Register of Interests online but not public

(CNS): Public officials who are obligated to declared their interest, such as politicians, senior civil servants and members of statutory boards, are being offered an option to file their information for the register online. However, the public must still make an appointment with the Commission for Standards in Public Life (CSPL) to view the dozens of files that reveal the details, and potential conflicts of interest, of those in public life who are making decisions that impact all Cayman residents.

A release from the CSPL explained that in 2020 the commission received the first filings of annual declarations for submission to the Register of Interests in accordance with the new Standards in Public Life Act. Following receipt of these declarations the CSPL embarked on the development of a system to allow for the electronic filing of annual declaration forms by Persons in Public Life.

The new portal will go live on 1 July, which means that declarations for the period ending 30 June 2021 can be submitted via the online portal, using an existing CIGNET account or one that is created for this purpose.

This allows users to securely register personal details, including the uploading of a current government-issued ID, and submit relevant forms. The portal features convenient functionalities such as auto-save, automatic email confirmations, the ability to update your declarations as needed, the ability to copy information from one reporting period to the next. Users will also be able to view all previously submitted declarations in one location.

The portal was developed by the commission in partnership with the Computer Services Department and vetted for optimal security. Data will be stored in accordance with the principles of the Data Protection Act.

However, the data will not be available online to everyone and officials confirmed to CNS last week that the only way the public can see the important information is to go to their offices, Monday to Friday between 8:30am and 4:30pm, where they can view the files in a designated conference room. 

“At this time all declarations are filed in binders in alphabetical order,” officials stated. “Persons viewing the register will also have to sign in and agree to the inspection policy. When the new online filings are done, viewing/inspection of the register will still take place at the Commissions Secretariat offices, as required by the Standards in Public Life Regulations, via a dedicated computer with secure access to the portal database. In accordance with the Regulations, a person who is inspecting the register cannot take photographs, make photocopies, scan, video record or otherwise reproduce any part of the register.”

Everyone who is considered a person in public life is required by law to make a submission by no later than 30 July 2021, declaring interests, income, assets and liabilities, in accordance with the Act, for the annual period ending 30 June 2021.

Those unable to complete their declarations online can complete the recently updated PDF Declaration Forms by contacting the Commission at 244-3685 or info@standardsinpubliclifecommission.ky.

The following are required to submit annual declarations using Schedule 1:

• Members of Parliament, including the Speaker.
• Chief Officers and Deputy Chief Officers.
• Chief Financial Officers and Deputy Chief Financial Officers.
• Heads of departments, sections or units and their deputies, as well as any other organised entity within a ministry or portfolio, statutory authority, statutory body, government company, department, section or unit and their deputies.
• Chief executives of statutory authorities, government companies and their deputies.
• A person holding a full-time or part-time position in a public authority who engages in an activity that is in conflict, is likely to conflict, or may be perceived to conflict with, his position in a public authority.

The following are required to submit annual declarations using Schedule 2:

• Members of governing bodies of statutory authorities.
• Members of governing bodies of government companies.
• Members of all Commissions created by or under the Constitution.

While the public may still have to attend the CSPL offices in person to see the interest of public officials in key roles, the Constitutional Commission has added new information to its website for public access. The historical timeline, which tracks the development of the Cayman Islands Constitution now includes details of the recent constitutional amendments. It has also been transformed into an interactive, online digital resource, which can be accessed for teaching purposes.

A new explanatory note has also been added, which uses the Day and Bodden Bush litigation as a vehicle to highlight the operation of various aspects of the Constitution, including the function of appellate courts and their role in analysing important constitutional issues, the interplay between the judicial and legislative branches of government, particularly in connection with the protection and enforcement of fundamental human rights, and the use of the governor’s reserve legislative powers, which, following the enactment of the Civil Partnership Act, were not removed from the Constitution as had previously been proposed.