The ReferendumQuestion

Dear Sir:

Democracy demands that there be a referendumbefore any constitutional advancement. Major Constitutional changewas not a platform issue in the year 2000 elections. In fact manycandidates said they would not change the constitution or saidnothing on constitutional change. The electorate of the CaymanIslands has the right to express their views through a referendumto vote on the specific constitutional amendments.

We were pleased to see the appointment ofCaymanians as Constitutional Commissioners.

On 4th October, 1999, a Private MembersMotion No. 11/99 moved by Mr. Kurt Tibbetts and seconded by Mr.Roy Bodden and as amended was unanimously passed in the LegislativeAssembly a copy of which is attached.

Let us see if the new Government will avoida referendum on the constitution like they have avoided answeringthe questions to the Hon. Financial Secretary on the country'sfinances. Are they being transparent and allowing freedom of informationwhich they preach?

Juliana O'Connor Connolly
Thomas Jefferson
John McLean
Truman Bodden

PS: We submit for yourconsideration the relevant Private Members Motiom

Private Members Motion No. 11/99 (AS AMENDED (NO. 3)) REFERENDUM LAW "WHEREAS there is growing compatibility of the referendum with the parliamentary representative system of government and it is also recognised that the referendum is wholly consistent with parliamentary sovereignty; "AND WHEREAS an increasing number of matters of national importance demand widespread public participation in the decision making process; "AND WHEREAS it is rare for a general election to be fought on a single main issue and the result of an election indicates, at most, an undifferentiated approval of a whole range of policies; "AND WHEREAS only the referendum makes it possible for the electorate to give a clear judgement on a single issue of immediate relevance. "BE IT NOW THEREFORE RESOLVED THAT the Legislative Assembly takes the necessary steps to cause section 29(2) of the Cayman Islands (Constitution) Order, 1972, to be amended to allow the electorate to initiate a referendum. "AND BE IT NOW THEREFORE RESOLVED THAT once this amendment is achieved, the Government takes immediate steps to bring to the Legislative Assembly a Referendum Bill setting out the terms and conditions under which referendum may be conducted. 'AND BE IT NOW THEREFORE RESOLVED THAT the Cayman Islands (Constitution) Order, 1972, shall only be recommended for further amendment by this Honourable House after a referendum whereby the electorate vote for the specific amendments other than minor consequential amendments necessitated by electorally approved amendments to the Constitution and the first resolve clause of this Motion for the electorate to initiate a referendum; 'AND BE IT FURTHER RESOLVED THAT, subject to the approval of the electorate in a referendum, the Constitution be amended to entrench the principle that the Constitution should only be amended after a referendum whereby the electorate vote for the specific amendments, other than minor consequential amendments necessitated by electorally approved amendments to the Constitution."' Unanimously Passed in the Legislative Assembly on 04th October, 2001 Moved by: Mr. Kurt Tibbetts, MLA First Elected Member for George Town Seconded by: Mr. Roy Bodden, MLA Third Elected Member for Bodden Town Received in the Office of the Clerk this 5th day of October, 1998. PASSED BY THE LEGISLATIVE ASSEMBLY THIS 4TH DAY OF October, 1999. CLERK OF THE LEGISLATIVE ASSEMBLY

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