Premier dismisses legal warnings
(CNS): Premier Alden McLaughlin has dismissed the legal opinion by a leading expert on public policy law provided to the Cayman Islands Government ahead of today’s Legislative Assembly debate on the bill for the port referendum. The campaigners who secured the people’s vote have asked the CIG to amend the draft law to bring it in line with the Constitution, global best practice and a fair environment for the campaign. But McLaughlin said that he was satisfied the process was “fair and proper in every respect”.
In a statement responding to the opinion, instead of addressing many of the shortcomings and problems surrounding the question, campaign finance and the flaws in the legislation, he blamed the campaigners.
McLaughlin said they were not interested in the referendum, set just six days before Christmas, but were “intent on derailing” the project “by any means possible, including frustrating it by delay” because they were afraid of losing.
Given the high bar set for a people-initiated referendum in the Constitution, together with the wording of the question, the date of the poll and the government’s massive campaign finance advantage, it may be a challenge for the activists opposing the project to reach the number required to make the vote binding.
However, there is no doubt that they will secure a simple majority.
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A breakdown of the petition showing how many people signed the document and in which constituencies revealed that 36% of registered voters in the premier’s constituency of Red Bay signed it — the second highest participation of all the constituencies. The only constituency where more people signed was George Town East, which is represented by Finance Minister Roy McTaggart.
Nevertheless, in the statement from his office issued on Sunday, McLaughlin appeared determined not to given an inch to campaigners. He said government would “not allow” those opposing the cruise berthing project to derail the plans, as he challenged CPR to bring on the legal fight.
“If CPR really believes it has a legitimate challenge to the process being followed by the government, it should immediately apply to the court for leave for judicial review and have the matter adjudicated by the court rather than debated in the media,” he added.
The premier claimed that in setting the referendum question, the Cabinet “had followed several common sense and natural justice principles”, claiming that it was neutral, despite the use of words such as “enhanced”, and the inclusion of the cargo question, which was not part of the petition.
The premier made no mention of any of the other points in the legal opinion, particularly the issue of campaign finance. This is becoming a major issues, given the extent to which government has already spent public cash on the campaign and the fact that there is nothing in the draft bill about how much each side can spend on the project or to prevent government from using taxpayer dollars to dissuade people from coming out to vote.
In response to the premier’s dismissal of the legal opinion posted on CNS on Sunday, Johann Moxam, one of the campaigners, said that the referendum on the cruise berthing facility (CBF) will go ahead because of the brave Caymanians who signed the petition.
“All Caymanians have wanted is their chance to vote on the proposed CBF project armed with the truth, the facts, all the updated and relevant information… which CIG is unwilling to provide,” he said. “We will not be distracted by the comments of the premier that are consistently factually incorrect. Much like their PR campaign, they’re intended to misled the public.”
Moxam said the premier’s response to the legal concerns and flaws with the process was “full of the typical bravado from an individual disconnected and out of touch” with the voters who have driven Cayman’s historic people-initiated referendum.
He said that CPR would take the relevant steps to achieve their objectives, based on consultation within the team, as well as with legal counsel, volunteers and the voters who are represented by these efforts.
“If the premier had demonstrated any humility and was prepared to engage in professional, mature and respectful discourse with the public, including CPR, his government would not be facing Cayman’s first people-initiated referendum,” he said.
Moxam noted that the campaigners had written to the premier and Cabinet on seven occasions in an effort to engage with them, but have yet to receive a response.
To date, CPR Cayman has not received a reply, or even a formal acknowledgment, to any of their correspondence from the premier or the Government of National Unity Cabinet members.
The debate on the bill providing for the people-initiated referendum regarding the port will take place in the Legislative Assembly today, 28 October. It will be broadcast live on CIGTV, Radio Cayman and on the CIGTV YouTube channel.
See the legal opinion and premier’s statement in the CNS Library
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Category: development, Local News, Politics
The only thing missing in that picture are the strings Moses is pulling to make his puppet Alden talk!
Please leave Ms. Rivers out of this.
She is no different..masquerading as an independent but secretly wearing her PPM red….No backbone! Why doesn’t she ask that all members be removed from collective responsibility so that they can vote their minds..There are none so blind as those who refuse to see..
Alden has become McKeeva incarnate…
Alden McBush? That seems appropriate!
Only difference is when McKeeva sold out Cayman at least we got something useful out of it i.e. Camana Bay
The question should read….. Do you agree that Government should stop all work on the CBF as requested by CPR. ? YES ..if you want it stopped; NO.. if you do not wish to see it stopped. SImple. Totally in line with the wishes of CPR.
Where are the independents?
Why are they so quiet and not opposing or speaking up?
If they support it, say so.
If they don’t, speak up!
You all were not elected to just be puppets to a dictator. Ask your people and support their voice.
I am referencing the ones that joined the PPM party wagon!
5:23 who told you independents are independents?
I heard it independently.
I still remember Alden’s unfettered and xenophobic promotion of rollover some years ago. He got that wrong and was forced to back down so why should we have any confidence in him now? Back in 2007 he was one of the MLAs who tried to kill off the RCIPS air support unit. He also (although I will concede he may have got this right) headed moves in the LA to kill off Operation Tempura. The reality here is there are too many vested interests pulling the strings in this to take anyone in government at face value.
While not wishing to point a finger at anyone in particular I reckon there are more than a few people on these islands who are set to make so much money out of this project they regard it as little more than their retirement plan.
The Port issue is a mere symptom of a faulty decision-making paradigm that the Cayman Islands has quietly embraced to represent the thinnest possible veneer of democracy over the last 3 decades. There are certain main characters behind it, still in the mix.
The result is that we have a corruption-prone caucus-based form of authoritarianism where the voter’s opinion, or that of debate in the LA, no longer seems to matter. The opposition is not allowed to shadow the CIG (ie. work for the public for 4 years). Most of the Bills are discussed and signed in private Caucus and just brought to LA for a procedural rubber stamp. Why have an LA at all? Why have that building? This is exactly why there are no Standards in Public Life, despite being stipulated under section 117 of Constitution, which created a full-time SIPL Commission to monitor that information SINCE 2009! Ten years ago!
What we actually need to do is: Petition the Governor to enact the current thoroughly-revised SIPL Law retroactively to 2017, change second passport/Caymanian granny clause in Constitution, and dissolve LA and call early elections for Apr/May 2020. Then the AG, ACC, or a “Helen Garlick” from FCO can get to work and make some example arrests where necessary. When the lights get switched on, all the roaches scatter and we can focus on bringing clean people to the LA, and celebrate the game being over for the experienced crooks, their developer friends, and their authoritarian style of ram-rod governance.
Was listening to the Premier speech earlier and it reminded me of something that the Democrats in the USA! Factually incorrect, full of misrepresentations, hoarding information, spreading propaganda, think he is fooling the illiterates, holding back good legal and ethical processes etc, etc, etc to benefit a few friends, supporters and family!
It wasn’t too long ago The shoe was on the other foot and Mac was exposed and brought down from his high horses as Premier!
CAYMANIAN PEOPLE REMEMBER ALDEN OPPOSED THE BUILDING OF THE CRUISE PIERS IN 2011/12 and triggered a NO confidence vote against MacKeeva that was successful!
There are more questions than answers available! Who owns Verdant Isles?
3:05 those days are behind, think ahead!
Forgive him Lord, for he knows not how to think.
Or speak.
What is hard to believe is that the speaker of the house is also pro port instead of holding neutral ground, so while Alden is making his points in the debate for the speaker no correction will be made as they both are in on this port. It’s such a biased affair and if people can’t put two and two together to see how XXXX they are then shit we all doomed. I suggest we all gather on referendum day and give Alden his miracle of an early retirement.
Vote NO!!!
Alden sounding more like McKeeva eryday
Thanks for setting the record straight Mr. Moxam.
How does the Premier think it is acceptable or respectful to ignore seven letters from persons on this matter particularly a group like CPR?
Typical. Oh look at me! I’m the Premier! I can do whatever I want and ignore any and all opinions of people who know more about something than I do because I’m Alden the Premier!
And on that note we all need to VOTE NO and dismiss the premier!
1:19 it wont be WE ALL!
Alden deluding the entire island in a veil of illusion.
Port is nothing compared to what happens behind close doors.
Every country has protests, Cayman doesn’t protest in streets we just have carnival and ‘bataBaboons’ is the only value we bring to the streets, plus traffic and dangerous driving and lack of public transportation.
Spoken from a true Cayman Kind Hooman.
The Premier should perhaps reflect on the wider implications for the Cayman Islands’ financial services industry of the Government being seen to adopt a cavalier attitude to the law
If you’re referring to Tara’s latest antics, although she’s not alone, yes she or they are showing a true lack of ability to grasp facts and see the big picture right now, and it’s mostly going unreported. Hopefully the Gov’t is going to see sense and act on the consensus industry recommendations. Otherwise this island’s economy is in serious jeopardy.
Alden McLaughlin has evolved into the PPM’s version of the UDP’s McKeeva Bush right before my eyes
That isxwhat happens when you make a deal with the devil
Mr. Premier please just go away and take McKeeva Moses Juliana Tara Joey Roy Dwayne David Barbara and Austin with you for love of country
12:08 and replace with ………..!
Smart, honest people.
10:22 from where?
There are smart, honest Caymanians who could do this, they just have to decide to run.
From a newly formed Green Party led by the Caymanian younger generation as the older political generation has sold out Caymanian youth.
With every public utterance by Alden Moses and McKeeva it drives more people to vote no against the port and this government on referendum day.
Another example of Alden being the a$$hole he’s always been. He always has to the smartest guy in the room full
Well, come what may! I know very little about the facts , those for government and against government. So I’m not voting. I’m staying out of it.
Pathetic.
dear Sir/ madam
this is the wrong attitude.
if you do in fact vote No now then you will have a chance to vote yes later when you do have the facts.
however if this goes through then you wont be able to take it back.
11:54 you wont be staying out of it you are voting YES!
Except by not voting you are counted as a yes vote
So you are voting YES! Alden will love you..Don’t waste your vote, get out and vote. Either way it is your right..We all want more facts which make it that so much more important..
And in doing so asshole, you will be supporting the port because of the way Alden is rigging the elections. Think carefully about your future and that of future generations, turn up and vote NO.
Who in their right frame of mind would give Alden $200M to spend on a port…Does the Clifton Hunter, the left undone John Gray High School and the no fit for purpose overbudgeted airport, ring any bells??
It’s a witch hunt! But seriously Aldart isn’t even trying to hide his conflicted self interest anymore.
Alden is such a snake in the grass..doesn’t he realize that these same people that he is running down could very well be his voters in 2020..I’m so disappointed in this entire government..
Hoping to get my bush broom out for the next election…
11:23 .if you looking brooms ,,,,I can tell ye Donna Bryan can make some good ones ,I gine see if she will get me a good one,,,yea man .
Can anyone tell me if Kenneth Bryan FLYING SOLO AGAIN!
He’s flying solo and he’s flying high!
I got plenty up here in Bodden Town and I’m starting sweeping with John John…He was a waste of my vote..Never again!