Archive for May 6th, 2011

CS needs clarity on petitions

(CNS):The constitutional commissioners called on government on Friday to clarify the position of civil servants when it comes to signing petitions and engaging generally in political activity. With the introduction of people initiated referendum in the new constitution, which requires the signatures of 25% of the electorate, it is still not clear whether civil servants are allowed to sign petitions that may be used to trigger national polls. Although the Public Service Management Law says civil servants are expected to remain politically neutral in terms of their work, it doesn’t provide any real details defining political activity, or policies offering clear directions on the limits of participation.

The issue is gathering increased attention as a number of petitions are currently circulating in Cayman that could eventually be used to trigger a referendum. The question of the participation of public sector workers has been raised because of the significant number of voters that work directly for government or for public authorities.

Before the implementation of the PMSL (the new law that now governs public sector workers) and before the advancement of the constitution, the General Orders governed their conduct and that did prohibit civil servants from signing petitions.

In response to a Civil Service Association request in April 2008 the Chief Secretary’s Office issued orders saying civil servants could not take part in “any public demonstration or event that can be construed as objecting to any actions or proposals by the government of the day,” but this response did not refer to any particular statutory provisions.

“The Cayman Islands Civil Service deserves to be provided with clearly defined policies detailing any limitations or restrictions on their rights to freedom of expression and the freedom to be politically informed,” the constitutional commissioners have said with regards to their recent examination of the issue. “The commission recommends that the Head of the Civil Service meet with the Civil Service Association to formulate appropriate guidelines regarding involvement in political activities.”

The commissioners have called for details specifying the existing limitations, such as the prohibition on running for public office, as well as defining the nature of political activities contemplated by the PSML and addressing the current ambiguities.

In its latest findings the commission has pointed out that there is a balance to be found between the exercise of democratic values, such as freedom of expression, with the professional neutrality of a civil servant. However, the commissioners also note that restrictions on civil servants when it comes to participating in issues of national importance could undermine their democratic rights and freedom of expression which is held by all regardless of whether one works for government or not.

The commissioners also pointed out the potential different circumstances of the several thousand workers that had to be considered and the modernization of government, which is moving away from the past secretive method of governance.

“In practice, the relative power and influence of senior officials varies from government to government, and with the character and experience of the officials and their ministers,” the commissioners stated. “Modern developments, including freedom of information, less deferential media and more assertive citizens, are making the workings of government more open and transparent, moving away from the ethos of secrecy previously nurtured by the Official Secrets Act and General Orders. Other jurisdictions are actively promoting a more open sharing of governance issues and allowing more freedom for civil servants.”

The constitutional guardians also raised the issue of what type of public sector worker needs to be restricted from political activism as in some jurisdictions none of the restrictions on civil service political activism apply to workers lower down the pay grade.

Although more senior officers in the UK are restricted from holding office in a political party or making public speeches on matters of political controversy articles, canvassing for candidates or running for office, civil servants in the industrial and non-office grades are known as the “politically free” category and they can take part in all political activities.

The commissioners also found that in the UK there is discretion to permit other staff to take part in local or national political activities in accordance with prescribed guidelines. When the commissioners contacted the Scottish Parliament it confirmed that anyone, including civil servants, can both present and sign petitions.

“Having regard to the advancements made for more openness and transparency in a democratic society, it is now timely that the question of the level of involvement in political activity afforded to civil servants is clarified,” the commission stated, adding that the local context for Cayman was important but the size of the jurisdiction shouldn’t undermine the rights of civil servants to know where they stand.

“While it may be argued that the size of the jurisdiction is an important factor to be considered, it can also be argued that providing clear procedure and processes and promoting open, respectful communication is essential in establishing good governance no matter how large or small the populace is,” the commission stated.
 

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‘UDP punishing students’

(CNS):The current government is punishing the country’s high school students in its efforts to vilify him over his goal to develop state-of-the-art high schools, the former education minister has said. Opposition Leader Alden McLaughlin said the continued delay over the completion of the high schools, and in particular John Gray, was a political choice. Last week the current minister, Rolston Anglin, said he could not say with any certainty when the new George Town based high school would be finished as he did not know if government would have the money. However, McLaughlin described this as ‘a red herring’ and said it was nothing to do with money but simply a desire to use the schools as a weapon against him.

In the wake of the dispute with the original contractor, Tom Jones, Anglin had stated that government did have the money for the schools and that the dispute between government and the general contractor was down to mismanagement and not a financial problem as the contractor had claimed.

Nevertheless, since the negotiations with the UK over the three year plan to get public finances on track, the current education minister has been blaming the FCO for the lack of funding to finish the high schools.

McLaughlin said, however, that given that government had just drawn down on the $185 million loan and had begun other capital work projects it was obvious there was money but the schools were just not a priority for the UDP government . He said that the conditions at John Gray were “truly depressing” for the students, fuelling learning problems and anti-social behaviour. The opposition leader noted that it was in the interests of the students to provide them with proper learning environments but in order to “avoid monuments to Alden”, he said the government was deliberately stalling completing the schools and punishing the students as a result.

“The reality is completing the schools has never been a priority for the government,” he said. “The question they have asked themselves is do we spend money completing the high schools started by the last administration or pave people’s driving ways, build the Hurricane Hilton and start the primary school project instead.”

McLaughlin suggested that on top of the lack of political will to finish the schools, the dispute with the contractors, the introduction of a new project management team and sub-contractors as well as changes to the design have also caused delays and increased in costs.

The decision not to build kitchens, which were meant to serve the hurricane shelter as well as the school population, and bus food in instead also proved to be a poor decision, the opposition leaders said. Government is now adding stand alone kitchens to the sites, which he says may prove more costly that the so called gold plated kitchens which had been included in the original plans.

“All of this will no doubt be laid at my feet,” he said, as he addedwith a note of sarcasm, that he didn’t think there was a child even in Africa now that didn’t know he had ‘spent too much money on the schools’ trying to provide better learning environments for the children in Cayman.

The important issue, however, the opposition leader noted, was that two years on the government was further away from the opening dates of the schools than when he had left office last May and the country still had no date for when the schools would be finished. McLaughlin said it was almost a certainty that John Gray would not be finished before the current government’s term in office was up in May 2013 and he suspected that if there was a way to avoid the opening of Clifton Hunter before then the government would do so.

The aim of “continuing to beat me up with the schools”, he said, was leading to government missing the crucial point that in order to improve educational standards and better outcomes for the country’s students they needed schools which are conducive to learning. “We should get on and give our kids an opportunity to do well,” he added.

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