GENERAL ELECTION 2004
PPM declares its position on a future Constitution for the country
Monday, September 6, 2004
The PPM said they have been intimately involved with constitutional reform
from the beginning and have fought to ensure that constitutional changes were
not made without the support of the electorate, as well as being determined to
ensure that the undemocratic appointment of a Chief Minister did not occur
without the benefit of General Elections.
The party said that there can be little doubt that were it not for their
efforts, the country would now have a constitution imposed upon it by the UDP
with which, the party says, the majority of people did not agree.
The PPM believes that it is in the interest of the Cayman Islands to continue
to work toward constitutional modernisation.
But the PPM has maintained that any changes to the constitution must have the
support of the majority of the population.
This position, said the PPM, is entirely consistent with the Constitutional
Modernisation checklist which the UK issued at the start of the Constitutional
Review process in 2001. The party says it has consistently called for a
referendum to determine the contentious issues arising from the Constitutional
Commissioners’ Report. The changes which are to be made to the Cayman Islands
Constitution must have the support of the majority of the electorate said the
party.
The PPM believes that the parameters of the constitutional debate have
altered significantly since the process began, due in large part to the
revelations in relation to the Eurobank trial and the conduct of the then
Attorney General David Ballantyne and the former head of the FRU, Brian Gibbs.
Subsequent events, such as the refusal of the UK to allow the Cayman courts
to be responsible for the making of wire tapping orders and the UK’s insistence
that the Governor be given that power has also significantly altered the
attitude of many people in Cayman towards the UK, according to the PPM.
The UK’s treatment of these Islands in the context of the many supranational
initiatives, but in particular the EU Savings Directive, has also caused many of
our people to reconsider our constitutional status, says the party.
Against this background, the PPM said that the visit last year of Earl
Huntley, who was then Chairman of the UN Committee of 24 on De-colonization, was
timely and appropriate.
The PPM said that as a result of Mr. Huntley’s presentations, it has become
clear that the UK has an international obligation to provide its territories
with the degree of self determination they desire, and that it cannot force
territories to become independent.
The UK has been less than enthusiastic about this revelation, according to
the PPM, but the issue is actively being pursued by a number of private sector
entities including the Chamber of Commerce, People for Referendum and the
Concerned Citizens.
The PPM said that in modernising and strengthening the Constitution it is
important to give the Cayman Islands more autonomy, and include more checks and
balances on the powers of the Executive, strengthen democratic practices and
create more opportunity for the people to participate in the affairs of
government.
As a result, the PPM announced their broad position on constitutional change
as follows:
- Any significant constitutional change must have the support of the
majority of the electorate which must be given the opportunity to discuss
and consider the proposed changes.
- Independence is not an option for the Cayman Islands. In a world that is
becoming increasingly interdependent and in which surviving means joining
trading and bargaining blocs, there are real and tangible benefits in
fostering and improving our constitutional link with the UK.
- The UK’s ability to legislate for the Cayman Islands and to bind us to
agreements and conventions arising from the UK’s obligations to the European
Union should cease.
- The UK should continue to be responsible for external security and
external affairs with the knowledge and approval of the Cayman Islands
Government.
- The Legislature should increase in numbers to 17, elected from single
member constituencies.
- The PPM does not support the concept of a Senate consisting of
un-elected persons. It believes that this will have little practical benefit
and simply result in another layer of bureaucracy and additional expense
that the Cayman Islands can do without at this stage.
- There should be a Cabinet of seven elected members, one of whom should
be named Minister of Finance, together with the Attorney General.
- There should be full ministerial government, with a Chief Minister
appointed by the Governor who should be the elected member who commands the
support of the majority of the elected members of the House.
- The other ministers should be appointed by the Governor acting on the
advice of the Chief Minister.
- The Attorney General should not be an elected member but be appointed on
the advice of the Chief Minister.
- Protection of the rights of the minority in the Legislative Assembly
should be guaranteed.
- There should be a Bill of Rights which offers protection of the
fundamental rights and freedoms of the individual.
- There should be provision for a binding people initiated referendum.
- There should be provision for Freedom of Information.
- Freedom of the Press should be guaranteed.
- In declaring its position the PPM also said that it is aware of other
views and that the situation is dynamic.
The party said its views are not cast in stone, and following the General
Elections expect that there will be further discussions and opportunity for the
electorate to make its views known.
The PPM is keen to inform the electorate that a PPM administration would not
impose any constitution on the people against their will.
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