Search Results for 'no confidence'

No confidence vote planned

No confidence vote planned

| 24/04/2012 | 116 Comments

aldnezz (232x300).jpg(CNS): The opposition and independent member today called once again for the premier to step aside until the various police investigations surrounding him have concluded. Alden McLaughlin and Ezzard Miller said Monday that they want to see the premier resign by Thursday of this week, otherwise they will file a 'no confidence' motion in the Legislative Assembly on Friday, where they will demand to be able to debate the situation. The two men called on the UDP members to put the country first and ask Premier McKeeva Bush to step down until the police probes are concluded as the current situation was untenable.

In the face of a defiant position from the premier, who issued a statement on Sunday saying he would not resign as he’d done nothing wrong, the opposition leader said that in no democratic country he was aware of would this situation be allowed to continue.

McLaughlin was speaking at a PPM press briefing on Monday lunchtime called in the wake of revelations that the premier was the subject of three police investigations – two regarding financial irregularities and the third was in connection with a recent unlicensed shipment of dynamite.

But in the face of Bush’s reluctance to voluntarily do the right thing, the opposition leader called on the other members of government and UDP party members to ask him to step aside and elect another member to take up the post of premier.

“McKeeva Bush continuing in office as premier of the Cayman Islands is untenable,” McLaughlin said. “We call on all of the right thinking members of his administration and his party to exert whatever pressure is necessary on Mr Bush to have him do the right thing by the country. His continuing in office under the weight of these criminal investigations is not only a disservice to the country but it is doing actual harm to the reputation of this jurisdiction.”

He invited cabinet members and backbenchers to insist that he steps down and allows the deputy premier or whoever else to take the reins of office until the matters are concluded, and it need not be a constitutional crisis.

He said the PPM and Miller had drafted a lack of confidence motion ready to file on Friday if he did not step down.  He said that just because government had the numbers did not mean the lack of confidence motion was futile as it was a free vote and the UDP members would need to search their conscience and ask themselves if they could continue to support him staying in office.

“We are going to prevail upon their right mindedness, their professed love of this country and their wish that the country is held by someone with integrity as a basis for breaking party line and voting with conscience.”

McLaughlin said they would be prevailing on the speaker of the Legislative Assembly to ensure that the motion was the first piece of business when the House returns on 9 May. If it was not, he said, the opposition would not participate in any of the proceedings until the motion was on the floor of the chamber.

McLaughlin stated that the options open to the opposition were quite limited and the 'no confidence' motion was one of the few they had. He felt the opposition had a duty to the country to use whatever mechanisms open to them to try and address the issue.

“We can’t just sit on our hands,” McLaughlin said, despite the challenges the opposition will face getting the motion to the Legislative Assembly. “We have got to do whatever it is that we believe is right to bring attention to this issue and to get the attention of all those who matter, including the FCO.”

Miller added that he intended to boycott the opening session of the Legislative Assembly on the day to show his disgust and he invited the public to join him in protest on that day.

The independent member said he believed that one of the main issues regarding the situation was that the premier clinging onto office was undermining the progress of the investigation.

“I don’t share the confidence that his supporters have that he will not attempt to interfere with the process. I believe the very nature of the premier, his modus operandi and the way he promotes fear and intimidation will in itself, for as long as he remains in office, be detrimental to the investigation.”

He said it was an international embarrassment for the country to have a premier under investigation for three separate matters and that the best and least risk to the constitution would be for the UDP to follow their own party constitution and elect a replacement for him among the party membership.

See related stories:

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Vote in CNS poll: In light of the revelations that Mckeeva Bush is the centre of 3 police-investigations should he step down as premier?

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LA back with ‘no confidence’

LA back with ‘no confidence’

| 07/09/2011 | 47 Comments

(CNS): Legislators will return to the country’s parliament this morning (Wednesday 7 September) where elected officials will finally be debating the much anticipated ‘no confidence motion’ in government filed by the opposition in April. The private member's bill, which has been moved by Opposition Leader Alden McLaughlin and seconded by the member for East End his party colleague, Arden McLean, is unlikely to pass but the PPM leader is hoping that it will at least force the government members as well as the premier to defend some of the more controversial moves of the UDP Administration.

There are 24 points listed on the motion but McLaughlin said recently that there are many more that could be added as to why the parliament should have no confidence in government. Since the motion was filed, the governor has revealed that the premier is at the heart of a police investigation into “financial irregularities" concerning correspondence that has come to light between McKeeva Bush and developer Stan Thomas back in 2004.

The fax was sent from Bush’s former ministry when he was leader of government business in 2004 during the previous UDP administration on Windsor Development headed paper. The letter asks the Texan land owner for $350,000 in connection with the re-zoning of land he had purchased along Seven Mile Road. The official paper trail has revealed that Windsor Development was not involved in the re-zoning application. Although the premier has made some references to the letter, referring to it as a real estate bill, he has made no official statement about the investigation.

Despite the public revelations of the police probe, the premier has remained in office and continues to be publicly supported by his cabinet and back bench colleagues.

Although the opposition and Ezzard Miller, the independent member from North Side who also supports the private members motion, are hoping that two of the UDP members will join them in their lack of confidence, the main purpose is to open a debate in the Legislative Assembly about the government’s record in office and have them answer some of the accusations made by the opposition about how they are failing the people.

There are no new pieces of legislation on the order paper for Wednesday but more than two dozen annual reports and financial statements from the backlog of public accounts in ministries and statutory authorities are also listed to be presented.

Check back to CNS later today for coverage from the proceedings.

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No confidence motion ignored

No confidence motion ignored

| 19/08/2011 | 110 Comments

(CNS): Almost four months after it was handed to the speaker of the country’s parliament, the opposition leader reminded the country yesterday that the government has still not addressed the ‘no confidence’ motion filed in April.  Alden McLaughlin said that along with more than 30 unanswered parliamentary questions submitted by the opposition on behalf of their constituents that have been ignored by the government, there were also seven different private members motions outstanding, including the motion that asks government to debate its performance so far.  In the private member’s paper McLaughlin had listed 24 reasons why the Legislative Assembly should declare a lack of confidence in the government, but not surprisingly it has chosen not to take it on.

Speaking at a press conference on Thursday relating to accusations made by the independent member and the opposition about the premier’s persistent abuse of power in regard to the Legislative Assembly, McLaughlin noted that this motion was one of many ignored by the government.

However, McLaughlin said that the premier may already regret having pushed the document aside considering the revelations since the motion was filed. The private members motion was originally designed to force the government to justify and account for the numerous things that it has been doing since coming to office which have not been well received by the broader public and to test the support of McKeeva Bush and his Cabinet and all members of the legislature.

The motion had pointed to a range of issues, from overriding the legitimate decisions of the Central Tenders Committee and ignoring public demands for one person-one vote to his handling of project proposals without proper studies, while failing to get the cruise berthing facilities underway and his extensive travelling.

However, since the motion was filed, Governor Duncan Taylor has revealed that the premier is currently the subject of a police investigation into “financial irregularities” in connection with a letter, or invoice, sent to former Cayman landowner Stan Thomas in October 2004 requesting $350,000 in connection with a re-zoning matter. The premier has not formerly addressed these accusations or mentioned the investigation in the LA. Despite calls for his, at least temporary, resignation until the issue is resolved, the premier shows no sign of stepping aside.

“We know that the government has issues and does not want to debate this no confidence motion but by pushing it aside the premier has let things get a lot worse,” McLaughlin pointed out. “With every passing day there are some other reasons why people should have no confidence in the current government.”

The opposition leader also pointed to the motion submitted for debate about a strategic plan to address the short and medium term issues of the current crime wave, which the premier has also continued to ignore. McLaughlin emphasised the dangerous significance of the premier’s behaviour when it came to his abuse of the rules, given he has all of the power.

The former leader of the opposition, Kurt Tibbetts, noted that the House had been adjourned sine die seven times since May and that once it meets again in September, if it meets then, this current meeting will have lasted for well over 100 days, a nd yet the physical time spent in the chamber was less than ten days. He warned that this sort of abuse by the leader of the country set a bad example to the public at large and was reflected back by the current mood and frustrations of the community.

Ezzard Miller said that the people were being tremendously disadvantage by the premier’s refusal to follow the proper rules and said that they had to put a stop to it. “We needed to tell the people how bad the situation is and raise public concern,” Miller added as he and the opposition members implored the people of Cayman to contact their government representatives and impress upon them the need to follow parliamentary rules and debate the outstanding motions.

See no confidence motion and letter at heart of police investigation below

Vote in CNS pollDoes McKeeva Bush's performance as premier match your expectations?

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No confidence

No confidence

| 01/05/2011 | 31 Comments

The country has lost confidence in Mr Bush and the UDP Government. Even those who voted for him at the last election realize that he is failing the country. Some of his ex-supporters criticise him openly. Those who want to speak out on his behalf can find nothing good to say about his achievements, so they rant against his critics and opponents.

In this time of global economic crisis leading to global unrest, all countries have great need of wise democratic leadership. Many countries that lack such leadership are already suffering terribly, both internally and externally, and it will be years before they recover. In Cayman we have the same need for wise democratic leadership, but the last two years have been a sustained demonstration of unwise undemocratic government.

For a while it was right to give the new government a chance, though some of us thought we knew what to expect. But nowit is frighteningly clear that this government is taking the country down the wrong road. There is no longer a rational basis for thinking it may get better.

After the 2009 election voters hoped that Mr Bush would fix our economic troubles. That was the big election issue. He had blamed our troubles on the previous Government, and said that he was the man to fix them. Many were taken in. They wanted to believe that there was an easy answer to Cayman’s troubles, and they were willing to give Mr Bush a shot at it. But they have been sadly disappointed. He has done nothing. No one feels better off. Many are worse off. Much has been said, but nothing has been done, for the short or long term future of our economy. Only the ostriches still believe his story about the previous government being to blame.

In fact Mr Bush made things worse – by shouting that the country was bankrupt, by imposing ill-considered tax-hikes which he was not big enough to reverse, by failing to put together a sensible plan to deal with the problems and dangers explained in the Miller Report, by playing about with the country’s borrowings (which he has still not explained) and claiming to know more about arranging high finance than his own Ministry or the CTC.

It was only public pressure that prevented him selling the new government administration building. His fiddling with the schools project has served only to delay it and add to the cost. He does not understand that this is the crucial investment for our country’s future. And there is no bigger waste of public funds than leaving a part-built project unfinished – or a completed building unoccupied.

His fiddling with the cruise ship berthing project has got us nowhere. It has shown many of the signs we now recognize from the Cohen fiasco: Mr Bush thinking he knows best or preferring the private advice of friends, jetting off to take personal credit, then having to backtrack, and failing to dispel rumours of improper inducements. And the country pays the price.

In the financial industry there have been good and bad developments, but the good ones are due to the efforts and outlay of the industry itself, and many hours of hard work by a score or more of unsung individuals. Tourism figures improve slowly, but again no thanks to Mr Bush or his government.

Mr Bush has said repeatedly that he will revive the economy; he even gave himself a deadline for announcing and implementing his plan. But everyone now sees that this was just talk. He hasno plan – only the hope that the global economy will recover in time to save his political neck.

He has announced several projects for diversifying the economy, a few of which do sound interesting. But he has made his usual mistake of trying to take credit for a project without giving information about it, without caring about the worries it creates, and without having an assessment of its feasibility, cost, or effect – on the economy or the environment. Nonetheless he struts about saying that he will make it happen. And then he is surprised and aggressive when people ask questions. He seems to think that people should stay quiet and trust him. But he has not earned trust. People do not even trust him, or his colleagues, to keep their hands out of the cookie jar. And nothing has happened.

Mr Bush’s view of democracy, accountability and the Constitution has been clear for many years for all to see. It is quite simple: he believes that power should be in the hands of one unaccountable person – himself. To mention only the most recent demonstrations: he is against one man one vote; he wants to roll back freedom of information; he will not publish, or expose to audit, the accounts of the Portfolio of Finance that would show the true state of government finances when he came to power in 2009.

Some suggest that the answer is a people-initiated referendum to remove Mr Bush from office, or the whole government.But that is a misunderstanding of the new Constitution. It allows referendums to impose decisions on the government, but not to change the Premier or the government. The people cannot themselves change the Premier or the government between elections, only the MLAs can do so. The people can only put pressure on MLAs to do the right thing. That is why the Leader of the Opposition has brought the motion of no confidence.

A motion of no confidence is a serious measure. It is not a political plaything to be fired off whenever the Government makes itself unpopular. But today Mr Bush is not just unpopular. He has had two years, and he has proved again that he is unfit to lead this country – at a time when the country has particular need for wise democratic leadership. Everyone wonders what will be his next foolish, embarrassing and harmful announcement.

We are seeing a replay of Mr Bush’s first UDP government in 2001-5 in which he demonstrated his unfitness as leader; he achieved absolutely nothing of value despite all the talk about decisiveness; and he showed how divisive a leader can be, creating and deepening divisions in our community which are still with us. His colleagues and backbenchers in the UDP, who had originally thought they would keep him under control (and had constitutional power to do so), proved to be incapable. Reluctant to give up power, or to risk it, they stuck with Mr Bush until near the end of his term, before breaking away. Of that so-called “united” team only Juliana O’Connor-Connolly and the three West Bayers stayed with Mr Bush. The others were right to break away, but they should have done so much, much sooner.

So now the question is whether Mr Bush’s colleagues and backbenchers in the present UDP government will do the same as those in the last UDP government. They can be in no doubt about the unfitness of Mr Bush to lead the country, or about their own inability to keep him under control. Will they put the country’s interests first? Or will they hang on to power? That is the question.

It is a vital question for the country. It is the reason why the motion of no confidence was necessary – to confront Mr Bush’s colleagues and backbenchers with the question, to expose them to public pressure, and to compel them to make a public decision for which they personally and individually will be held to account. Let us hope that the pressure is strong, and that the break-up comes now, before more harm is done.

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Governor backs Baines

Governor backs Baines

| 15/12/2014 | 111 Comments

(CNS): The police commissioner has received the public backing of Cayman Islands Governor Helen Kilpatrick. In a short statement on Monday afternoon from her office, she said she believed David Baines’ actions over the recruitment of a police officer under investigation for murder, later charged and convicted, were justified and in line with procedures. She took aim at those who have criticised the commissioner and said everyone should support him. However, a number of local politicians have made it clear that they no longer have faith in the police boss and also believe that he has lost the support of the wider Caymanian community.

Kilpatrick said the “false criticisms and unwarranted personal attacks” on Baines were damaging the reputation of the Cayman Islands and were undermining the effectiveness of the police and safety of the community, as she offered her full support to the commissioner.

However, this is unlikely to be an end to the issue, regardless of the governor's comments.

Backbench MLA Bernie Bush has said that he intends to bring a motion for a no confidence vote regarding the commissioner’s position in the Legislative Assembly to allow MLAs to express their concerns about the revelations regarding the recruitment of a Jamaican officer to the RCIPS who was convicted of murder last month.

Ezzard Miller (North Side), Arden McLean (East End) and government backbencher Alva Suckoo (Bodden Town) have all publicly expressed their concerns. Other members of the government benches are also understood to have raised their concerns with the premier behind closed doors.

The considerable amount of public backlash and criticism of the way the RCIPS is being managed in a number of public forums, as well as the parliament, appears to have done nothing to persuade the Foreign and Commonwealth Office's representative that the commissioner should be replaced.

In the short statement Kilpatrick said, “Having returned to office, I have reviewed the circumstances surrounding the recruitment of a Jamaican national officer by the Royal Cayman Islands Police Service and the subsequent decisions in relation to this officer when he was charged with a serious offence. I am fully satisfied that the actions of the Commissioner of Police were justified and in line with the law and standard disciplinary procedures for any civil servant.

“It is important for all sectors of the community to support the Commissioner and members of the RCIPS in their continued fight against crime on behalf of the people of the Cayman Islands. We should not tolerate false criticisms and unwarranted personal attacks on the Commissioner of Police as these serve only to damage the reputation of the Cayman Islands and undermine the effectiveness of the police and hence the safety of our community. The Commissioner has my full support as he carries out his vital duties,” she stated.

Premier Alden McLaughlin has made no comment on his position, and neither he nor any members of his Cabinet have responded to questions from CNS about their support or otherwise for the commissioner. However, he persuaded MLAs during last week’s Legislative Assembly meeting, in particular Bernie Bush, to hold their fire and wait until he had met with the governor to discuss the matter. In the statement there was no indication as to whether the governor had discussed the matter with McLaughlin and there has been nothing from the premier’s office about whether or not the leaders met.

During last week’s debate in the LA, Arden McLean asked the premier to impress upon the governor that the opposition and other members of the parliament would also like to discuss the matter with her and have a chance to express their concerns and those of their constituents.

The governor has made no mention of whether she will consider a meeting with the wider parliament or any members of the opposition benches on the matter of the commissioner's job.

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Elmslie: No Sunday shopping

Elmslie: No Sunday shopping

| 30/09/2014 | 225 Comments

(CNS): Members of Grand Cayman’s oldest church have expressed concerns publicly about government’s plans to lift the Sunday shopping ban. In an open letter Dr Dave Hazle of the Elmslie Memorial United Church has set out some of his congregation’s concerns that trading on Sundays will not bring about the economic benefits expected and will see an exploitation of  workers. They are concerned about Cayman losing its one quiet restful and relaxing day as well as the traditional Sunday lunch family get together. Holding Sunday special for resting, recreation, family or religious observance is an important part of Cayman culture worth saving, the church leader said.

In the church’s submission on the government’s proposal for the liberalisation of the Sunday trading laws, Hazle said there was no guarantee that the change would increase economic activity as the same amount of money may simply be spent over seven instead of six days. With the fast-food chain Chick-Fil-A, known for its strict closed-on-Sunday policy,making greater profits with fewer stores than KFC, the minister said Sunday trading is no guarantee of economic benefits.

Pointing to the dangers of lower paid workers being exploited and forced to work longer hours without the benefit of overtime, the minister said liberalization could increase discrimination against workers who don’t want to work on Sundays. Government’s promise of protection for employees against discrimination gave little comfort, he added.

“Given the current rate at which labour matters are dealt with we have little confidence that such discrimination will be properly policed and the rights of workers protected. Both expatriate workers and Caymanians who do not want to work on Sundays could be vulnerable to such discrimination,” Hazel said.

The church leader also said that having a designated day when commercial activity is limited promotes rest and relaxation as well as making family interaction more likely to happen, but changes in the law could undermine local culture.

“The practice of families gathering for Sunday lunch, which has been an important part of Cayman culture, could become a thing of the past,” he warned as he noted the articulation of Christian values in the country’s constitution. “Sunday trading has repercussions way beyond the religious,” said Hazle.

While Elmslie is the first church to circulate its position in writing during this latest public discussion period on the subject, it is by no means the first or only church to raise objections to the proposal to life the Sunday trading ban.

The consultation period initiated by the finance ministry was expected to close Wednesday evening and a summary of the consultation results will then be prepared for Cabinet.

Officials said that any legislative changes to emerge as a result of the consultation would not come into effect before the 4th quarter of this year and any changes made will be reviewed one year after implementation.

Government has cited a number of reasons behind the proposal to lift the ban, not least to allow competition between all retailers as the laws currently allow some but not others to open. It has also said Sunday shopping will improve consumer choice, with access to the same variety of goods on a weekday and increase convenience to consumers as well as provide job opportunities for those who want to work on a Sunday. The ministry also hopes it will maximise efficiency and productivity across the whole retail sector, reduce congestion and queuing as well as reducing waste for retailers selling perishable goods.

Although religious factors were expected to influence the debate, and the churches represent the majority of the opposition to the proposal, the growth of Seventh Day Adventists in Cayman is also a consideration, as the current situation discriminates against that group, as well as other religions holding a day other than Sunday as Sabbath.

See full letter from the Elmslie church below.

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Lost Public Confidence — the case of the ODPP

Lost Public Confidence — the case of the ODPP

| 04/07/2014 | 9 Comments

I imagine that a number of good workers can be found among the many that work at the Office of the Director of Prosecutions (ODPP) – this Viewpoint is not about them. If anything, I hope it articulates their feelings that they’re unable to personally express. This Viewpoint is about those who work at the ODPP who collect a good paycheque in return for poor work, and those who instead of furthering the cause of justice impede it due to their undeserving, giant egos.

My personal experience with the former Department of Legal Services, now the ODPP, is that they are woefully disorganized, reckless, wasteful, unfocused, far too often wrong, and in way over their heads. They are usually stubborn when it comes to cases where it makes no sense for them to be so willfully obstinate and laissez-faire about cases where prosecution ought to be vigorously pursued. Far too often, as in my case and numerous others, they persecute instead of prosecute. Where common sense dictates that a person is innocent, they purposefully ignore the obvious, or often fail to recognize it. 

Voltaire’s famous quote “Common sense is not so Common” must be without a doubt the ODPP’s most oft used screen saver, followed closely by “Appearance must always trump Substance” – apparently, one of the greater deciding factors as to whether or not a case is pursued. The claim that each case is carefully scrutinized is laughable at best – it ought to read that the law is applied willy-nilly, depending on the day of the week, and in which direction the wind so happens to blow. 

In my case (for those unfamiliar with it) the Legal Department, in one of their more brilliant moments, wasted 21 Summary Court sessions, 8 Grand Court Sessions and 4 Cayman Island Court of Appeal Sessions over a matter of 0.004 oz of ganja (including tobacco) that did not belong to me. This, despite that 99.9% of the evidence pointed to my innocence. As some of you may recall, the ganja spliff was half smoked – if it belonged to me, as they claimed, it would have shown up in my urine test, it would have contained my DNA, etc. My urine test did not contain drugs, I was not a contributor to the DNA found on the half-smoked spliff, there was no motive for me to carry a half-smoked spliff given that I was not a ganja smoker (I was not about to gain millions of dollars by trafficking 0.004 oz of ganja into the United States), my explanation remained the same from the beginning to the end, etc. 

At the time, my case was being pursued at all cost while many other cases involving far more serious charges were being routinely lost and dismissed in the Cayman Islands Summary and Grand Court. For example, between 2005 and 2010, a total of 38 cases of possession of an unlicensed firearm were dismissed in the Cayman Islands Summary Court and Grand Court.  In August 2010, the Cayman Island Court of Appeal castigated the crown for appearing unprepared in front of the court – the case involved a firearm. One can only wonder what may have happened if the crown had devoted more time to their more important cases. 

There are some commentators who defended Director of Prosecutions Cheryll Richards’ and the ODPP’s appalling record by claiming that the RCIPS provide the ODPP with poor, sloppy, unworkable evidence. My suggestion is that they stop pursuing those cases where the evidence does not exist to convict, no matter how badly they’re itching to get their suspect. Innocent people, and there are a few among the many guilty, should not fall prey to the ODPP's convict-at-all-cost, even if there is not evidence, mentality. More importantly, I would suggest that Ms Richards use her position and influenceto demand and bring about better work by some of her staff and some of the police.

I could write a few more pages on this matter, but I don’t have thetime, or the interest. Besides, most readers understand the problem. The fact of the matter is that the ODPP suffers from any number of maladies as a result of a lack of leadership, a lack of focus, and poor choices that they continue to make, etc. Perhaps one commentator sums up the problem best:

“They too bust trying to get Sandra Catron…LOL”

This Viewpoint is in repsonse to an article on CNS: DPP not cops' rubber stamp

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Ethics law should apply to governor, says Bush

Ethics law should apply to governor, says Bush

| 30/01/2014 | 45 Comments

(CNS): The opposition leader has said that the Standards in Public Life legislation should apply to those who hold the office of governor as well as all other public servants. Offering his support Thursday for the legislation during the debate on the long awaited ethics bill, McKeeva Bush told his legislative colleagues that while the constitution may bar lawmakers from directing that the governor declare “his” interests (as he made a pointed reference to the former incumbent) the governor ought to make a report to the Legislative Assembly about how he spends money and what he receives.

The opposition leader said the governor earns more than anyone else and receives significant benefits and allowances. Bush said “he” is allowed to accept gifts, hospitality and “spend public money entertaining his friends at Government House”, as he referred to Duncan Taylor. Bush said that whatever the constitution states, the governor should be held accountable as he also appoints people to boards and commissions, whom legislators cannot remove, and has significant influence.

He noted that the governor is the only senior person in public life that the law will not apply to and that was not right. Bush added that in the interest of fairness and transparency the governor should be accountable.  “We can’t force it but they should do so and we should receive that report as members of this House,” the opposition leader said.

One of the last members to speak in the debate on yet another historic bill for the new government, which lasted all day, Bush offered support on behalf of the opposition. He said the bill repealed the register of interests law, which had been the only legislation of this kind and which he had piloted through the Legislative Assembly. He said that then, as now, he felt it was something that could only contribute and preserve public confidence in the system, as he described it as a foundation piece of legislation. The new bill was a continuation of that, he said.

In a mixed presentation in which Bush welcomed the law, he spoke about the hatred and jealousy that members would face regardless and lamented the past suspicions that have historically surrounded members who acquired homes and cars. He said no matter what law was in place, it would not “stop evil minded people” from making unfounded allegations. He said politicians would always be targeted, regardless of legislation.

Referring to the ability for people to report to the commission, he said the authorities had to ensure that whatever was being said about anyone was “said with facts” and not political vendettas or other vindictive reasons. “Perception is one thing, while fact will be fact,” he added.

In support of the law the leader of the opposition said, “We operate a democratic system and we must always be concerned about the efficacy and integrity of the political system.” When people were elected they gave up their private life to serve the public and had to understand they would be scrutinized, he said.

He welcomed the scrutiny and the need for board appointees to declare their relevant interests as well as politicians but said that while there was a need to strength democracy, they could not make it “so you can’t get anything done”. As a small jurisdiction the government had to be careful of not being able to find “good people to work” on the boards because they would be “scared to have their names smeared”, he said and queried what kind of democracy that would be.

Bush said he had always declared everything he had in the register of interests and despite all the investigating and the allegations he endured, he had never hidden any money or assets in anyone’s name or in any companies.

Bush is facing several charges relating to corruption, abuse of office and the misuse of government credit cards relating to his time as premier. Several theft charges have been dropped for lack of evidence and despite ongoing probes into otherissues, no further charges have been brought against the opposition leader, who ran for office at the height of the probe into his time as premier and was still returned with a significant percentage of the vote by his West Bay constituents. Bush has categorically denied all of the allegations and said he will be vindicated when he has his day in court. He is currently set to stand trial in September.

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UDP no longer ‘united’

UDP no longer ‘united’

| 18/12/2013 | 105 Comments

(CNS): The United Democratic Party (UDP) will be no more when the opposition party ratifies a change in its name at a planned party conference in the New Year, party officials said. The new Cayman Islands Democratic Party (CDP) has been registered under the Elections Law (2013 revision) as a political party and it will replace the UDP, which was formed in 2001 by the opposition leader and former premier, McKeeva Bush, when the infamous coup overturned Kurt Tibbett’s government and introduced the era of party politics. However, officials said Wednesday that the re-naming of the party was in response to public encouragement to modernize.

The UDP had a rough ride in 2013, starting the year with a cloud hanging over its future following the party split after Bush was arrested and charged on allegations of fraud, corruption and misconduct. A no confidence motion after his arrest in the LA saw the fall of the UDP government but five former UDP members retained the Cabinet under the People’s National Alliance banner until the general elections in May, sending Bush and three of his remaining UDP members to the crowded opposition benches.

The split did neither party any favours at the election, with Juliana O’Connor Connolly, who had served as a short term premier, being the only PNA candidate returned. After the election she joined the PPM when it won the majority of seats and accepted the offer from party leader, Alden McLaughlin, of the speaker of the House position. 

The United Democratic Party was unable to win any seats outside of its stronghold base of West Bay and even lost one of the four seats there to Tara Rivers, who had run on the Coalition for Cayman platform but also joined the government and Cabinet.

Though she has not yet formerly joined the PPM, she has already made an appearance at the party conference.

Although the party has just three members, Bush is still the opposition leader with members Eugene Ebanks and party deputy leader, Bernie Bush, who share the opposition benches with the two independent members from the eastern districts, Arden McLean and Ezzard Miller.

With the party rebrand, McKeeva Bush will remain as leader of the CDP and leader of the opposition, while Bernie Bush also retains the deputy leadership of the new party. 

Tessa Bodden remains as chair of the new party and Dr Joe Marzouca as deputy chairman, despite his position as the honorary consul for Jamaica. Renard Moxam has also been confirmed as the second deputy chair of the re-named party.

Bodden said the party has also renewed its constitution. That and the amended name were viewed as necessary by the party's General Council in response to overwhelming public encouragement to modernize and move forward.

Following the announcement, McKeeva Bush said he welcomed the opportunity for the party to continue the process of growing and addressing the needs of the people of the Cayman Islands.

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Wiretaps still not audited

Wiretaps still not audited

| 22/11/2013 | 21 Comments

(CNS): The Human Rights Commission (HRC) has issued a warning that until government puts in place the necessary audit committee to oversee the interception of telecommunication messages by the police, the public cannot have confidence that the wiretapping and other message surveillance being carried out by the RCIPS is lawful or proportionate. In the wake of allegations by the opposition leader Thursday in the Legislative Assembly that his emails, messages and phone calls were unlawfully intercepted, the HRC has queried why, more than 18 months after it was assured government was setting up the required audit commission, it still hasn’t been done and none of the RCIPS electronic snooping has been reviewed.

“Until the Audit Committee is established, the public cannot be sufficiently assured that the surveillance equipment and circumstances underpinning each instance of telecommunication message interception is compliant with the ICTA legislation or established human rights standards intended to protect against unlawful, arbitrary, and unreasonable interceptions,” the HRC said in a new report released to the media on Friday.

The committee raises a number of concerns in regard to the ability of the RCIPS to intercept messages with just a warrant from the governor for what are supposedly only for very serious crimes without any oversight.

McKeeva Bush, who is facing a number of charges under the anti-corruption law, revealed that all of his communication had been intercepted and the police had got hold of his personal bank and finance details. Although he was stopped from going further by the speaker because his case is still in the courts, the issue illustrates the concerns being raised in the community about how much, who and why the RCIPS is intercepting messages. The claim has been made by the deputy police commissioner, the governor and most recently the UK's overseas territories minister, Mark Simmonds, that the police powers to monitor or intercept private calls and electronic messages were for only the most “serious of crime” or “terrorism”.

With the potential of serious intrusion into an individual’s private life, the HRC said it was absolutely necessary for oversight to safeguard people from unlawful intrusion. It said the creation of an Interception of Communications Audit Committee was essential. It was now of concern that, although required by the Information Communications Technology Authority Regulations, which have been in force since 2011, such a committee has not been established

The committee was supposed to conduct an audit of all interception equipment and data records at least once every six months to determine whether interceptions were conducted in accordance with the law's relevant regulations.

Without that committee, the HRC said, it was impossible for the general public to be assured that the use of interception and communications data was properly authorised as an investigative technique and government was interfering in people’s privacy.

“The CI Government is required to refrain from interfering with a number of ways in which a person may express themselves … with a person’s correspondence or other means of communication. In general this means that you have the right to voice opinions and express your views subject to the rights of other persons,” the HRC stated in the report.

The commission said it had warned the former governor, Duncan Taylor that telecommunication message interception carry the potential for human rights infringements and indicated that it considered the Audit Committee to be one of the most important checks and balances in the process.

“For this reason, the HRC stated in its letter to former Governor Taylor that the appointment of members to the Audit Committee by the Governor-in-Cabinet, as per s.17 of the ICTA Law (Interception of Telecommunication Messages Regulations), 2011, should be considered a priority by the government as a means to providing a necessary layer of oversight to the process of telecommunication interception by the police service," the report reveals.

“On 22 March, 2012 the Deputy Governor responded to the HRC confirming that the (then) Portfolio of Internal and External Affairs was in the final stages of identifying members of the Audit Committee and indicated that the matter would go before Cabinet within the next thirty (30) days.”

However, eighteen months later and after repeated enquiries there is no committee, and the HRC described the apparent lack of willingness by previous governments to establish an Interception of Communications Audit Committee as “disconcerting” and pressed the new government to act to create this necessary layer of oversight.

Speaking in the House on Thursday, Premier Alden McLaughlin, who raised his own concerns about the lack of judicial oversight on this surveillance, pointed out that when the UK want something in this regard there is little that the CIG can do, but he said that he would be setting up the audit committee at the earliest opportunity.

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