CurrentAffairs

GovernmentMinisters Encourages Civil Servants to 'Speak their Minds'

Hon. McKeevaBush, Hon. Lindford Pierson, Hon. Roy Bodden

Hon. GilbertMcLean, Hon. Dr. Frank McField, Mr. James Ryan

Senior civil servants had an opportunityrecently to engage in a candid exchange of views with Ministersof Executive Council on the constitutional report currently underreview. Leader of Government Business the Hon. McKeeva Bush initiatedthis second review in a planned series of meeting between theministers and the top ranks of the service.
Mr. Charles Clifford, permanent secretary in Mr. Bush's ministry,moderated the meeting, jointly hosted by all five ministers ofExecutive Council and held at the Grand Pavilion Hotel.

Speaking at the opening of the meeting,Mr. Bush encouraged a frank and open exchange. He said that thetrue test of that type of discussion, leading to "fullerand keener insights," would be "how well our modernizedconstitution serves the interest of the people of this countryfor many generations and different politicians to come. As theysay, time will tell."

Paying tribute to the drafters of the report,Mr. Bush said that the Government generally agreed with the recommendations,the exceptions being few. "Let me therefore state very clearlyup front that it is doubtful that a referendum or any other similarpolling would provide a more representative position than hasbeen obtained by the Commissioners," Mr. Bush said.

The minister outlined points of agreementand departure. The points on which there are differences are asfollows:

Insertion of provision for Caymanianvalues in Bill of Rights
· While agreeing that a Bill of Rights should be includedas "the most important recommended change" and was inline with international obligations, Mr. Bush wished to see aprovision inserted that provided for the "unique social andcultural identity of the Cayman Islands." Otherwise, he said,adopted as it is, the Bill of Rights could conflict with Vision2008 and the National Strategic Plan. He was also concerned thatwithout the recommended insertion, it would give the EuropeanCourt of Human Rights the power to strike down any contraveninglocal law. The ultimate effect of not inserting provisions preserving"traditional Christian values" held the potential fornullifying the gains inherent in the new constitution in "movingthe Cayman Islands along the road of political responsibilityandgreater autonomy."

Public Service Commission (PSC) modernization
· Ministers agreed that the role of the PSC should be enshrinedin the constitution, but they supported, in conjunction with thisand in line with ongoing modernization in the civil service, freeingthe PSC from the day-to-day recruitment functions while grantingthem greater authority as an arbitrator. "By moving in thisdirection, we still recognize the unique situation which pertainsto the civil service, while also providing safeguards againstabuse of power," Mr. Bush explained.

The option for the Attorney General tobe an elected or official member of Ex Co and the LA.
· The Government was strongly opposed to this option, asnot being in line with the full ministerial-style government thatthe new proposals envisaged. Instead, they recommended there shouldbe a minister of legal affairs, with a senior civil service postof attorney general, preferably filled by a Caymanian: the sameas for the proposed ministers of finance and of local government.

One-man/one-vote: Single-member constituencies
· The Government supports the modernizing of this aspectof the electoral system, but felt the "one-man, one-vote"proposal was premature. "We believe that a better systemwould be to gradually phase in this concept," he said. Rightnow, it seemed to them that it would lead to divisiveness anddisharmony, particularly at a time when the country was strugglingto define what "Caymanian" means. "Under the currentrecommendation, voting districts could hamper this effort,"the minister said. He was also concerned that the divisions could"create poor districts versus rich districts, white districtsversus black districts." Further arguing that the timingwas not right, that further development was needed before thisstep, the minister drew comparison to Bermuda, which, with thethird oldest parliament, established in 1620, was only now consideringmoving to single-member constituencies.

Appointments of Speaker and Deputy fromoutside the House
· The Government supports retaining the provisions of thecurrent Constitution that these persons be drawn from among electedrepresentatives or individuals qualified to be elected.

Definition of Caymanian
· The new proposals define "Caymanian" to excludepersons with dual citizenship and "status" holders.The latter was a particularly backward step, Mr. Bush said. Thisdefinition would preclude many able Caymanians from running foroffice, to the detriment of the Cayman Islands, and many electorsfrom voting. Precluding persons with dual citizenship would beparticularly troublesome when the right to opt for British citizenshipcomes into effect. British Dependent Territories Citizens optingto become British Citizens will have the right to dual citizenship.

Inclusion of Constitutional Control onPublic Debt
· The report proposed enshrining in the constitution thatpublic debt should not exceed 10% of the Islands' annual recurrentrevenue (excluding loans). This policy had already been adoptedand was accounted for under the Public Management and FinanceLaw. "A similar repetition in the constitution is inappropriateand unnecessary," Mr. Bush said.

Provision for referenda
· This already exists under the current Constitution, Mr.Bush explained, but clarified that the report does not say thatthere must be a referendum to make changes to the proposed newconstitution. However, he went on to say, contrary to what hasbeen promoted elsewhere, a referendum is "not a golden solution"to the question of the constitution. "The answer to thissituation is that elected representatives must do their jobs andwork hard during this period to consult the people, includingcivil servants," he said. "As politicians we must beaccountable for the decisions we make and, most importantly, wemust at the end of the day make decisions."

A question and answer period followedMinster Bush's presentation.

Questions and comments, responded to bythe five ministers, included:
· That the Speaker be recruited from outside the Assembly.Ministers did not agree, saying that electing a Speaker from withinthe Assembly worked elsewhere, giving an example (though itwas noted that in that particular case, by agreement, the Speaker'sseat was never contested.) They explained that Speakers from outsidethe House could also be biased, there were practical problemswith recruiting from outside, and that what was important wasselection of persons of integrity and honour.

· Whether creation of the newExCo posts would not be in conflict with the cost cutting measuresin force in the civil service during this economically slow period.The ministers explained that the appointment of new ministerswould amount to only two (or three, if minister of legal affairsmaterialises) new posts -- they would head up current portfoliosalready staffed. It would also not cause redundancy, as the currentofficial members would be retained as the senior civil servantsin the new ministries. One minister added, however, that the modernizationprocess may initially bring added costs, but that the aim wasgreater efficiency that would bring long-term cost effectivenessand other value-for-money gains. For example, this year's budget,the first balanced one for many years, had been achieved through"strong and robust" policies for managing finance. Thosewere the types of gains that the changes were aiming to achieve,he said.

· A comment expressing pleasurethat the definition of Caymanian would be looked into, while askingthe ministers to explain what "traditional Christian values"meant. The ministers explained thatthis referred to the values upon which the country was built,and they felt that it was important that these be recognized inthe constitution so that Caymanians could continue to be guidedby them in the way they lived their lives.

· A query regarding Cayman's relationshipto the European Court of Human Rights, as opposed to the UK'sposition. There was mixed response to this from among ministers.The Hon. Linford Pierson said that the UK was part of the EuropeanUnion and therefore fell directly within the bounds of the EuropeanCourt of Human Rights. He expressed concerns about developmentsin the UK as to legalizing homosexual marriages, and such like.He was unclear as to what would happen if a local person tooksimilar cases to the European Court of Human Rights. A somewhatmore neutral position was taken by the Hon. Frank McField whosaid that human rights for all -- regardless of sexual preference,gender, age, etc. -- was progress, in that it granted full rightsto each person for the expression of his or her total humanity.As a civilized country we should be embracing change when it meantremoving discrimination. In any event, there were no differencesbetween the Bill of Rights and our traditional legal system. "Letus stop preparing ourselves for conflict," he said, whenin reality there was none. The Hon. Roy Bodden explained thatthe whole business of human rights evolved from the Second WorldWar as a reaction to the Nazis' bizarre intention to establishthem as a supreme race. He cautioned against the population gettinghung up on the Bill of Rights -- in any event, anything couldbe challenged -- and said that the UK would "not allow usto get away with anything less." He cautioned also againstvalue-laden terms such as "Christian." "Christiansshould ensure that they, and other religions, are able to practicetheir religion," he said. In response, Mr. Pierson said thathe had been assured that the UK would consider local views andrepresentations as to the tone of the Bill of Rights. He urged,however, as others before him, that people understand its importance,while recognizing that "if we reject a Bill of Rights, itcould be forced on us."

· Commendation to ministers forcalling meeting and request for follow up
In response to this comment and request, a meeting will be arrangedin mid-May for further discussions with the civil service. Mr.Bush said that it was thoughtful of the Governor to allow moretime for discussion and that he had already envisaged a follow-upmeeting with civil servants.

· Observation that a draft constitutionpresented opportunity for in-depth analysis.
The ministers responded that having a draft was "not sucha bad thing," but were worried that it might be perceivedas the final version. As a springboard for debate it was useful,but it was important that people recognized and treated it assuch.

· Availability of a GovernmentPosition Paper
In response to this question, the ministers indicated it was currentlyavailable, on the Internet, www.gov.ky.

· Whether Government might thinkit appropriate to include in the constitution prioritisation ofnationalities in recruitment process, with Caymanians at top.
This was a sensitive matter, ministers responded, but did notthink it would be appropriate to incorporate it in the constitution.Rather, this should be handled in government policies, immigrationpractices, and through the collective-bargaining process. Anotheropportunity was offered through the new human resources draftbill, which was currently open for public discussion.

· Observation that the proposedlay of constituencies showed some lines straddling blocks andparcels of land.
This was just another example of the difficulties with the electoraldistrict divisions, yet again underlining the level of thoughtthat was still required as to how and when this step should betaken, ministers said. While it is said that "the purestform of democracy was one-man, one vote," not everythingthat "Whitehall does can be transposed. It is a model fromwhich we can work, but not all the time transpose," a ministersaid.

· Observation that electoral divisionssuggested in the report would spell confusion
Electoral districts now in place would disappear, and it wouldbe difficult to work out what the 17 various replacements wouldrepresent, another civil servant observed. Ministers agreed thatit would require a lot of thought to decipher, for example, underthe terms of the proposed 17 new constituencies, whether a representativestood for the whole district or only for the particular area thatelected him or her.

Moving the vote of thanks, the Chief Secretary,the Hon. James Ryan, thanked ministers for giving the civil servicean opportunity to discuss the way forward and for their full answersto the range of questions asked. He encouraged the civil serviceto do its best to ensure an understanding of the issues, as theoutcome will be a "document that will be with us for manyyears."

"I invite every one of you to the nextmeeting. It is our country and up to each of us to have a say,"the Chief Secretary said.

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