Letter to the Editor

We have the least advanced constitution in all of the British Overseas Territories

Thursday, August 12, 2004

Dear Sir,

Recent newspaper articles captioned “Two Ministers Query LGB’s Step,” “Bush was Right, UDP Chairman,” and “Governor’s Rights Under Fire,” compel me to clarify my position and comment on some matters raised.

First, I did not query: “if the paper binds him in any way to the proposals in the document.” I stated categorically that the statement “is one which was not dealt with in Cabinet, nor does it bind me in any way to the proposals put forward in the document.” It is a fact that I received the “paper” just over an hour on the morning the statement was made in the House.

While various matters will be made issues during the election campaign, the revision of the constitution is of paramount importance and singular in national impact.

A statement made by a Minister of Government in the Legislative Assembly on behalf of a political party on a matter not “before the House” is unusual. The Constitution is not a subject for which the Government is responsible.

It is a subject which is best explained in Section 58 of the present constitution, that is: “Her Majesty hereby reserves to Herself power, with the advice of Her Privy Council, to make laws for the peace, order and good government of the islands.”

Such power was exercised by Her Majesty at the Court at Buckingham Palace, the 26th day of July 1972, where an Order was made, cited as the Cayman Islands (Constitution) Order 1972, which came into effect on 22nd August 1972.

There are those who do not know this, or perhaps do not wish for it to be so, however facts are sacred while comment is free.

There is only one draft constitution before the people of the Cayman Islands, and that is the one sent through the office of the Governor by Baroness Amos on 5th February 2003 on behalf of the British Government.

This draft constitution is the embodiment of Caymanian Constitutional Review Commissioners, the public at large and negotiations by delegates from Government, the legislative Opposition and NGOs, which took place at Lancaster House in December 2002 between these groups and representatives of the Foreign and Commonwealth Office.

No singular view or personal wish can take precedence over this document unless approved by the British government, the likelihood of which I think is quite remote.

Unfortunately, the Cayman Islands have the least advanced constitution in all of the British Overseas Territories Countries.

Over the years, this is due in large part to economically influential individuals, along with self serving political figures, being able to frighten an insufficiently informed public into believing a “bogey man” lurks in any constitutional revision and advancement.

This I believe has served the former individuals to control the way government business is conducted and has indirectly provided the British government the opportunity to keep undue control over the national affairs of the Cayman Islands.

Some results of this condition is the ease by which pressure is exerted over the financial industry of the Cayman Islands in compliance with British foreign policy commitments, and the extension of Treaties not necessarily in Cayman’s best interest.

For over two decades I have decried the foolish condition that successive political directorates and personalities have inflicted on the Cayman Islands and its people, and have advocated constitutional advancement as a necessity of political development.

As a result of my views I have been accused of every unflattering, untrue and unfounded motive.

Such accusers have included most of the now vehement advocates of constitutional reform. My present stand remains the same, however: there is a right process to be followed, which does not include the views of the few for the binding of the many. Hence my recent statement in the Legislative Assembly.

The statement by Minister Bush, which quoted him as saying: “Yes, but that is no more than normal coming from the Ministers who have raised the questions,” generally speaks to a truth. I, and I believe my colleague Minister Roy Bodden, wear such truth as a badge of honour and distinction. It has guaranteed equilibrium in Cabinet and served the public good to date.

Secondly, as for political parties, I have long advocated the need for this system as a means of more disciplined approach to politics.

I have not changed my position on this matter. However, over the years of informing myself on party politics, it is clear to me that a political party is comprised of a number of individuals bound by similarity of goals properly arrived at by the widest collective decision.

There can be no such thing in reality as a party of one. Cayman has for a second time in its history taken a teetering step into party politics. I am aware of the minute details in the conception and birth of the UDP.

The UDP Chairman, Mr. Billy Reid, was quoted as saying: “Mr Bush followed procedure and enjoyed the authority of the party executive in presenting the document to the LA.”

One would need to attach faces and numbers to this statement to discern the extent of its meaning. The absence of two Ministers out of five is significant.

Having stood alone on constitutional matters over the years, I find no reason to accept that I hinder, what only now is claimed by others to be their new found faith.

Thirdly, the article under title: “Governor’s Rights Under Fire” could readily be misleading. The Governor has no more “rights” than those provided under the Universal Declaration of Human Rights.

It is the perpetuation of such thought in Cayman up to present times, that there are special “rights” divined to a Colonial power such as the UK that keep Caymanians not understanding their “rights,” including that of self determination.

The severed head of King Charles I of England is an historic example that there is no such thing as divine “rights” of any ruling authority.

I suggest the author may have more correctly used the word “authority” instead of “rights.” Caymanian legislators of the past have called for a reduction of the powers of the Governor for over thirty years, long before the present constitution was made.

If it was thought necessary then surely it must be now etched in stone. I continue to support constitutional change and political party system.

However, I believe, as did the early Americans, that certain truths are self evident, “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.”

“That to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

As an elected representative of the people I believe I must ensure the constitution of the Cayman Islands meets the greatest involvement of the governed and follow a rational process which would not expect a toddler to sprint.

Hon Gilbert A. McLean
Minister of Health
Services, Agriculture, Aviation and Works

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