Archive for October, 2010
Helpers’ ‘certificate to stay’ now available
(CNS): Government officials announced Monday that the controversial special certificate allowing caregivers on work permits to stay in the Cayman Islands beyond the seven year workers term limit is now available. Employers of domestic workers who are long-term caregivers may from Tuesday apply for the new Specialist Caregiver certificate. This will allow those workers extended and uninterrupted periods of work time. Before the change in the law helpers were subject to rollover stipulations like all other foreign workers. The change in government policy and subsequent legislative amendments have made provision for foreign workers who care for the most vulnerable members of the community to stay beyond the normal seven year limit.
Government said that the amendment to the Immigration Law allows for greater continuity of care, especially for the benefit of elderly, sick and vulnerable persons. This newly-introduced certification will allow workers to remain with their employers indefinitely, provided medical and care requirements continue.
When applying, employers must provide supporting evidence that the people receiving care are elderly, sick or disabled. Employees must also have worked at the same job for the applicant at least three years immediately prior to applying for the caregiver certificate. This could have been as a domestic helper, nurse, nanny, or in another care-giving capacity.
Applicants for the Specialist Caregiver certificate will pay an administrative filing fee of $100, as well as an ’issue fee’ based on the employee’s previous work permit category. This amounts to whatever the previous work permit fee was, plus $100. For example, if the employee was previously employed as a domestic helper, the issue fee will be $250 ($150 plus $100). This fee is payable annually.
Application forms, along with requirement details and other guidance, will be available at the Department of Immigration, or on the department’s website: www.immigration.gov.ky.
Fire on CUC pole caused Friday night outage
(CNS): A motor vehicle accident was the start of CUC power outages for a number of customers east of George Town on 22 October, the company has confirmed. At around 2:00 on Friday afternoon a dump truck damaged power lines near Red Bay Primary School, causing loss of power to one circuit feeding the Crewe Road, Grand Harbour and Red Bay areas. Customers were switched to a second circuit, but then at around 3:20pm an equipment fire in the Selkirk Drive area on that second circuit caused further outages for customers in Prospect, Savannah and Spotts Newlands. (Photo by Dennie Warren Jr)
CUC explained that the circuit damaged by the dump truck was initially restored to most customers within an hour by switching them over to the second circuit. However, a fault occurred on the second circuit, which resulted in an equipment fire in the Selkirk Drive area, and then the subsequent outage to the customers initially affected by the motor vehicle accident and additional customers in the Prospect, Savannah and Spotts Newlands areas.
Fire crews immediately responded and extinguished the fire. Following repairs to the damaged equipment in the Selkirk Drive area and the power lines damaged by the dump truck, power was gradually restored to all customers by 7:00 pm Friday evening.
CUC said that its restoration teams worked to restore the power as quickly as possible and in a safe and efficient manner to all customers. There were no injuries as a result of the motor vehicle accident or the restoration process and the power firm apologised for the inconvenience the outages may have caused.
Cabinet halves key worker fee
(CNS): In a surprise announcement on Monday, government said it had reduced the fees which employers must pay for a key employee application by fifty percent. A brief statement from government information services said that from Tuesday, 26 October, permit fees payable for workers who have been granted Key Employee designation will be reduced by half. The decision to lower the administration fees for existing or new designates was made by Cabinet, according to the press statement. No reason was given for the sudden u-change in policy, which is likely to be widely welcomed by a number of employers across the island.
The key employee fee was one of many business related fees increased by the UDP government in its first budget statement in 2009, when it attempted to eliminate the public deficit in its first year in office. The key employee application fee had originally been a flat payment of $250 but the fee was significantly increased to a variable rate based on the actual cost of the work permit dependent on the given category of employee.
Following the change in the 2009/10 budget, an employer applying for key employee status for a bookkeeper, for example, on a $4000 work permit would have to pay $4000 for the key employee application on top of the work permit fee. In the wake of Monday’s announcement, the key employee application charge will now be reduced to $2000.
Key employee designation enables work permit holders to by-pass the existing rollover policy, which requires all foreign employees to leave the island after seven years of continuous employment in the Cayman Islands. Once that seven year residency benchmark has been passed, key employees can go on to apply for permanent residency in the islands and eventually Caymanian status.
Meanwhile, the Department of Immigration begins a series of public meetings this week where officials will be available to address queries and listen to concerns of both employers and employees regarding current immigration policy and service. The first meeting starts at 5:30pm on Tuesday evening in West Bay at the John A Cumber primary school hall.
The schedule is as follows:
West Bay: Tuesday 26 October at John A Cumber primary school hall.
East End: Wednesday, 27 October at the William Allen McLaughlin Civic Centre
Savannah: Thursday, 28 October at Savannah Primary School
Bodden Town: Monday, 1 November at the Bodden Town Civic Centre
North Side: Tuesday, 2 November at the Craddock Ebanks Civic Centre
George Town: Wednesday, 3 November at the John Gray High School Hall
Cayman Brac: Thursday, 4 November at the Aston Rutty Centre.
Fosters pull Nestlé Raisinets Fun Size Bags
(CNS): Nestlé USA’s Confections & Snacks Division is initiating a voluntary recall of Nestlé Raisinets Fun Size Bags (10oz) with a production code of 02015748/UPC number 2800010255, which may contain undeclared peanuts. People who have allergies or severe sensitivity to peanuts run the risk of serious or life-threatening allergic reaction if they consume these products. Nestlé is taking this action out of an abundance of caution. Locla supermarket Foster’s FoodFair IGA have announced that to ensure the safety and well being of their customers, they have proactively pulled all the affected Nestlé Raisinets Fun Size Bags 10 Oz. Bag.
Nestlé say three complaints have been received to date. While this product is labeled with a precautionary statement “made on equipment that also processes peanuts,” the product should not, but may contain some peanuts that are not declared on the label.
The company says it has advised the US Food and Drug Administration and will cooperate fully in their investigation. No other Nestlé products are impacted.
Fosters said that consumers who have purchased this product should not to consume them. Any adverse reactions we advise you consult your healthcare Physician.
Until Foster’s Food Fair IGA has a further correspondence from the manufacture on this affected product, moving forward, it will not be available. “We are sorry for any inconvenience this may cause, however the safety of our customers is our top priority. We encourage all customers who have purchased this product to return the affected product to their Foster’s Food Fair IGA of purchase for a full refund,” the statement from the supermarket chain said.
For further information please contact a Nestlé Consumer Services at 1-800-478-5670 or via email at nestlecandy@casupport.com. Operators are available between 8am and 8pm EST and after hours for emergencies. Foster’s Food Fair IGA will make the information available via further communication with the media.
Gov’t secures $155m loan
(CNS): The government’s cash flow situation improved Monday following confirmation that financing has been found for the $155 million it needs to plug this year’s public spending gap, but questions are already being asked about how the loan package may have been put together and the players involved. According to a statement from government, the money will be coming from Cohen and Company Securities LLC, a global firm headquartered in New York. However, sources have revealed to CNS that the bid was not one recommended by the Central Tenders Committee. “The proposal that was accepted was extremely competitive,” Premier McKeeva Bush said in the statement.
“The solution from Cohen and Company enables the government to benefit from the current very low interest rate environment while limiting our maximum interest rate over the entire life of the facility. This structure was the lowest rate among all of the fixed interest rate solutions presented to the government from firms who could deliver the funding to the Government on time,” the premier said.
Government says it has secured the required bridge financing and the bond arrangement process is underway, but the terms of the long term financing are still being finalised as this depends on actual market rates on the day.
Bush said that last year government had secured financing at a rate of 5.95% but as a result of the low interest rate climate it was able to secure a much lower cost of funding this time. Though the likely rate has not yet been revealed, Bush said it was competitive because of the “highly competitive nature and innovative solution offered by Cohen and Company.”
Cohen & Company is an investment firm specializing in credit related fixed income products and investments which is listed as a public company on the New York Stock Exchange. The firm manages approximately $10.6 billion in fixed income assets in a variety of asset classes, including US trust preferred securities, European hybrid capital securities, Asian commercial real estate debt, and mortgage- and asset-backed securities.
Stuart Sugarman, Senior Managing Director of Cohen and Company, said that the firm was pleased to be involved in providing financing to the Cayman Islands Government. “We were particularly pleased to be working with the Cayman Islands as a well respected and high grade jurisdiction to assist with this financing which will in part fund important infrastructure projects in the Cayman Islands,” Sugarman said.
However, according to CNS sources, the firm is believed to have connections to the ruling United Democratic Party via Peter Young, its treasurer and business partner of the minister for health. When asked by CNS if he had involvement in the firm, Young did not deny a connection which is believed to be with Cohen’s Cayman based entities. This evening government said that Young had no involvement at all with the financial arrangements between government and Cohen and Company.
However, the selection of Cohen and Company was not recommended by the Central Tenders Committee. The CTC closed the invitation to tender to provide long term government financing on 9 September as it had expected to draw on half the loan amount by 24 September.
In today’s statement from the premier’s office there was no mention of the CTC’s recommendations and CNS understands that it had recommended that government select a joint venture by two local banks. It appears this bid was rejected by government in favour of Cohen and Company.
Concerns of irregularities in the decision to choose Cohen had been raised in a number of quarters and the opposition had before today’s announcement submitted a parliamentary question to government, to be asked at next week’s sitting of the Legislative Assembly, regarding the loan.
Alden McLaughlin had asked if government had secured the necessary financing for the US$185,000,000 of approved borrowing in the 2010/2011 budget and, if so, from whom and on what terms? Following today’s statement, McLaughlin told CNS he had concerns that the proper process had not been followed.
“I have very grave concerns that the government did not follow the proper process and has not selected a bid recommended by the CTC and instead has chosen a financing package from another source,” he said.
With revenue levels still falling short of expectations, government has been struggling to meet day to day expenses. The loan is intended to help it meet payments on capital projects such as the schools and the government office accommodation building, as well as various investments in statutory authorities, including the Turtle Farm and Cayman Airways.
Selita steals the show in Kanye West music video
(Daily Mail): Kanye West must have great faith in the attention spans of his fans. The rapper has just unveiled an epic 34-minute music video – more than ten times the average length. Sensibly he has included something to hold their attention – a near-naked underwear model. Former Victoria’s Secret model Selita Ebanks wears nothing but feathers and a tiny set of underwear for much of the short film. Kanye directs and stars alongside the model in the arty music video, designed to showcase some of his newest songs. The plot sees a comet hit Kanye’s Lamborghini, with a beautiful injured phoenix, played by Selita, emerging from the wreckage. The hip-hop star is seen tending to the phoenix, and in one scene takes her to a fireworks show.
Reggae singer Gregory Isaacs dead at 59
(Voice Online): The world of reggae is in mourning following the death of Gregory Isaacs earlier today (Oct 25) after the star lost his battle with cancer. The Night Nurse singer passed away at his London home, aged 59, surrounded by family and friends. Isaacs, who was diagnosed with lung cancer a year ago, had been traveling around Jamaica before returning home to London this summer to spend time with his wife, Linda, and his family. His wife said: "Gregory was well-loved by everyone, his fans and his family, and he worked really hard to make sure he delivered the music they loved and enjoyed. He will be greatly missed by his family and friends." Isaac’s 1982 album Night Nurse, recorded at Bob Marley’s Tuff Gong studio, reached number 32 in the UK.
He was best known for his silky smooth vocal, ultimately coining the 59-year-old the title ‘Cool Ruler.’
An unheeded warning
There were many people who raised the alarm about the plight of the country’s most vulnerable in the wake of the constitutional compromise made over section 16 and the right to non-discrimination. Not enough people listened, however, and as the HRC and Equality Cayman warned, one year after the implementation of the constitution legislation regarding people with disabilities is a long way off.
The immovable intolerance of the church representatives over their objection to any kind of rights being given to homosexuals or transgenders was so powerful they managed to ensure that many others with varying degrees of vulnerability would not have the right to be free from discrimination either.
It probably comes as no surprise that more than eighteen months after the legislative sub-committee’s report was given to government no proposed legislation to protect the disabled has materialized.
We were warned that this is exactly what would happen and why the Cayman Islands Bill of Rights needed a powerful anti-discrimination clause – government simply could not be trusted to pass the necessary meaningful legislation.
The Human Rights Committee and Equality Cayman in their campaign to have section 16 apply to all areas of public life were wiser than the rest of us. They knew that the government would continue to drag its feet when it comes to implementing real and far reaching legislation that could genuinely create a fairer and more equitable society for those suffering both physical and mental disabilities.
The implementation of the Bill of Rights, which forms part of the Cayman Islands Constitution 2009, in two years time will only protect those with disabilities in the parameters of the areas covered by the Bill of Rights, such as the right to a fair trial, but it won’t give the right to have wheelchair access to the courtroom.
There are so many areas of public life denied to those with mental and physical disabilities and an opportunity was presented with the implementation of the Constitution but because of outdated prejudices and bigotry over sexuality the moment was lost.
The irony, of course, is that those who profess to care for the weak and the vulnerable, the ones who teach the lessons of love and compassion and selflessness from the pulpits every Sunday, are the ones that have condemned thedisabled to be at the mercy of fickle political administrations.
Their homophobia and obsession with sexual sin has brought us to this point where, at the end of the first decade of the 21st century, the disabled in Cayman are not much better off than they were at the end of the first decade of the 20th.
Governments can never be trusted to get to grips with legislation that isn’t a big vote winner or income generator, especially in difficult economic times. The chance was there to force the government’s hand to enact legislation to protect the disabled with section 16 in the Constitution – the chance to demonstrate that the people cared enough to enshrine rights for those who are the most vulnerable in the highest law of the land.
But the moment was lost and because the church was so repulsed by the idea of two people, who might love each other but happened to be of the same sex, having an official union of some kind they were prepared to sacrifice the elderly, the sick, women, children and, of course, people with disabilities.
Some time ago the charismatic and most definitely Christian Arch Bishop Desmond Tutu gave an interview with the BBC in which he lamented the church’s obsession with people’s bedroom habits and in particular homophobia. He pointed out that the church as an institution seemed to care less and less about the incredible inequalities in the world and the desperate plight of the poor and vulnerable. He said its leaders spoke little against a structural system that allowed two thirds of the world’s population to live in abject poverty but it ranted and raved about gay marriage and homosexuals being ordained constantly.
Here in the Cayman Islands the church’s protest against section 16 was strongly linked to homophobia. The irrational and illogical obsession with the issue of sexuality has landed us here with still no protective legislation for those that need it most and no real protection in the Constitution either.
Perhaps the church could now at least try and redeem itself by a supporting a campaign to get the necessary legislation passed to protect those which it exposed. After all we can live in hope.
Walkman ejected for last time
(BBC): Sony Walkman (Senior) has reached the end of side two. Its batteries have run out. The rewind button is broken. Lovers of music overlaid with hissing have reacted with sadness to news that Sony has ceased production of its celebrated portable cassette-playing audio device. It is survived by its neater, slicker, more junior MP3 descendent. But the Walkman will be fondly remembered as the contraption which transformed listening to music from an activity conducted principally in one’s own living room, perhaps with glass of brandy in hand, to a means of irritating other people on public transport.
Legal cries foul over FOI
(CNS): The publication of a freedom of information request by a local attorney in the local press, which revealed that the legal department has failed to prosecute more than forty criminal cases of over the last five years, has drawn the wrath of the Solicitor General’s Office. The FOI made by Peter Polack shows that, as a result of the statute of limitations, a list of crimes, of which no details were given, have never been prosecuted because the authorities did not take the cases to court within the six month deadline from the time the alleged offences were reported. On Friday afternoon the legal department denied having control over the time files take to come from the police.
The facts of the FOI were published as the lead article in Friday’s edition of The Caymanian Compass. The solicitor general accused the paper of “bringing the Cayman Islands system of justice into disrepute” in the story, which was based on the details of what is now a public document.
The FOI was actually granted by the RCIPS as opposed to the legal department because, Polack told CNS, it appeared that the legal department did not have the records on any of these non-prosecuted cases, despite being the body responsible. The police gave Pollack a list of dates indicating 43 unprosecuted criminal cases and two traffic offences, all of which had run out of time.
Pollack said he believed it was incompetence that had resulted in these cases being irreversibly jeopardized and someone should resign. “Perhaps what is of greater concern is the deafening silence in the legislature on the matter of oversight and audit of the legal department,” he added.
In the Compass article the RCIPS explained that cases are statute-barred when officers are unable to complete their investigation and bring charges within the stipulated period time-frame.
“There are many reasons why an officer may be unable to complete the case within the permitted time, for example, being unable to trace witnesses who have left the jurisdiction,” the police spokesperson said.
The Compass said it had attempted to contact the Solicitor General’s Office before the article appeared to establish whose responsibility prosecuting these offences is, but the office did not respond by press time.
Solicitor General Cheryll Richards then released a critical statement late on Friday afternoon suggesting that the article was a misrepresentation of the facts and that the process of prosecution requires a comprehensive criminal file to be submitted to the legal department.
“From time to time, the department has been compelled to advise the RCIPS that the matter cannot proceed because the time prescribed by law, within which charges can statutorily be laid, has elapsed,” the solicitor general stated. “When a submitted file is statute barred, a public prosecutor would advise the investigator of this legal position. It would be irresponsible and contrary to the law not to.”
The office said the legal department doesn’t have control over when a file is submitted for review after a complaint has been made to the RCIPS or an investigation conducted. “The time frame for completion of investigations is a matter for the police. We agree with the RCIPS spokesperson that there are many reasons which may be outside of the control of the police as to why an investigating officer may be unable to complete an investigation before the time period has elapsed,” the SG stated.
She also stated that the legal department “obviously could not properly have a record of files which have not been submitted for review,” hence why the RCIPS responded to the FOI, but the office said it remained puzzled why the legal department and the prosecution system had been misrepresented in the article.
FOI Repsonse – Statute Barred Cases, last five years
Statute Barred Cases In The Last Five Year Period, Dates Of Cases