Archive for September, 2010

Plans to make organ transplants legal underway

Cayman News | 12/09/2010 | 13 Comments

(CNS): The government has backed a private member’s motion to begin the process of passing legislation that would allow the removal, storage and use of human organs and tissues in the Cayman Islands. The motion was brought by Ellio Solomon, backbench MLA for George Town, who said that at present the law does not easily facilitate donation either by living or dead donors and the subsequent transplant to patients, even though Cayman has many people in need. Despite warnings from the North Side member that Cayman does not yet have the necessary facilities or expertise to carry out transplants, the Minister for Health said government planned to move towards establishing a law for organ donation.

While local people in need of transplants are on waiting lists in other jurisdictions, there is no way for them to receive transplants from people here or to have the surgery in the Cayman Islands at present. Government will now need to amend a number of laws as well as introduced new legislation and regulation to facilitate the medical procedures in future.

The mover of the motion spoke about the pressing need for legislative change to address the existing medical needs of many people in Cayman and to allow the medical procedures and recovery process to take place here, but Health Minister Mark Scotland revealed another motivating factor for accepting the motion.

“It will also fulfil an undertaking that was given by the government upon signing the agreement for the proposed Cayman Narayana Health University project,” he said. “As members will recall this proposed long term project, which is poised to become the catalyst for the creation of medical tourism as a third pillar of the economy, will provide tertiary care to persons from overseas for much reduced costs and in a timely manner. It is envisioned that a component of the care will be of a transplant nature.”

He said creating this legislation would see the project take another step forward. Scotland said that a committee was being established to examine the need for legislative changes as well as the other needs to facilitate organ transplant. Scotland said that government was examining the possibility of having those who wished to be organ donors indicate their desire on drivers licences, as they do in the US.

The motion was supported by all members in the chamber at the time, but Ezzard Miller warned that there were still problems associated with tissue transplant and its regulation around the world and Cayman had to be careful about facilitating tissue harvesting without proper regulation as the practice was moving from more thoroughly legislated states to those with less regulation.

He also pointed out that Cayman’s medical facilities as well as medical expertise had a long way to go before it was capable of harvesting, storing and transplanting human organs. He agreed that government should introduce a living will and allow local people to donate but he said the procedures should be conducted in other jurisdictions until local medical facilities were equipped to deal with the procedures.

Miller said there may be doctors here who think they can undertake the procedure and they may well be capable of doing so in some circumstances, but he said patients needed to know that back up medical facilities were here for when things went wrong.

OCC: NPO has failed public

Cayman News | 12/09/2010 | 58 Comments

(CNS): The Complaints Commissioner submitted her first own motion report to the Legislative Assembly on Friday highlighting the systematic failure of the National Pensions Office (NPO) to enforce the pensions law and bring justice to hundreds of people whose employers have literally stolen their contributions. Nicola Williams found that the NPO had failed to use its powers under the law effectively, as well as a lack of political will to address the problem, a break down of inter-agency communication and a host of other problems that has led to a complete loss of trust by the public in the NPO. Despite the worrying findings in the report presented to members by MLA Cline Glidden, he made no comment about them and there was no debate in the House.

The Legislative Assembly has never once debated a report produce by the Office of the Complaints Commissioner since the establishment of the office in 2005. Although this is Williams’ first Own Motion, her predecessor John Epp also published a widelist of reports highlighting various failures in government systems that were also ignored by the members of the LA.

However, the report is now a public document which can be obtained from the OCC at the Piccadilly Centre. It reveals how administrative failures have allowed employers to take contributions from employees but not pay that or their matched obligation into a pension over and over again and escape prosecution.

Williams says that the system has given delinquent employers too many chances pay back arrears which has never happened and simply seen the debt grow, and when a decision to prosecute had finally been made it has taken too long.

“Too many chances are given to non-compliant businesses to pay the pension arrears, which are routinely ignored,” the OCC wrote in her report. “In the meanwhile, the outstanding level of arrears increases. Once a decision has been made to prosecute a delinquent employer prosecutions through the court system are too slow and are not an effective enough deterrent to prevent non-compliance.” She pointed out it could take as much as five years for a case to be heard.

While the OCC said the legislation and the regulations regarding the pension law needed substantial revision, she also pointed to other remedies earlier in the process which have not been utilised.

“There is still clear evidence of the inability of related government departments (immigration and health) to share communication,” the report stated. It notes that there has been a lack of will to withhold work permits from delinquent employers or to force them to pay their pensions or cease trading.

The OCC further warned that many employees fear being victimized if they take action against an employer and there is little or no protection for whistleblowers.

Williams explained that the report was initiated as a result of numerous complaints received by the office, which she described as theft. In one case a complainant had reached retirement and found his pension empty because of the failure of his employer to pay the contributions he had collected from him as an employee as well as the employer’s share.

“This is far from an unusual story,” Williams stated. “This is a ticking time bomb for the people of Cayman.”

Despite complaints and evidence that numerous employers are not complying, many of them are still issued trade and business licenses as well as work permits, and some have even received government contracts. She also points out that the problem has spanned a ten-year period and both political parties have failed to tackle the problem.

Recommending a complete overhaul of the system and the law and noting that simply throwing money at the problem wouldn’t work, Williams said that employers were taking advantage of the weakness of the system. She acknowledged that resources had been a problem and that there had never been enough inspectors at the NPO from the start, but the commissioner said the problems with the system went far beyond a shortage of staff.

Williams also said that at the start of the investigation the NPO estimated 670 businesses were non-compliant but as the OCC investigation progressed, Williams said, it became apparent the figure was wide of the mark.

“At present the NPO does not know exactly how many complaints against delinquent employers they are charged with investigating,” the report revealed.

The OCC’s annual report for year ending June 2008 was also submitted to the Legislative Assembly and is now a public document. During the year 2007-08 the office dealt with almost 500 complaints and undertook three own motion investigations.

Read report here

Robbers strike at local store

Cayman News | 12/09/2010 | 38 Comments

(CNS): The manager of a small grocery store in George Town was knocked out by a gunman during an armed robbery late Saturday night (11 September), police said on Sunday morning. George Town detectives are now appealing for witnesses to the incident, which occurred at 22:15 outside the convenience store in the vicinity of Money Gram on Shedden Road. Two men, one armed with a gun, held up the operator of the store as he was leaving. They ordered him to hand over the money and he gave them the bag he was carrying, which contained an undisclosed sum of money, a Blackberry phone and keys. He was then struck on the head by the man with the gun and was unconscious for a short while.

The men escaped on foot in the Myles Road area.

The store’s operator, who received a minor laceration to his head, was treated at the hospital and released. The men, who were wearing dark clothes, gloves and masks, are described as about 6’ tall and stocky, Anyone who was in the area at the time and might have witnessed the men leaving the scene are asked to call the George Town CID at 949 4222 or Crime Stoppers at 800 TIPS (8477).

Guns are not the answer

Guest Writer | 12/09/2010 | 52 Comments

While it may be understandable that the desire for private gun ownership is on the rise in the Cayman Islands, it remains an unreasonable dream. With robberies and assaults now routine occurrences on Grand Cayman, itis no wonder that increasing numbers of people are eager to lock and load. The reality, however, is that more guns in more hands is the last thing the Cayman Islands needs at this critical point in its history.

If you fear armed robbery or home invasion then bar up your windows, add three guard dogs to your family unit, or dig a moat. Do whatever you feel you need to do to feel safe—short of adding another gun to an already too-violent society. There are many ways to react to crime. Short-term, for example, one might invest in a home alarm system. Long-term, one might stop voting for shallow, self-interested leaders who fail to invest adequately in the country’s educational and social needs.

There is one gargantuan and insurmountable objection to legalizing private gun ownership in the Cayman Islands that even gun proponents should recognize. Open season on buying guns would mean a subpopulation of scary people would suddenly be capable of shooting the rest of us. No, I don’t mean the hardcore criminals. Apparently they already have guns. I’m referring to those people who are commonly known as “idiots”.

Remember those flying cars we were all supposed to have by now? That’s one future scenario we should be relieved never came to pass. Why? Because too many people are idiots and you wouldn’t want them hovering over your house after a night on the town. Anyone who has ever driven on Grand Cayman’s roads and witnessed people driving backwards, weaving in and out of traffic, passing five cars at a time around a curve, and so on, should be relieved that the dream of flying cars never materialized. They should also be dead set against private gun ownership for the same reason. Too many idiots.

Imagine a legally purchased semi-automatic handgun in the possession of the people you see speeding around with their lights off at night, no seatbelt on, and a shirtless crusty nosed toddler standing in the passenger seat. Do you honestly think it would be good for Cayman if they were allowed to buy guns and ammo? And what about our infamous minibus drivers? Are you really ready to arm them? They haven’t even figured out what “stop” and “yield” mean yet. How can anyone expect them to comprehend the fundamentals of gun safety?

Still not convinced? Try listening to the daily radio talk shows on Rooster 101 and Radio Cayman. For the duration of just one program on each station, imagine an AK 47 assault rifle being held by the sweaty trembling hands of the various mutants who call the station to rant. As they rage on about the price of gas or whatever, ask yourself if Cayman would be better off if these sorts of people were packing heat. I don’t know about you but I would never leave my house again. And don’t think the answer is to somehow restrict guns specifically from the sorts of crazies we often hear on the radio. That won’t work because half of those callers are our elected politicians and prominent business leaders!

Here’s a deal for the gun enthusiasts: You can have guns available for legal purchase in Cayman—just as soon as you figure out a way to keep them out of the handsof the several hundred irresponsible and downright scary drooling whack-jobs currently inhabiting our islands. Take care of that and then we’ll talk.

Season churns up more turbulent weather

Cayman News | 11/09/2010 | 0 Comments

(CNS): As Igor strengthened into a category four hurricane on Sunday afternoon an area of showers and thunderstorms in the Caribbean remained less organised. However, forecasters from the NHC say it could still turn into a cyclone over the next few days. Regardless of development it is expected to bring some bad weather to the Cayman Islands on Monday or Tuesday. This broad area of low pressure located over Hispaniola has a fifty percent chance of developing over the next 48 hours the NHC said as environmental conditions appear favourable. Across the other side of the Atlantic TD12 also sprang to life as the season, true to predictions, continues to churn up turbulent weather.

Hurricane Igor the fourth of the 2010 hurricane season rapidly built to a category four hurricane as it continued its slow roll across the Atlantic. Maximum sustained winds are at 135 mph and Igor is moving at 14 mph the NHC said the storm is expected to turn toward the northwest and strengthen even further. Hurricane force winds currently extend outward up to 40 miles with tropical storm force winds reaching 160 miles from the centre on its present path Igor is unlikely to pose a threat to land.

Meanwhile, tropical depression 12 has formed off the coast of Cape Verde Islands and the NHC says it expects the system to become a tropical storm tonight or tomorrow morning.

Go to NHC

JA closes one programme opens doors for next

Cayman News | 11/09/2010 | 0 Comments

(CNS): As this year’s Junior Achievement programme draws to a close, eight students went on an all expenses paid trip to the Junior Achievement Canadian International Youth Leadership Conference, Next Generation Leaders. The business conference gives many high-potential young people across the world an opportunity to network and share experiences. As one group ends its time with the JA programme taking valuable experiences away JA organisers are now inviting applications for its next session when awhole new group of students try their hand in the business world.

This years 8 students faced real business challenges and developed strategies in collaboration with their global peers, University faculty and Industry volunteers during the international conference. And the experience will help them with leadership skills that they may well go on to use in the not too distant future.

“It was remarkable to see such a diverse group of young people come together as one,” said Programme Director Tara McField. “The energy the teams displayed was magical and the business challenge presentations were phenomenal. Our kids had an experience of a lifetime.”

With one more programme complete the opportunity for another group of young entrepreneurs opens as Junior Achievement (JA) is now accepting applications for it’s after school interactive Company Programme. Applications may be obtained from yourschool or by email jacayman@candw.ky. To be eligible to participate in the programme you have to be between the ages of 15-19 and actively in school (Public/Private High Schools and UCCI students qualify). The application deadline is 22 September.

Each year approx 250 students participate in the Company Programme, this year it could be YOU. This year 14 businesses are investing in your future allowing you the opportunity to gain new knowledge and insight into the world of business.

YUDP lobbies government for insurance watchdog

Cayman News | 11/09/2010 | 9 Comments

(CNS): As a result of hardship suffered by a number of young people being hit by drivers who are either uninsured or drunk, making their policies void, the YUDP is lobbying government to do something about the law and regulation of the industry. The young politicians said that some of the difficulties experienced are largely due to the fact the there is no government body responsible for monitoring and regulating the policies for general and motor insurance. Although insurance providers are licensed by Cayman Islands Monetary Authority (CIMA), the YUDP has called for an industry “watchdog” to monitor the sector and deal with complaints. (Photo Dennie WarrenJr)

“As there is no general insurance commission, insurers are, in essence, free to act at their own discretion with regard to fees, coverage and claim payments unless ordered otherwise by the court. A prime example of this was seen in a recent incident where a young lady’s vehicle was hit by a young man driving under the influence of alcohol,” said Chanda Glidden, Legal Council for the Young United Democratic Party (YUDP).

“The young man was clearly at fault and had fully comprehensive insurance, which should have covered her third party claim. However, his provider refused to pay because he was allegedly driving under the influence. “

Glidden said the young woman’s third party insurance was, of course, no assistance to her in this case, leaving her without a car and her only remedy was an expensive legal action against the driver.

The YUDP legal expert said this was not only unfair on the accident victim, but she noted that the law does not expressly permit insurance providers to exclude a third party claim where the person at fault is charged with driving under the influence. “It appears that this is simply a policy that some insurance providers have adopted in the absence of a regulating body,” she pointed out. “What is truly unfair is that a single consumer may, as required under the law, pay hundreds of dollars each year for the protection afforded by their insurer; yet when that protection is called upon, it falls short."

Cayman doesnot offer true “no-fault” insurance coverage, which provides for a person injured or whose car is damaged in an accident, to deal with their own insurance company, regardless of who is at fault. “The insurance companies would then determine the degree of fault to be assigned to each driver to ensure the at-fault driver’s premiums are adjusted appropriately,” Glidden explained.

Unofficial statistics indicate that accidents where uninsured parties are at fault are common but the only recourse for the claiming party is to bring an action against them through the court.

“In order to counteract the third party claimant being left at such a severe disadvantage, some jurisdictions offer uninsured motorists policies or have implemented an uninsured motorists fund regulated by a government authority,” Glidden stated.

The YUDP said it has brought these and other related issues to the attention of the government and is working in partnership with them to rectify the situation.

“In due course we hope to see a review of the motor insurance legislation and the establishment of an insurance commission in order to regulate the industry and to ensure that fair and efficient remedies are awarded to properly insured drivers,” the young politicians added.

Training starts for census workers

Cayman News | 11/09/2010 | 1 Comment

(CNS): With the country’s 2010 census only a month away the Economics and Statistics Office has begun a six day workshop to train twenty people who in turn will train almost 400 census field supervisors and enumerators. The training is a key step in building a properly trained workforce for Census 2010, Cayman’s population and housing count that kicks off on Census Day (10 October or 10-10-10) and continues through November. The census will capture data on subjects such as health insurance, housing and mortality to help create a more comprehensive database to better aid planning for the Islands’ future.

“Of the 20 workshop participants, ten are from the Economics and Statistics Office, five from other government departments and five from the private sector,” said Census Manager Elizabeth Talbert.

Held at the Customs Conference Room, the workshop is jointly conducted by Talbert and the United Nations Population Fund’s Sandra Peredez, who is stationed in Belize.

Opening the workshop, Economics and Statistics Office Director Maria Zingapan stressed Census 2010’s importance not merely for gathering population figures but also as “Cayman’s biggest statistical capacity building exercise.”

Restaurants offer solutions for diversity challenges

Cayman News | 11/09/2010 | 6 Comments

(CNS): In the latest edition of Flicker, the Department of Environment’s monthly magazine bulletin, the Ecology Unit looks at lionfish suppers and Casuarina roasts and the restaurants that are addressing some of the challenges facing threats to species diversity. While Mezza is helping out with the islands’ invasive lionfish problem by serving up the reportedly tasty fish on its menu, Michaels, a new restaurant in Camana Bay, is hoping to offer a solution to the choking effects of the Casuarinas. The restaurant is offering people the opportunity to make some money by selling their unwanted trees.

Although Casuarina trees have been in Cayman a long time they are not native and they are something of a mixed blessing. While providing welcome shade on the beach, the shed pines actively smother all other species.

Go to Flicker

Butterfield sells business back to Bentley Reid Group

Cayman News | 11/09/2010 | 0 Comments

(CNS): Butterfield has sold its trust, wealth management and advisory businesses in Hong Kong and its trust operation in Malta back to the original founder the bank said this week. In October 2007, Butterfield acquired the entire share capital of the Bentley Reid Group, a privately held international wealth management company with offices in Hong Kong, Malta and the United Kingdom. Nic Bentley, Deputy Chairman, Butterfield Private Office (HK) Limited founder and former Chairman of the Bentley Reid Group, will reacquire the Malta and Hong Kong businesses.

The bank said that the former Bentley Reid operations in London however, have been successfully integrated with Butterfield’s private banking, asset management and family office businesses in the UK and have served to enhance the Group’s wealth management offering in that jurisdiction. They are not affected by this transaction.

As a result of the sale, in the third quarter Butterfield will take a charge of approximately $7.8 million, including a write-off of intangible assets of $4.2 million. The businesses being sold generated net income of $0.4 million in the first half of 2010.

Brad Kopp, Butterfield’s President & Chief Executive Officer explained the need for the sale.

“As we work to return the Bank to a position of stability and profitable growth, we have decided to focus our resources on a smaller number of key jurisdictions. We look forward to working with Nic Bentley and his team to provide continuity of client services and relationship management to our valued clientele in Hong Kong and Malta and leverage our successful asset management business in the UK run by Rupert Bentley,” Kopp said.

Rupert Bentley, who was CEO of Bentley Reid Group prior to its acquisition by Butterfield in 2007, will remain with Butterfield Bank (UK) Limited in London in his capacity as Head of Asset Management. He will also join the Board of the new Bentley Reid Group. Butterfield Bank (UK) Limited will continue to manage investment portfolios for clients of the new Bentley Reid Group entities.

Archive for September, 2010

Plans to make organ transplants legal underway

OCC: NPO has failed public

Robbers strike at local store

Guns are not the answer

Season churns up more turbulent weather

JA closes one programme opens doors for next

YUDP lobbies government for insurance watchdog

Training starts for census workers

Restaurants offer solutions for diversity challenges

Butterfield sells business back to Bentley Reid Group

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