are being destroyed from within.
PACT is only transparent in as much as anybody can see through them.
Sir Alden fully understands “collective responsibility”.
Nothing new here, a basic principle in any “parliamentary democracy”.
Has something changed? I thought collective responsibility was always the hallmark of Cabinet..
Still is a constitutional obligation.
I think PACT is at long last establishing consistency, – they’ve deserted the Ministerial Code of Conduct, so why all the fuss for why should this be any different ?
Well played…
This should have been done from the start! Weak leadership allows the breaking of rules and we clearly have a weak leader!
Bye Kenny!
Don’t forget Jay-bird on your way out!
More like bye Jay. Wasn’t he the one on Marl Road recently declaring his support for the CPA to appeal the court decision?
Waiting for his final self-destruct act.
If only it was that simple!
“Bye Kenny” is a hope and a dream ..shared by many.