ConstitutionPreferences Heat Up
Messrs JohnMcLean, Truman Bodden and Tom Jefferson.
From all appearances, it appears that theissue of adoption of a new constitution will require not justfurther public and legislative debate, but a clear majority mandatefrom the public of their preferences of some of the opposing issuesbetween the Government of the day, the Opposition Members in theLegislative Assembly and other political interest groups who areexpressing differing views with certain recommendations made bythe Constitutional Commissioners.
Because of the great divide of these issues,particularly in connection with the single member constituencyproffered and the definition as to who is to be considered a Caymanian,the current debate is heating up. The Opposition, led by formerLeader of Government Business, Mr. Kurt Tibbetts has also goneat length to organize the visit of the Leader of the Oppositionin Barbados to present a public lecture on the issue of singleseat constituencies.
Meanwhile, three members of the GovernmentAdministration of 1992 2000, Messrs Truman Bodden, Tom Jeffersonand John McLean have become quite active through press releasesof their opposition to any fast tract enactment of a new constitutionthrough press release to the media.
In their latest release, they claim thatthere was a majority motion passed in the Legislative Assembly,whereby it was agreed that there would be "electorally approvedamendments to the Constitution and the first resolve clause ofthis Motion (is) for the electorate to initiate a referendum."
The following is the full text of the releaseissued by Messrs Truman Bodden, Tom Jefferson and John McLean:
"One of the Cayman Islands most democraticand fundamental right is for a secret ballot in a general electionor in a referendum on serious Constitutional changes in the proposednew draft constitution. Since the new constitution proposes onlyto be changed on a major issue by referendum it makes sense thatthe present constitution should only be forwarded and broughtinto effect after a referendum also. The major constitutionalchanges in 1992 were only brought into effect after the 1992 electionsalthough the then government also tried to bring them in beforeas is happening at present. The district meetings with the MLAsare helping but are no substitute for a general election or areferendum.
In the 5 April 2002 Caymanian Compass theGovernor's office made it abundantly clear that:
"No time table for the review and adoptionof a modernized constitution for the Cayman Islands was set bythe UK Government. An agreed local timetable, however, betweenthe MLAs and the Governor was set. No official deadline for thecompletion of the process had been set by London".
Therefore this rush has been brought aboutnot by the UK or the people but by MLAs and the Governor who thereforemust now extend the time for the referendum or general electionto be held.
The new constitution has a Bill of Rightsbut the Commissioners and some MLAs propose to change the presentconstitution is in breach of one of the most important fundamentalrights, the right to a secret vote in a general election or ina referendum on constitutional changes.
Eleven of the eighteen present MLAs namely;Hon James Ryan, Hon David Ballantyne, Hon George McCarthy, HonJulianna O'Connor-Connolly, Hon Anthony Eden, Mr McKeeva Bush,Mr Kurt Tibbetts, Mr Linford Pierson, Dr Frank McField, Mr RoyBodden, Mrs Edna Moyle along with ourselves and the other MLAsat that time on 4 October 1999 in the LA passed unanimously aresolution moved by Mr Kurt Tibbetts and seconded by Mr Roy Boddenwhich stated that there would be no constitutional change withouta referendum.
A part of that motion (the full copy isattached) stated as follows:
"AND BE IT NOW THEREFORE RESOLVED THAT the Cayman Islands(Constitution) Order, 1972, shall only be recommended for furtheramendment by this Honourable House after a referendum wherebythe electorate vote for the specific amendments other than minorconsequential amendments necessitated by electorally approvedamendments to the Constitution and the first resolve clause ofthis Motion for the electorate to initiate a referendum."
We voted for the above mentioned motionand we will honour our pre-election promise. We hope the otherMLAs will also honour their pre-election promise for a referendumbefore any constitutional amendment. The Government and MLAs haveno mandate from the people to change the constitution withouta referendum. The UK has set no time limit therefore the MLAsmust go back to the people on secret ballot in a referendum orin a general election."
His Excellency the Governor at a press conferenceannounced that the public's input will continue and the measurewill be brought to the House for debate on 19 July. Followingthe debate, the full text of Legislative contributions will beforwarded along the Report and Draft Constitution submitted byConstitutional Commissioners, Mr. Benson Ebanks, Mr. Arthur Hunterand Mr. Leonard Ebanks.
Both the Government and the Opposition havewelcomed this extension. However, there are still lingering doubtsas to whether ratification should come about before r after thenext election schedule for November 2004.
Local political pundits have expressed toCayman Net News that it may be better for the present House tobe dissolved for fresh elections, so that the issues surroundingthe empowerment of becomes law.