CurrentCommentary

The ExecutiveCouncil: Individual and Collective Responsibility

A. Steve McField

Part II of the Cayman Islands Constitutionamong other things, provides for the structure of the ExecutiveCouncil. Part II also lays out the procedures by which ElectedMembers of the Legislative Assembly are elected to the ExecutiveCouncil, are removed therefrom, and how the are assigned to theirresponsibilities.

The powers of the Executive Council arederived mainly from the Constitution. Executive Counsellors Responsibilitiesare assigned to them by the Governor acting in his discretionon his instructions given to him by Her Majesty through the Secretaryof State. Some very important prerogative powers such as ExternalAffairs, Law enforcement, Defence, Internal Security, and theCivil Service still remain with the Governor. Since the Revocationof two members to the Executive Council and the election of twomembers the Legislative Assembly to the Executive Council to replacethem, the Subjects of the Prison and District Administration havebeen given to the Executive Council. Responsibilities for thePrison and District Administration before the 8th November 2001were the Responsibilities of the Chief Secretary an ex-officialmember of the Executive Council.

Legislative Assembly Members are Electedto the Executive Council shortly after a General Election. Theirelection is by a majority of the Elected Members Part II Section6 (2) (f) provides for the Revocation of any Elected Member tothe Executive Council by a successful Resolution brought forthin the Legislative Assembly by a Nine-vote majority.

Though there is no provision in the Constitutionthat provides for Political Parties, it follows that Elected Membersto the Legislative Assembly who wish to be Elected to the ExecutiveCouncil must command and maintain a Majority of Nine among them.

In almost every British Common Wealth countrywhere the Westminster System of Parliamentary Democracy is established,the Party System prevails. Canada, Australia, New Zealand, Bermuda,Bahamas, Turks and Caicos Islands, all adhere to the Party Systemform of Constitutional Government. It is folly and almost irresponsibleto believe that a few Members of an Elected Assembly could hopeto form a successful effective Executive Council by a personalvote majority.

Such an arrangement is not only foolishand irresponsible, it is an arrangement to failure.

Without a proper Party System in place,no de facto leader, by whatever name he may be given, "Leaderof Government Business" or "Leader of Some Other Business",can hope to form the Political Executive of this country withouta proper Party Structure, with all the discipline, cooperationand responsibility that Party Politics includes.

Ministers that have no cohesive generalpolicy, no Internal and External Political discipline can maintainResponsibility collectively.

Professor Dicey, the great author and teacherof Constitutional Law says that Ministerial Responsibility meansthat Ministers are liable to lose their offices if they cannotretain the confidence of the majority in Parliament. The Ministersare collectively responsible to the Legislative Assembly for thegeneral policy of the Country and for the Political Administration.

This Responsibility may be enforced by theLegislative Assembly under section 6 (2) (f) of the Constitutionby a direct vote of Censure or Want of Confidence, or simply bydefeating a Government Bill in the Legislature. This aspect ofMinisterial Responsibility is the Political Responsibility thatExecutive Council Members owe to the Elected Assembly Memberswho elected them to serve in the Executive Council.

This legal Responsibility of Executive Councilfollows from the Constitutional Principles that Acts of the Governmentshould be recognized as an expression of its Will; and it mustbe done through some Minister. Further, the Minister who takespart in giving Expression to the Government's Will, should beResponsible for it and for anything done in pursuance of it.

Since all Executive Council Members areServants of Her Majesty (the Crown), they can be vetoed or dismissedby Her Majesty acting through the Governor.

Elected Executive Council Collective MinisterialResponsibility also means that a Minister can be removed fromthe Elected Executive Council if he/she breaches section 9 (2)of the Constitution. Section 9 (2) says that it shall be the dutyof a Member charged with Responsibility to act in the exercisedof those Responsibilities in accordance with the Government Policiesdecided in the Executive Council, within the Principles of CollectiveResponsibility, and to support the Executive Council Decisionin the Legislative Assembly, unless The Governor gives him/herpermission to do otherwise.

Therefore, a Minister who, for example,votes against the Government in the Legislative Assembly, withoutthe Governor's permission could be sanctioned by the Governor;and, could be removed from the Executive by a successful Resolutionin the Legislative Assembly moved by a Member of the ExecutiveCouncil.

Ministerial Responsibilities individuallyand collectively carry grave consequences if not adhered to. Ministers,whether they are Chief Ministers, or Leaders of Government Businessought to know and should know that the Legislative Assembly doesnot govern, and is not intended to govern. A strong cohesive,Discipline Mandated, Executive Council tempered and controlledby constant questioning, vigilance, and Constructive Criticismis the way to govern. Any Minister, be he Chief or Leader, canonly lead and exercise Executive Authority as long as he/she obtainsand retains the confidence of the Majority of the Elected Membersof the Legislative Assembly.

Information as to How and What the governmentis doing, is usually elicited by questions put to the Ministers.Every Elected Member has the Right to ask questions to any Ministerabout his Administration or Department.

There is no more valuable Safeguard againstBad Administration; no more effective method of bringing the Searchlight of Criticism to Beam on the Executive Council than goodquestions in the Legislative Assembly.

Ministers may not want to answer questions.Ministers may believe that this or that questions or Criticismmay not be important. Ministers should never go to sleep on thenotion that they alone run things. Ministers run things as longas they have a majority of the elected Members of the Assemblybehind them, supporting them.

After the 8th November 2001 Resolution broughtunder Section 6 (2) (f) of the Constitution, one wonders how thiscountry can go back to the Pirate System of choosing ExecutiveCouncil Members around a pot of Stewed Turtle meat. Most of theOld Breeding Turtles kept in captivity in Cayman are gone. Whatshould be evident to all is that: You popular- You like me- Ilike you- We support them- But not them- type of politics wenton the 8th of November 2001.

In these Modern times, it is the Party Systemthat ensures Continuity, Cohesiveness, and Constructive Governance.The Party System is the Corner Stone of British ParliamentaryDemocracy.

The Council of Ministers in Britain, Canada,Australia , Bermuda, Bahamas and even Turks and Caicos islandsare chosen from amongst the Members of the Party that commandsthe Majority in Parliament. It is the modern and only proven Democraticway to govern.

Independent and scatter member politicsin this country are now things of the past. The country will neverbe properly governed unless there is a proper machinery for properParliamentary functions to exist which demonstrates to all voterswho will form the government; and, who will be their next Ministers,and what Ministers will be responsible to for this or that policyand administration. To do otherwise will be likened to leadingthe country on a donkey on quest to find buried gold believedto be hidden somewhere under the landscape of one of the Island'sGolf Courses.

A. Steve McField,
Barrister and
Attorney-at-Law