Local News
CS suspensions costly
(CNS): Government is spending what could be millions of dollars annually on salaries for staff who are on required leave. A freedom of information request made by CNS last month to core government managers for the number of staff suspended from work, the reasons, the time period and the salary bracket has been largely ignored by most information managers but the handful that have responded offer a snapshot into how bad the situation could be. At Immigration alone, in addition to the recent announcements about the chief immigration officer and the director of boards being suspended, four other members of staff are on enforced leave, one of whom has been suspended for almost five years on a salary of over $45,000.
The only other government agencies with staff on required leave that responded to the request was the customs department, where three people are being paid to stay at home, and the Ministry of Planning, Lands and Agriculture, where one member of staff was placed on leave just two months ago.
According to the information supplied, all eight of these government workers have criminal cases pending in the courts.
The longest suspension is at immigration, where a person has been under investigation regarding work permit board irregularities since January 2010, earning an annual salary of $45,384. A second person has been charged with breaches of the immigration law and has been on leave for more than two years, having been suspended on full annual pay of over$34,500 since August 2012. A third employee at immigration on the lowest salary of $32,880 was suspended in August of 2013 and faces charges of burglary. The fourth was suspended this July on a salary of over $42,500 while they await a court case relating to charges of assault and threats to kill.
The immigration bill alone for staff on required leave, even without the recent addition of the two larger salaries, is already well in excess of $350,000.
The customs department has three members of staff on leave who have been charged with undisclosed criminal offences. Two have been on full undisclosed pay for a period of between two and four years, while a third has been on leave for over one year. Given that customs officers earn around $40,000, the bill for the three members of staff there could easily exceed $200,000, not including their benefits. Meanwhile, just one member of staff at planning was placed on leave in October on full pay as a result of a criminal allegation but the salary amount was not disclosed.
Only five other entities have responded so far indicating that there were no employees from their offices who had been suspended. However, CNS is pursuing the request, which is now past the thirty day deadline and has asked the Information Commissioner’s Office to intervene to help extract the information.
It is understood that the prison service, the RCIPS and in particular the education department, among others, all have staff that are being paid not to come to work for a number of different reasons.
Check back to CNS for more on this story in the New Year as we attempt to piece together the government's salary bill for staff that are being paid to stay away for their jobs.
Data protection bill faces human rights challenges
(CNS): Plans by government to introduce a data protection bill next year remain in question as human rights experts say the final draft of the proposed legislation falls foul of Cayman’s Bill of Rights. The chair of the Human Rights Commission has warned that the draft law is too complicated and most people will not be able to understand it. The final consultation period on the bill is now closed but HRC Chair James Austin-Smith said the commission wants to see more effort placed on public education because, unlike the FOI law, this legislation applies to the private sector as well as public service. Since it will impact the wider community, everyone needs to understand just how significant it could be and what could happen if they breach it, unwittingly or otherwise.
In its submissions on the proposed law, during what has been described by officials as the final consultation period on the final draft of the law, the HRC said it still has significant concerns about it. The HRC has pointed to the complexity and warned that efforts to simplify it have seen many of the fundamental protections removed.
The commission has raised concerns about the removal of a right to trial in some circumstances and the fact that the law is based on an outdated 1995 European Directive that doesn’t account for the advances in communication technology. The HRC also points our that, given the significant fines and draconian punishments proposed in the bill, it presents major human rights challenges.
While the law is based broadly on the English and Welsh Data ProtectionAct 1998, albeit with significant changes, the HRC said it creates a number of difficulties for the Cayman law. That UK law has come in for major criticism because it is already way behind the times when it comes to the internet and social networking.
“There have been huge advances in information technology and globalisation which have impacted data retention since 1995. As a result, in 2012, the European Commission announced a new draft legislative package to regulate data protection,” Austin Smith wrote on behalf of the commission, noting that it will be sometime next year when that new law emerges.
While the Data Protection Working Group has tried to anticipated amendments, if Cayman enacts legislation ahead of the changes it will need to be redrafted if the authorities here want to remain in line with the European model.
Basing the local legislation on what Austin-Smith described as “convoluted and complex legislation even for lawyers” does not bode well for the man in the street.
“The HRC remains concerned about the way in which this legislation is drafted and it is envisaged that the broader community will have great difficulty in understanding, and therefore fulfilling their duties, under the Revised Bill should it become law,” he warned.
The HRC believes that in an effort to simplify the complex law in this latest draft the working group have removed some “fundamental protections” creating “significant human rights concerns” and giving enormous power to the data protection commissioner, who, it is anticipated, will be the information commissioner.
Section 51 of the revised bill provides for a sentence of imprisonment of up to 5 years for breach of its terms. The HRC described it as a draconian penalty, but the real human rights concern is the removal of a right to appeal, forcing aggrieved parties to seek judicial review.
“This is an extremely regrettable provision. It means that the ‘appeal’ process in Cayman will be expensive and time-consuming. Lawyers will almost certainly be required. It also, effectively, introduces a reverse burden of proof requiring the aggrieved applicant to demonstrate that the Commissioner has acted contrary to the principles of lawful administrative action,” Austin Smith wrote.
The revised bill also states that the commissioner can certify to the courts that a person “shall be deemed to have committed an offence” if they fail to comply with his or her enforcement. “This is a quite extraordinary provision,” the chair said in the HRC submission.
“It effectively allows the commissioner, acting as prosecutor, to certify guilt and send a person for sentencing – removing the right to a trial. This provision is fundamentally contrary to all accepted international human rights norms, various international treaties and Cayman’s own Constitution. The HRC urges the DPWG to remove this provision from the Revised Bill and introduce the right to a trial for those accused of a breach of the law.”
Although government officials at the start of the last public consultation, which is now closed, noted that this was the final draft for discussion, it may still change before it goes to Cabinet and before it becomes a white paper.
The submissions and comments made over the last two months by interested parties and stakeholders will now be considered by the data protection working group who may still make significant changes before the law goes before Cabinet next year.
See the HRC submission and the draft law below and for more information visit dataprotection.ky
Cubans take refuge on East End beach
(CNS): Local authorities are said to have waived the usual rules for Cubans landing on local shores and allowed 26 migrants who arrived in East End in a homemade wooden boat last week to wait out the bad weather on the beach. Four women and 22 men were given food and drink by members of the public and were allowed to use the cabanas as well as other facilities on the district's public beach at Colliers and were not detained by immigration. The relevant authorities have not yet supplied any details about the arrival of this group or the humanitarian decision to allow the men and women to take refuge without being subject to repatriation as normal. (Photo Peter Polack)
It is not clear if the group has resumed the treacherous journey. According to local lawyer Peter Polack, who spoke to them, the migrants said they were from Camaguey and were four days into their journey when they took shelter in East End. It is understood the group made camp and slept in the cabanas.
The last group of migrants to pass through Cayman waters arrived last month, when 18 men and women stopped in the Sister Islands. Three Cubans had ended their journey in Little Cayman. They were travelling in an 18-ft, wood and metal vessel with a small engine. Prior to their arrival at the beginning of the month, theimmigration department repatriated 24 refugees from the detention centre in George Town.
GT primary and Brac high students top spellers
(GIS): Cayman Brac’s Layman E. Scott High School (LESHS) narrowly defeated John Gray High School to win the Lions’ Secondary School Spelling Bee last week. Individual spellers Gabriella Ritch and Dilan Tatum, both from LESHS, and Aaron Fernandes from John Gray took first second and third in a final where they battled it out with Thomas Sevik of LESHS, as well as Alec Harding and Toni-Ann Daley of John Gray.
At the primary level, George Town prevailed over five competitors to take top honours in the R.B.C. Royal Bank (Cayman) Limited Primary School Spelling Bee. Prospect Primary placed second and Bodden Town Primary third in the school rankings.
Amare Hamilton of GTPS placed first among individual spellers in the primary bee, followed by Deidre Edwards of BTPS in second place, and Jelani Hanson, also of GTPS, in third place. They beat out : Jemma Watson of GTPS; Aria Gooden of SJAPS; Everton Spence and Brianna Ebanks of Prospect Primary; Kadre Williams of Cayman Academy and Thaddeus Solomon of Savannah Primary in the final.
“We are delighted at the high calibre of performance and preparation byall participating schools. This means the students, guided by their teachers as well as parents or guardians, put in hours of hard work and quality effort,” commented the Education Department’s Senior Customer Service Manager, James Watler. “This is why we view all participating students as winners. They should all feel proud of their accomplishments. And of course, the top scorers deserve all the accolades that they receive,” he added.
Court bids farewell to rolled over guard
(CIJA): Public service that went beyond the call of duty was honoured on Wednesday 10 December, when a court security officer was feted in a farewell ceremony attended by the judiciary and staff of the courts. Headed by Chief Justice Anthony Smellie, court staff and the judiciary gathered for the farewell ceremony in honour of departing security officer, Emelson Principe, who had served at the courts for four years. Returning to his native Philippines, he is departing in fulfillment of an immigration requirement. Speaking on behalf of judiciary and court staff, the chief justice said that Principe was the “embodiment of service.”
The departing officer was honoured for his dedication above and beyond the terms of his job, the Chief Justice said, noting that, as one staff had observed, they had never heard the word “no” from him.
Court Administrator Kevin McCormac said, “Emelson was the epitome of service; both as a security officer and as an acting court marshal, he was efficient, dedicated and considerate – nothing was ever too much trouble for him and he consistently performed his duties to a standard over and above that which could reasonably have been expected. We will all miss him very much.”
As a coincidence, on the eve of his departure, just hours before the ceremony, Principe had jumped in to apprehend an offender who had tried to escape as he was being brought to appear in court.
Security Officer Principe was appointed acting court marshal 18 months ago, acting as and when required. As a mark of respect for his dedication, staff from all levels of the court, including judges and magistrates, joined in the widely attended ceremony.
The chief justice presented an engraved clock and a monetary gift to which many people had contributed. Chief Justice Smellie said how sorry he was about Principe’s mandatory departure and that he hoped that he would return in a year’s time.
Principe served as part of the court’s security detail provided by National Security Services Limited. In December 2013 he had also received an award for outstanding service to Judicial Administration.
One third of Passport2Success students land work
(CNS): Organisers of the government sponsored training course for young unemployed people said that 33% of students on the latest course secured work before it was over. With unemployment among Caymanians still high, with anecdotal evidence suggesting the battle for work is getting increasinglydifficult, twenty young people graduated on 1 December, the 15th cohort of Passport2Success (P2S), a training initiative that helps to prepare people for the workplace. They were the third group this year to complete the 12-week programme and Programme Coordinator Shannon Seymour said many had raised the bar this time.
“The graduating group have demonstrated their commitment to learning the skills that will secure employment and help them to maintain employment, with 33% of the graduates securing full-time or part-time employment prior to the end of the programme,” she said.
Proving to be a popular and successful course, on average 85 per cent of participants complete the programme, with approximately 35 per cent having already secured employment by graduation, and 61 per cent within a year of graduation. In the 12 months post-graduation, 18 per cent of graduates also report furthering their education.
Participants engage in practical hands-on training in occupational, personal and job-specific skills. They participate in work placement, an opportunity to impress potential employers and provide volunteer work through community service hours. Now in its fourth year, organisers said P2S has prepared over 355 young Caymanians to enter the workforce with professional-level competencies and renewed confidence.
Employment Minister Tara Rivers said the programme was about developing the soft skills and gives them a competitive advantage.
“The Passport2Success programme provides an excellent opportunity for young people to develop professional skills and build confidence as they enter the workforce,” she added.
Sponsors who contribute to the programme’s success include Webster’s Tours, Butterfield Bank and Kirk Freeport. Butterfield Bank opened savings accounts for each of the participants and taught them about personal finance; Webster’s provides transportation to participants to attend classes and for group excursions during the programme; and Kirk Freeport provides gift bags for the special awards at every graduation and helps to teach participants about dress and grooming in the workplace.
For more information regarding the P2S programme, as well as application forms and start dates for the next cohort, visit www.passport2success.ky or Passport2Success Cayman Islands on Facebook. The programme is a Ministry of Education initiative delivered through the NWDA and is sponsored by Butterfield Bank and Webster’s Tours.
Local spending survey set
(CNS): Government will be starting a household survey in January requiring those selected to report on their spending. The aim is to gather information from a range of families with different income levels to assess what proportion of Cayman residents’ income is spent on what and the country’s economic well-being. This will enable the government to modernise the cost of living basket, understand spending behaviour and consumption, as well as measure the spending gap between rich and poor. Fourteen hundred homes will be randomly selected for the survey which will take more than a year to complete with the final results and report expected at the end of 2017.
Finance Minister Marco Archer announced the details of Household Budget Survey (HBS), Friday, and explained the importance of gathering the information on the spending habits of the country. “HBS 2015 is very important as it provides a comprehensive source of information on the country’s household sector,” he said. “As we continue to monitor GDP growth and the other macroeconomic indicators, it is equally important to look deeper into the economic condition of households through the HBS.”
Officials from the Economics and Statistics Office said the random sample would cover a range of income brackets to establish a clear picture of what the population spends their cash on.
This will take into account bills for water, electricity and groceries as any other purchases made during the time of the survey. The survey will take into account what segments of expenditure change for those living in the bottom ten percent of the income range through to the top ten percent selected along with how consumption of goods and services are affected.
The last household budget survey took place in 2007 around the same time as the National Assessment of Living Conditions, that established a controversial poverty line in the Cayman Islands. Among the issues this comprehensive survey will also see how much the gap in income ranges and spending ability has widen between those at the top and bottom of the socio economic pile. In 2007 the gap was already exceptionally significant with those at the bottom of the pile having a per capita consumption of just $5,410 while those at the top enjoy a per capita spending rate of $72,251.
“We need the HBS to update the consumer price index (CPI) basket of goods and services. This is the most popular use of the HBS and the CPI is the most commonly used statistic in Cayman; mainly for cost of living adjustment,” Archer said at a press briefing to announce the survey.
The total annual consumption of goods and services estimated seven years ago was $1.3 billion. The overall per capita consumption was CI$23,774.
Those selected will be legally required to participate in the study as stipulated in the Statistics Law. Officials stressed that all information collected is to remain absolutely confidential and outside of the ESO. Data collected will not be used to create new taxes for households or businesses.
Of the 1400 houses selected, one hundred and twenty will be surveyed each month. The designated head of the home will need to keep receipts or record the families spending habits in jotters provided by the surveyors who will be visiting local homes.
The data will be used by numerous groups including the Electricity Regulatory Authority, to inform them about any future fuel price increases requested by CUC, while the public service pension board will also use the information to keep civil service pensions in line with inflation. The data will help inform the needs assessment unit of the income level to screen qualified recipients and immigration to grant work permit holders permission to bring their dependents.
The results will also as a benchmark for the countries spending habits and ability to spend. The private sector will also be able to use the data to determine realistic salary levels and employees as a bargaining tool for a pay rise.
Archer also explained the results of the survey will provide government with information on how investment is converted to jobs and consumption in the local economy and understand the country’s spending power and trends.
Former COO at C&W takes on e-gov challenge
(CNS Business): TheCabinet office has appointed Ian Tibbetts to take on the task of dragging the Cayman Islands Government into the 21st century and help it provide many more services via the internet. A former chief operating officer with Cable and Wireless with extensive communications experience, the new director of e-government has been given the challenge of getting public services online and meeting the policy objectives to cut the cost of service delivery and make CIG more effective and efficient. Having taken up the post at the beginning of this month, Tibbetts will lead the development of technology and systems in the public sector to allow people to do business with government, including the financial services sector. Read more on CNS Business
Post office picks up pace for seasonal rush
(CNS): The Cayman Islands Postal Service will be accommodating customers’ collection of Christmas packages this year by extended business hours to 7pm on weedays at the Airport Post Office from 20 to 24 December. The service has also produced a new set of Christmas stamps depicting local places of worship the South Sound Community Church, the Stake Bay Baptist Church, and the Little Cayman Baptist Church, illustrating the importance of the church in the Cayman community and in particular at Christmas time.
While Cayman first day covers are always sought after by philatalists, this year the stamps come in self-adhesive booklets for practical use as well.
This stamp issue reflects the local rate of 25¢ and for the first time and follows on from the Sister Islands Traditional Homes stamp collection.
“This Christmas stamp issue embodies that same theme. These buildings depict places of worship and symbolize peace, both of which are also representative of the meanings of Christmas,” said Postmaster General Sheena Glasgow.
Officials are also reminding people to collect parcels, EMS or small pack items received by the Cayman Islands Postal Service by 23 December. The Customs Department requires all packages that need to be assessed to have an invoice, which may be emailed to parcelpost@gov.ky or faxed to 345-945-6876.
Customers should also include the following information with their invoice: The item’s tracking number (13 character number in the format of XX000 000 000 XX). The tracking number is essential to match the invoice to the package. The addressee’s name and postal address. The addressee’s email address (if available).
To further assist the CIPS, customers may submit a Watch For Request (www.caymanpost.gov.ky) for any item with a tracking number. If the request includes a valid email address, the notice will be emailed to the customer as soon as the item is ready for collection.
See the CNS Noice Board for post office extended hours.
For more information on the stamp issue please contact the Philatelic Bureau at 946-4757 or the General Post Office at 949-2474 or visit the CIPS website – www.caymanpost.gov.ky
Customs collector latest to receive DG’s gong
(CNS): While the administrative arm of government faces a rocky time regarding the recent revelations in the prison service, the immigration service and the Royal Cayman Islands Police Service, one enforcement agency in government is celebrating. Assistant Collector of Customs Gidget Powell was named Employee of the Month for October and the latest civil servant to receive one of the deputy governor’s motivational gongs. She was described as the model civil servant of more than 26 years “professional, proficient, knowledgeable, courteous and compassionate.” An airport Manager for Customs on Grand Cayman, she is on-call and available for work 24/7.
As a manager her staff said she consistently leads by example and encourages them to better themselves. Officials said she had an innate pride in her department and superb work ethic, and her superiors routinely receive spontaneous accolades from the public and other government agencies on her work.
Presenting Powell with the award, Franz Manderson, the Deputy Governor, lauded her high calibre of professionalism and the leadership qualities that she displays in all aspects of her work life. He also praised her for steadfastly upholding the department’s mission, which is to collect and protect revenue, facilitate passengers and legitimate trade, as well as to maintain effective border security.
Powell surprised by the gong said she was grateful to all who thought she deserved it. “This has certainly encouraged me to redouble my efforts in the service of my department, my colleagues, and the Cayman Islands Government as a whole,” she said.