Archive for June 24th, 2013

Interim budget coming to LA

(CNS): The new government has issued a notice that it will be holding a session of the Legislative Assembly this Wednesday (26 June), when it is expected to bring a motion asking for the legislature to support its emergency spending package to take the new administration through until the second quarter of the 2013/14 financial year. The notice sent to all members on Friday evening had no motion or bills attached and, given the circumstances, government has not provided the required 21 days notice to other members. However, the email informed all members that the deadline for submitting their motions and questions had been extended to 9:00am on the day of the sitting.

The email noted that the session would begin at 10am but it was expected to run late into the evening.

The previous UDP administration developed a reputation for abusing the protocols of the House, with last minute notices of sittings, failures to circulate bills, motions and other House business prior to the sessions, as well as for starting well after the ten o’clock traditional start time, taking long breaks with the House, then discussing important bills late into the night.

The alleged abuse of the parliament was made most vociferously by the independent member for North Side, Ezzard Miller, and the opposition PPM. Noting the late notice of the session and the failure of government to supply information this week, Miller said, “The more things change, the more they remain the same.”

The government is expected to bring an emergency budget that will differ slightly from the first quarter of 2012/13 but one which will not yet incorporate any of the new government’s policy. Since taking office on 22 May, the new premier, Alden McLaughlin, first had to put together a solid majority government after his PPM won nine out of 18 seats. The other nine were divided up amongst all of the other groups — two independents, three UDP members, one PNA candidate and three Coalition for Cayman candidates.

The new government was immediately faced with two major issues: the first was the pre-G8 meetings in London and the need to satisfy the pressure from the UK for increased tax information sharing and the exposure of beneficial ownership of companies. The new premier led a delegation to London, where he also spoke with the FCO overseas Territories minister Mark Simmonds to lift some of the pressure on the CIG’s current budget restraints.

McLaughlin said he received a favourable response and also confirmed an extension to the CIG overdraft to ensure the government can make it through the first quarter of the new financial year, which is the government’s lowest revenue collection period. No figures have yet been revealed for the overdraft.

During the budget delivery Wednesday, which is expected to be delivered by the new finance minister and economist, Marco Archer, government will also be expected to deliver the unaudited expected results for the financial year end of 2012/13, which was predicted by the former premier and minister of finance, McKeeva Bush, to have a surplus of more than $80 million. However, it is understood that government will probably see a surplus of less than $50 million.

Continue Reading

Mission queried criteria

(CNS): Long before the challenge to Tara Rivers' election to office last month was filed in the Cayman Islands court, the election observers' mission had already said that some of the qualifications for candidates taking part in the election were unreasonable. Mario Galea, a member of the Maltese parliament and the head of the international observers' mission, pointed to both the period of residency required before the poll and the ambiguity over allegiance to another power or state, when so many people are born overseas as a result of medical need or because of Cayman’s multicultural community, where many locals are born to a parent who may be from elsewhere.

The mission noted in its preliminary report that the required “durations of residence in the Cayman Islands before the nomination appear to be unreasonably limiting the right to stand for elective office.” Speaking at a press briefing before their departure, Galea said the requirement was too strict.

in addition, the mission said they believed that the issue of dual passports was also troubling because it, too, could undermine the democratic process and because the ambiguity of the language in the constitution regarding what is allegiance through one’s own act had led to the Elections Office apparently treating people differently.

"The lack of clarity in the Constitution Order 2009 on what constitutes 'his or her own act' led the Elections Office, which has the authority to initially decide on eligibility of candidates, to make different decisions in similar cases. It should be noted that many Caymanians were born outside the Cayman Islands or to parent(s) with other citizenship and therefore either possess or have right to some other citizenship,” the preliminary report notes.

The international election mission is expected to submit its full report in July as the observers had promised to complete the full report within two months of the 22 May election. However, with the Rivers' case set to be heard, the report may not be ready in time for the courtroom showdown.

Rivers, the new education minister, who is required to have her submissions regarding the challenge filed with the courts by the end of next week, is fighting a challenge on both of the issues raised by the observers.

Although she is qualified to have a US passport by virtue of her birth in that country, it is not clear if she has renewed and used the passport since becoming of age.

Richard Christian, who had planned to run in Bodden Town on the PNA ticket with the former interim cabinet members, was prevented from doing so by election officials as a result of him holding and using a current US passport and his failure to renounce his US citizenship before Nomination Day. George Town candidate Sharon Roulstone, on the other hand, who also once held a US passport as a result of parentage, formally renounced her allegiance and gave up her US passport ahead of the national poll and was able to run with the C4C.

The residency situation is also ambiguous in Rivers' case as she was absent from Cayman in the seven years preceding Nomination Day. Between 2006 and 2009 she was employed as a legal associate with a London-based law firm. However, she was also studying while in the UK. Under the election law there are several exceptions to the requirement to be resident for seven years before an election, including being a student, though it is not clear if that also applies to those who are studying while in full time employment. However, Rivers may also be able to argue that her post in London was part of her professional legal training.

Kent McTaggart, another would-be candidate who had hoped to run on the Coalition for Cayman ticket, was disqualified by election officials in Bodden Town because of his long absence from the island prior to the election for medical reasons. However, because it was not his own personal health issue but a close family member’s medical requirements which kept McTaggart overseas, he was not allowed to run.

The issue of whether Rivers is or is not qualified to hold office will now be decided by the courts as both teams of lawyers argue the finer details of the elections law and the constitution.

Rivers was challenged in Grand Court on the final day of the three week deadline provided for any voter to dispute the qualification of an elected candidate. The challenge came from John Hewitt, the husband of Velma Hewitt, the UDP candidate who came in fifth in the West Bay race.

Rivers’ election to office, however, was emphatic. Running on the Coalition for Cayman platform, along with running mate Mervin Smith, Rivers polled 1,483 votes, more than 44% of the district, and voters were well aware that Rivers had been absent during the seven years prior to the election as it was reported in the local media. It was also reported that Rivers had failed to sign a voluntary declaration certificate relating to qualification, created by the Elections Office, before voters went to the polls.

Despite the democratic support that Rivers received in the district, where she was raised and still lives, the choice of voters could still be overturned if the challenger can prove she was not qualified in the first place. If the challenge succeeds, however, there will be a by-election as it will be difficult for Hewitt to argue that his wife would have been the recipient of Rivers' votes.

See election mission report.

Continue Reading