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Christian alleges official bias
(CNS): PNA candidate Richard Christian, who was prevented from running in the May General Election by election officials because he had an American passport, based on advice from the attorney general, has accused them all of bias. The would-be Bodden Town candidate said he believed he was qualified and the decision to eliminate him but not others from the political race showed favouritism, injustice, a violation of the law and double standards in government. Releasing into the public domain the letter he received, which clearly relates the AG’s Chambers' statement that obtaining and using any foreign passport as an adult constituted a voluntary act of acknowledging allegiance, Christian said he is now considering his options and filing a complaint with the Office of the Complaints Commissioner (OCC).
“The actions taken by both the AG’s office and the Election Office was clearly poor judgement and their decisions to be mute on the subject over the past couple of weeks shows the lack of accountability we still have within government,” he said in a formal statement issued Monday. “Despite the outpouring of support for Ms Rivers, the verdict has also left a large number of citizens concerned about the favouritism, injustices, violation of the law and double standards that is happening within government,” added the former Young United Democratic Party (YUDP) leader, who split from the UDP last year.
“As a result, I will be seeking legal advice on what course of action to take. I will be filing a complaint with the Complaints Commissioner to investigate the controversial and discriminating actions taken by the Election and AG office. I will also be writing to the Supervisor of Elections to encourage a new policy or process on how a returning officer can determine a candidate’s eligibility,” he said.
Christian was once a youth leader with the United Democratic Party but after charges against the UDP leader and former premier, McKeeva Bush, were filed, Christian, who was also the chair of the UDP’s Bodden Town Committee, left the party along with the district representatives at the time, Mark Scotland and Dwayne Seymour. He then put himself forward as a candidate with his colleagues under the new People’s National Alliance. However, as shown by the attached letter, the returning officer in Bodden Town disqualified Christian based on Section 62 of the constitution regarding his US passport, based on advice from the Attorney General.
Attorney General Samuel Bulgin has remained silent on this issue, with the exception of a short contribution during the Rivers legal case when he described the exception in the constitution for birthright to other citizenship as a “carve out”. This phrase was picked up by the chief justice in his ruling on Friday declaring that Rivers, despite having and using an American passport, was qualified as the document was not, in fact, an act demonstrating an acknowledgement of allegiance to a foreign power.
Christian aired his frustrations in his statement, noting that he was “confused and disappointed that the AG took no position on Ms Rivers’ case, despite the advice from his chambers on my case." He added, "Obviously he did not stand behind the advice that was given from his office to the election office, which ultimately assisted in the returning officer's decision to disqualify me.”
While Christian offered his congratulations to Rivers on her historic victory on Friday, he said that the chief justice’s ruling in terms of the US passport confirmed his position that he was a qualified candidate for the district of Bodden Town.
He said he was grateful the issue was resolved but “disappointed that the Election’s Office, with advice from the Attorney General’s (AG) Chambers, deprived me of the opportunity to also represent the only place I have known as my home despite my place of birth.”
In the wake of the ruling, the Elections Office issued a short statement that it was glad to see that the petition was resolved and the judgment had settled some of the previously uncertain issues concerning eligibility requirements.
“The Elections Office will be guided by this historic decision in the discharge of its duties in future elections,” the officials said.
See the disqualification letter from the returning officer and statements from both Christian and the Elections Office below.
AG in awkward position
(CNS): Despite being a co-respondent in the election petition heard in the Grand Court last week, the attorney general has remained largely silent on the question of Tara Rivers’ qualification. The government lawyer has also been quiet regarding the actions of the returning officer in West Bay who accepted the Coalition for Cayman’s candidacy on Nomination Day, whom he is representing. Although the question over the actions of the returning officer only arise if the chief justice finds that Rivers is not qualified, Attorney General Samuel Bulgin’s defence of those actions may prove to be a conflict, since his office is understood to have given the advice on which the Elections Office disqualified Richard Christian, a proposed PNA candidate in Bodden Town.
During the second day of the case Bulgin asked just a few short questions of Professor David Rowe, the expert witness called by the election petitioner, John Hewitt, when he gave evidence on why he believes that Rivers is not qualified and had shown allegiance to the United States by taking out and using an American passport past the age of majority.
Bulgin asked Rowe, who has given evidence in similar cases in Jamaica, if that evidence would have been different if the wording of the Jamaican constitution had included what the AG described as a “carve out” for those born overseas, as is the case with the Cayman Islands Constitution. Rowe was not able to give a definitive answer, however, as he said it would depend on many other issues.
Abraham Dabdoub, the attorney representing Hewitt, whose wife, Velma Powery Hewitt, lost the election, argued that thesection referred to as a "carve out" by the AG was not an exception. The expert in election petitions in the region also observed the AG’s failure to make any submissions during the three day hearing.
He said he was disappointed that they would not hear from the attorney general regarding his legal interpretation of the petition.
“It is a bit disappointing to hear that the learned attorney general has declined to make any submissions,” Dabdoub said. “I would invite him to contribute, however, as here is an allegation against a returning officer and this is a major constitutional issue." But it was clear that Dabdoub was well aware of Bulgin’s position, having placed a copy of the letter sent to Christian, which included the AG’s thoughts on the matter, into evidence.
During his closing submissions Dabdoub focused on the wording of Section 61 and that the so called “carve out” merely acknowledged the fact that people will have citizenship from another country because they were born there and, provided they don’t act on their right to dual citizenship, they can run for office.
Bulgin’s description of the section as a “carve out”, however, places him in a difficult position as he had already given written legal advice to the Elections Office regarding the question of Christian and the returning officer’s refusal to accept his nomination on the basis that he had applied for and had used an American passport past the age of majority. Christian, like Rivers, was born in the US to Cayman parents, and so is entitled to dual citizenship.
It is understood that Christian admitted that he had the passport but believed that the same section of the constitution was a carve out for him, hence his openness about the document. But the Bodden Town returning officer disagreed and the formal rejection of Christian's nomination is understood to have been set out in writing by the returning officer, who took advice from the AG.
However, Bulgin, who is a co-respondent on behalf of Delano Solomon, the West Bay returning officer, by his defence of the petition has not accepted any liability that the election official should not have accepted Rivers’ nomination.
It is not clear how Bulgin will defend the returning officer, who the petition alleges was derelict in his duties and did not make sufficient enquiries to establish if Rivers was qualified. It is understood that the officer offered Rivers the voluntary declaration form, which she refused to sign. Further enquiries about her qualification were allegedly made by the Elections Office.
Having already given an opinion of the disqualification of Christian, the attorney general has not been in a position to make any public defence over the qualification of Rivers, but nor did he make any moves before the election to recommend that she also be disqualified.
If the CJ finds against Rivers, who is now the education minister, in his anticipated ruling, then Bulgin may be forced to defend the actions of Solomon. However, if the country’s top judge rules that Rivers was qualified, the AG may be facing even greater legal difficulties with Christian possibly filing suit.
Kent McTaggart, a C4C member who had planned to run in the Bodden Town district, may also consider a suit regarding his own position. McTaggart made a decision to pull out of the political race ahead of Nomination Day based on information he received from the Elections Office about what wassaid to be his failure to meet the residency requirement in the seven years preceding an election – the second ground on which Hewitt brought his petition against Rivers.
Related articles on CNS:
Panton bankrolled PPM
(CNS): The financial services minister contributed a whopping CI$183K to the Progressives’ successful bid for office, making him the top donor in an election campaign that appears to have been financed largely by the candidates themselves. According to documents detailing the 2013 General Election expenses, Wayne Panton, the former partner with Walkers made the largest contribution but in most cases the candidates rather than wealthy donors were the source of much of the more than $1 million spent on campaigns in the eight weeks before the poll. The law only requires the candidates to detail their spending from Nomination Day to the election and declare donations over $5,000.
What candidates spend and collect before that time does not have to be revealed, but according to the details of the period in question, there were only a few campaign contributions made by wealthy individuals or corporate donors.
The PPM collected $10,000 from Caribbean Marine Services, party supporter Robert Watler gave $8,200, Gene Thompson chipped in $7,000, while Chris Johnson and John McKenzie gave $5,000 each. The rest of the party’s large donations came from candidates. Aside from Panton’s major contribution, Anthony Eden threw in almost $11,000, Joey Hew stumped up over $22,000, Kurt Tibbetts put in $10,000 and Ray and Jackie Farrington gave $5,000 towards the more than $336,000 the party spent.
The UDP gave no indication of any individual donors but listed receiving more than $45,000 from “National”, a collective $5,000 from the George Town candidates and $8,000 from the West Bay team. Meanwhile, the Bodden Town UDP hopefuls chipped in the most towards the UDP bill of some $225,000, with Theresa Lewis Pitcairn and Chris Saunders donating $10k and $6k respectively.
Only Rolston Anglin from the PNA admitted to a major donation of over five thousand, which was $12,300 from Marcus Cumber.
Stefan Baraud, who ran for office in George Town as an independent, revealed a collection of corporate and individual donations amounting to around $30,000 of the more than $60 that he collected. He received $5,000 from Baraud International, $6,560 from Rafiki Ltd and Jean Louis David gave $8,200. Mark Vendervelde gave Baraud his largest individual donation of $10,000.
For more on election expense see related story on CNS and visit the elections office website www.electionsoffice.ky
$1m spent by candidates
(CNS): According to the submissions from the 46 candidates in the May general elections who complied with the law and submitted their accounts to the Elections Office by the 28 June deadline, they collectively spent close to $1 million on their respective campaigns. The PPM, which fielded 15 candidates, ran up a bill of $336,808, averaging $22,454 per candidate, well under the $30,000 limit per head for party members, and the UDP spent a more modest $225,326.37, an average of $18,777 per candidate. However, while both parties had a shortfall between the money they spent and the money they raised, the PPM came closest to raising the full revenue of its campaign, with just a $18,456 gap, compared to a difference in revenue raised and cash spent by the UDP of $39,224.
The spending by independent candidates, who were allowed to spend up to $35,000 each, varied greatly, with the losing candidate in North Side, Joey Ebanks, spending the least at only $5,119.02, while Bo Miller exceeded his spending allocation with an election campaign bill of over $35,568.
Ten candidates failed to reveal their expenses at all, but the new supervisor of elections said there were no sanctions in the law regarding candidates who do not submit returns if they do not win. All of the candidates who were returned submitted their expenses but none of the ten who missed the submission deadline were returned.
Supervisor of Elections Wesley Howell told CNS that the Elections office is writing to Miller, who ran in George Town, to clarify his expenses to see if there was an error in his accounts that led to him to exceed the legal limit on any an individual campaign.
The results, which were published by the Elections Office this week, also reveal some interesting differences in the amounts of money some candidates managed to raise for their campaigns and the ones which were left to pick up the costly bill themselves, despite not gaining a set in the LA.
Ebanks, who spent the lowest amount, submitted that he raise no money at all and therefore used his own finances to fund his controversial campaign, which was conducted online and on the airwaves of Vibe FM. Meanwhile, his opponent, who swept to victory in the district of North Side with over 75% of the vote, spent $29,143.06 from the $29,500 he raised.
The lowest spend by a candidate who was actually returned was Juliana O’Connor Connolly, who ran to return to office in the district of Cayman Brac and Little Cayman. She spent considerably less than her two PNA colleagues in Bodden Town, Mark Scotland and Dwayne Seymore, who both spent just under $25,000 each, and her West Bay colleagues, Cline Glidden and Rolston anglin, who spent almost $29,000 each. O'Connor-Connolly, who joined the PPM after the elections and was appointed Speaker of the Legislative Assembly, laid out just $14,223.30 on her campaign, having raised some $14,195.00. Given that she now holds one of the top earning posts in government, O’Connor-Connolly achieved one of the best results for her campaign investment.
Shortfalls between revenue raised and money spent was common for several independents, including most of the C4C candidates. Jackie Haynes, who failed to win a seat in the capital, raised only $2,342.86 but spent $22,476.96, leaving her out of pocket more than $20k. Her colleague, Jude Scott, spent $25,342.76 on his campaign but received only $2,342.86 in revenue, leaving him with a personal bill of some $22,000. C4C candidate Sharon Roulstone managed to raise $9,194.29, but having spent almost $23k, she too faces a significant tab.
Meanwhile, Mervin Smith and Tara Rivers in West Bay both spent $24,399.49 each on their joint campaign, but having only raised $2,342, the bill for Smith is likely to be considerably more painful, since he failed to gain a seat. Both Winston Connolly and Roy McTaggart also had shortfalls in their revenue versus their expenditure, but having won their seats, the $19,000 shortfall for Connolly and the $10,000 for McTaggart, who raised the most money of all the C4C candidates, may feel like money well spent.
One of the most unusual expense returns was that of Stefan Baraud, who raised the most revenue of any candidate — a whopping $60,718.16 — but spent $34,375.52.
The campaign expense period only covers the eight weeks following Nomination Day, however, and expenses incurred before that date are not included in the expenses submitted.
Of the ten candidates who failed to submit their expenses, Matthew Leslie, who ran an almost entirely web-based campaign in George town, told CNS that he estimated having spent about $28,000. He said he had missed the submission deadline due to ill-health and intended to send in his expense account as soon as possible.
The other nine candidates who failed to reveal how much they raised and how much they spent were independents Frank McField in George Town, David Bodden and Maxine Moore in the Sister Islands, John McLean Jr in East End, Arnold Berry, Charles Clifford and Vincent Frederick in Bodden Town and both the independent candidates in West Bay, Dwene Ebanks and Andrea Christian.
Addition: Charles Clifford contacted CNS on Thursday to say that he had submitted his returns but had missed the deadline. He said that he spent $18,233 and raised $14,800 in contributions.
See details from elections office below.
Tourism minister heads to Miami for cruise line meet
(CNS): The deputy premier and the PPM’s tourism councillor are headed for Miami to meet with cruise stakeholders for talks on Cayman’s port development. In the wake of the numerous controversies surrounding the proposed cruise berthing development in George Town during the UDP administration, DP Moses Kirkconnell, who is the new tourism minister, has picked up the process which was placed back on track by the interim PNA minister Cline Glidden. With the new government having presided over the selection of PricewaterhousCoopers to prepare the business plan, following a competitive bid, the deputy premier said government needed to maintain the momentum with the cruise lines.
Kirkconnell is set to meet with FCCA officials and cruise line executives in Miami to continue talks. He will be accompanied by government back-bencher Joey Hew, who is working as a tourism councillor, and Chief Officer Stran Bodden, who has been overseeing the return to a proper procurement process after some four years of failed talks with three different developers.
The new tourism minister is expected to meet with representatives from Norwegian, Royal Caribbean and Carnival Cruise lines, the three main companies cruising the Caribbean, for intensive discussions on the way forward regarding the cruise berthing project and to encourage the cruise lines to keep Cayman on the schedules until the project is complete, according to a release from the ministry Wednesday,
“The Cayman Islands is still a highly sought after destination by cruise passengers but our lack of facilities and inability to provide a top-quality and seamless disembarkation experience continues to place us at serious disadvantage with the cruise lines,” said Kirkconnell, adding that, as a consequence, cruise officials were increasingly excluding the Cayman Islands from their schedules.
“We have known for several years that existing infrastructure is grossly inadequate to service the changing needs of the industry and having a clear understanding of these important stakeholders’ views is vitally important,” he said. “While this government takes the appropriate steps which will lead to the construction of the piers, I am hopeful that discussions with the key players will lead to the identification and agreement of strategies which will increase the quota of passengers to the Cayman Islands in the short to medium term,” the minister added.
The latest statistics from the tourism department confirm that cruise arrival numbers are falling to record lows. Just over 76,000 people came to the Cayman Islands via cruise ship this May, one of the lowest ever monthly figures since records began.
However, the prospect of cruise berthing facilities was given a boost earlier this month when government signed the financial services consultancy contract with PriceWaterhouseCoopers (PWC) on 2 July, following a transparent bidding process. Following that important step forward, the deputy premier said meetings with the FCCA would also serve as the precursor to PwC subsequently meeting with the individual cruise lines to ascertain the specific needs and requirements of this important stakeholder group.
Critical to the growth and sustainability of the cruise industry, the piers are also expected to deliver significant commercial benefits, including employment opportunities and increased economic activity derived from higher visitor numbers.
“With cruise lines typically formalising their itinerary schedules up to two years in advance, it is imperative that plans move ahead swiftly so that our Islands can be included in the schedules for 2015,” Kirkconnell said.
MoT seals consultant contract
(CNS): PriceWaterhouseCoopers (PWC) has won the bid to provide government with financial consultant services for procurement of a cruise berthing facility, specifically through a private public partnership arrangement, including the business case and financial tender documents. The tendering process began on 3 May under the former tourism minister, Cline Glidden, after three and a half years of bungling by his predecessor, McKeeva Bush, had left the country no nearer to acquiring a cruise port. The construction contract is expected to be awarded for the proposed cruise berthing project in 2014. Deadlines for each of these steps will be firmed up in the coming weeks, according to Chief Officer Stran Bodden (pictured signing the document).
The previous PPM government had begun negotiations with Atlantic Star to build a cruise ship dock and establish new cargo facilities close to the existing cargo centre. However. these negotiations stopped when the UDP won the May 2009 general elections and the new government’s plans for a cruise dock was put to tender.
DECCO, the Dart Group’s construction company, came out top in the first bid. However, the islands’ largest investor pulled out of negotiations with government when the parties reached stalemate over the period of time Dart wanted to lease the upland development area in order to recoup its investment.
GLF Construction was the next bidder on the shortlist, so when the DECCO talks collapsed, Cline Glidden, who was the government’s lead negotiator at the time, moved into talks with the Italian-based firm and their local partners, Royal Construction. Just weeks before the company was ready to mobilize, then premier Bush, going over the heads of the port board and his own back-bencher, announced his decision to terminate those talks as he did not believe GLF had the cash, and moved into negotiations with China Harbour Engineering Company (CHEC).
The Beijing-based firm, however, was not next on the list as it had never taken part in the original bid and the plans included considerable upland development that did not form part of the original tender.
Under significant pressure from the UK, amid concerns that the procurement process had fallen far short of international best practices, in November 2012 Bush finally dropped his insistence that the port should be built by CHEC. After he was ousted from power in December 2012, Glidden took over his tourism portfolio and in May, just weeks before the election, issued a request for proposal (RFP) for financial consultancy services for the project.
With a new Progressive Tourism Minister, Moses Kirkconnell, following a change of government, the ministry then evaluated the bids that were submitted on 24 May. The minister announced that he was picking up the formal process that began under the minority short term PNA administration and that the business model, when complete, would form the basis for the project.
Deputy Premier Kirkconnell has said that the cruise facility in George Town would be piers only with no upland development, as the government wanted to rebuild George Town. He has also said that government must set out its needs for this project and not have the developer tell government what it would do.
Following the signing of the contract on Tuesday morning, 1 July, Kirkconnell said it showed government was taking another step in international best procurement practices. “It reflects government’s commitment to be open and transparent in all processes in developing the cruise berthing facility,” he said.
PWC, named the successful bidder last month, will commence work early in July. On Tuesday, Ministry Chief Officer Stran Bodden, on behalf of CIG, and PWC representative David Walker signed the contract at Government Administration Building to formalise the consultancy.
“PWC is tasked with producing an outline business case, the full businesscase and tender documents for the proposed cruise berthing project,” Bodden said.
Following the issuance of tender documents, and a suitable tender period that will include a timeframe for negotiation, the construction contract is expected to be awarded for the proposed cruise berthing project in 2014, he noted. Deadlines for each of these steps will be firmed up in the coming weeks, he said.
CG reveals port fiasco (CNS, 24 April 2013)
Bush rejects port developers (CNS, 20 April 2011
Christian says process unfair
(CNS): Richard Christian, who was bumped off the ballot sheet in Bodden Town before the general elections because he has a US passport, says that if Tara Rivers, a successful candidate for West Bay, loses her seat over a challenge on the same issue, she could then renounce her US citizenship and run in any subsequent by-election, an opportunity that he was not given. Rivers, who is now a Cabinet member, must defend her right to run in the May election on 17 July, when the court will hear both side of the petition challenging her qualifications on two counts, one of which is that she may still hold US passport. Christian said he was “closely watching Tara's case” and was currently looking at his options regarding further action.
Christian was nominated as a People’s National Alliance candidate in Bodden Town but later advised by the district’s returning officer, Ned Solomon, that he was not qualified to be a member of the Legislative Assembly, pursuant to section 62 (1) of the Constitution. This is the section that deals with nationality as Christian owns a valid American passport. As this is considered an allegiance to another country, the official concluded that Christian could not run and the Elections Office said his name was removed from the ballot.
“On Nomination Day when the returning officer for BT asked me whether I would give up my US citizenship, I advised him yes. When I was called later that evening by the BT returning officer, one of the supervisors from the Elections Office and someone from the Attorney Generals Chambers, I asked whether I could give up my US citizenship before election day and I was told no it was too late," Christian told CNS. “My concern now is if a by-election is called in WB, it could give Tara the opportunity to renounce her US citizenship and run again, whereas I was not giving that opportunity.”
The petition challenging Rivers’ election as a member of the Legislative Assembly for West Bay was filed on behalf of John Gordon Hewitt, the husband of Velma Powery-Hewitt, the UDP candidate who came in fifth in the district poll. The petition claims she did not fulfill the residency requirement to qualify as a candidate. Hewitt also states in the petition that Rivers was born in the US and continues to hold a passport through her own act, which also disqualifies her from office.
“Tara, Cline [Glidden] and myself all appear to be in the same boat, but why was it that the returning officer for WB was allowed to nominate them, whereas the BT returning officer disqualified me?” Christain asked. “To my understanding, all three of us got that late call and/or in some cases was called to a meeting the day after nomination day at the elections office and the supervisor for the Elections Office knew the circumstances of each of our cases and therefore should have ruled that all 3 cases be treated the same.”
The would-be politician said he was not aware that holding a valid US passport was a ground of disqualification. “My interpretation (as well as a few lawyers I spoke with) of 62 (1) (a) was if you obtained a second citizenship by your own act. I felt that I was qualified as 61 (2) (b) states I can have another ‘citizenship’ by birth,” he said.
“To me the passport is just a travel document and prior to 9/11 US citizens could travel to Cayman with a drivers license and birth certificate which I use to do. When it became mandatory for all US citizens to have a valid passport, I had no other choice but to renew,” Christian explained. He said that section, which reads: "by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state", is very broad.
“Being born in the US, I have a US birth certificate. Is applying for a copy of your birth certificate considered acknowledgement of allegiance, obedience or adherence to a foreign power or state?” he asked. “One of the questions that the BT returning officer asked me was which immigration line do I go in when I arrive in the US. To me that question serves no purpose, what do foreign nationals do when they go in the visitors line only to be told by the immigration officers to go in the US residents line because it's shorter (it has happen many times). Does that mean you’re a US resident?”
US law states that people who relinquished their US citizenship are subject to an exit tax on everything they own as if they had sold it all. If an individual has filed tax returns for seven years they can proceed with relinquishing their US citizenship, but the process involves lengthy form filling, an interview at the US embassy, reflection time for the individual to seriously consider the implications of their actions and then a decision process by the US authorities.
People who live in the Cayman Islands who are US citizens, green card holders or even just have spent more than 183 days in any calendar year in the United States, are all required to file tax returns in the US, as they may be liable to pay tax there.
Those living and working outside the US are permitted to earn US$95,100 per year before becoming liable to pay tax, but tax returns must be filed to enjoy this benefit.
“If the IRS gets to you first they have the ability to deny you the exclusion,” according to US tax expert Shawn P Wolf.
Related articles:
Owe US tax? Get a tax lawyer (CNS Business, 1 February 2012)
Dump Uncle Sam, pay exit tax (CNS Business, 2 February 2012)
PNA hopeful off the ballot (CNS, 2 April 2013)
Christian denied appeal (CNS, 3 April 2013)
Rivers' election challenged (CNS, 13 June 2013)
Election challenge hearing set (18 June 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.
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.
Moses commits to piers alone
(CNS): The new tourism minister has committed to ensuring that both the cruise port facility and the redevelopment of the airport will happen under his watch and will follow process. Moses Kirkconnell said there were some major challenges facing the tourism industry but the Progressives would bring “an holistic approach” to the sector, noting that tourism is everybody's business. He pointed to the need to develop a cruise facility in George Town, which would be the piers only and no upland development as the government wanted to rebuild George Town. The new minister committed to getting the airport redevelopment underway as well. (Photo Dennie Warren Jr)
Deputy Premier Kirkconnell told the press on Tuesday that he was going into a meeting that afternoon regarding the business case model for the cruise berthing facility. He pointed to the need for government to set out its needs for this project and not have the developer tell government what it would do. He said he was picking up the formal process that began under the minority short term PNA administration earlier this year, and that business model, when complete, would form the basis for the project.
Kirkconnell also confirmed that the new government was committed to the redevelopment of the airport, as he spoke about the whole tourism product, starting when we bring people to the islands. He said it was important to understand the market and give tourists a reason to come and something special when they get here.
The need to improve the ports and to recruit more local people into the industry were critical elements, Kirkconnell said, but he also spoke about the need to support the dive sector, which remains a significant part of Cayman’s tourism product — one which is believed to be recession proof. Even when general visitor numbers declined because of the global recession, the number of divers coming to Cayman remained steady, the new minister said, adding that there was a need for more research to understand the numbers of divers coming here.
“We must embrace dive-tourism,” he said, adding that the infrastructure they want needed to be built upon, as he welcomed the success of the artificial reef created by the sinking of the wreck of the Kittiwake off Seven Mile Beach. He said he would be talking with tourism stakeholders in the Cayman Islands Tourism Association (CITA) and the dive sector, who have spoken about the possibility of another boat being sunk in local waters to create an additional artificial reef.
There were no surprises when Kirkconnell was confirmed as tourism and transport minister with responsibility for district administration after the PPM won the general election last month. As the first elected member for Cayman Brac and Little Cayman and having been immersed in the tourism industry for most of his career, he was the obvious choice.
Supported by Joey Hew as his councillor, a concept created by former premier McKeeva Bush and embraced by the new premier, Alden McLaughlin, Kirkconnell is facing a heavy workload, which will be the primary source of the anticipated local economic boost.
If the PPM is to have a successful term in office and meet its campaign promises, the cruise port and the airport are key components in the plan to kick start the economy. While these projects were also the cornerstones of the previous UDP administration, as a result of Bush’s refusal to follow due process in regard to both the development of the cruise berthing facility and the airport refurbishment, he failed to start either project.
Keenly aware of those failures, Kirkconnell is determined to ensure that both projects follow the letter as well as the spirit of the law and that they benefit all of Cayman and do not compete with local business but instead boost the still faltering domestic economy.