Focus on the constitution 

Professor Jeffery Jowell QC.


Paster Al Ebanks with Billy Adam. 


(l-r) Members of the NGO Constitutional Working
Group, Richard Cole, Billy Adam and Vaughan Carter.

Wednesday,  April 27, 2005

The forthcoming elections on 11 May have among other things focused the debate on constitutional reform for the country and the right to self-determination. Professor Jeffery Jowell QC, an expert in constitutional, administrative and human rights law, visited the Cayman Islands recently at the invitation of the Hon McKeeva Bush, Leader of Government Business, and presented some of the options in moving forward in light of international trends at a Cayman Islands’ Chamber of Commerce Luncheon, (CICC).

“Constitutions must emerge from the local soil,” said Mr Jowell. “To be successful they must reflect the local traditions and shared experiences. All successful constitutions combine stability, with a capacity to change to addressing the needs of society in a fast changing world.”

Mr Jowell explained that the spectacular economic dynamic of the country has not been matched by constitutional progression, which may appear to be rooted in the post-war colonial era. He outlined three reasons why the question of modernisation now was timely.

“First, by giving an impression of over-reliance on the former colonial power, Overseas Territories in general may not be able to inspire the confidence of others,” said Mr Jowell.

“Second, the interests of the United Kingdom have changed over recent years. Increasingly, Britain is governed by priorities set out by Europe. Some estimate that around three quarters of the legislation that passes through the House of Commons originate in some form from Brussels.

“There is also pressure within the European Union, within the context of the single market, to harmonise regulations and fiscal policies. 

“Third, the UK itself had invited the Overseas Territories to discuss their relationship with the UK, with the publication of the 1999 White Paper, Partnership for Progress and Prosperity.

“Furthermore, the UK has devolved power for certain issues to new bodies in Scotland and Wales, and is also a proponent of subsidiarity, passing decisions to the lowest level where they can be taken responsibly, at a European level.” 

Mr Jowell said the Islands should consider moving toward greater autonomy and self-government. 

“Although the link to the UK is reassuring to some people because it highlights the rule of law, it is possible to retain the link to the UK, while having a different and more modern relationship.

“It is important for the Cayman Islands to decide how much local autonomy should be here on the Islands. Policy relating to such issues as tax, property, business, shipping, aviation, tourism and social and monetary policy should really be decided by locally elected people,” he said.

Mr Jowell stated that Governors still play a valid role as the link to the UK.

“Governors provide advice and counsel to ministers and have experience on the diplomatic stage. However, the role of the Governor needs to be more closely defined. It is open to question whether a Governor should have the power to override elected ministers.

“There is an analogy to the position in the UK, where the Queen holds certain prerogative powers, which exist in theory but are rarely exercised. Governors can play an important ceremonial role in society, but should really only have a limited ability to override elected ministers.”
He discussed the role that elected ministers play in international affairs.

“Other Overseas Territories are beginning to insist that they have a greater role in foreign affairs. The range of matters that impinge on countries that are dealt with by international and regional bodies is increasing.” 

He explained that Jersey is pursuing the concept of ‘partial international personality’ where the Jersey Government takes responsibility for some international matters, while the UK takes the lead on others. 

Other issues addressed included a system of two separate lawmaking assemblies, responsibility for internal security and the police and community engagement through new structures such as community councils. Human rights and administrative justice and delivery of public services were also discussed.

Mr Jowell said the time is right for the Cayman Islands to take the initiative.

“The UK would find it hard to resist change given its international obligations and previous statements and actions. The Cayman Islands has the opportunity to go to the British Government and promote a new and comprehensive constitutional package that will inspire confidence and be fit for the 21st Century.”

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