The 12 Caymanian Delegates Travelling to London for the Constitutional Talks
People's Progressive Movement refutes UDP Letter

Hon. McKeeva Bush (UDP), Hon.Linford Pierson (UDP), Hon. Gilbert McLean (UDP), MLA Rolston Anglin (UDP), MLA Julianna O'Connor-Connolly (UDP), Permanent Secretary, Charles Clifford, MLA Kurt Tibbetts (PPM), MLA Alden McLaughlin (PPM), MLA Arden McLean (PPM), MLA Edna Moyle (PPM), Pastor Al Ebanks (CMA), Mr. Billy Adam (PFR)

The People's Progressive Movement (PPM) has described as "potentially misleading", a report by the Hon. McKeeva Bush on the outcome of last Friday's summit on the Constitution.

In a letter dated December 3, 2002, PPM Interim Leader, Hon. D. Kurt Tibbetts wrote the Government leader in the hope of addressing, what was termed "the misconceptions" under which Mr. Bush "appears to be labouring and the erroneous impression" that his statement gave.

In a press release issued Tuesday afternoon, Mr. Tibbetts insisted that the PPM remains steadfast in its position that there should be no significant change to the Cayman Islands Constitution, unless the people of these islands, voting on a referendum or in a General Election, approve the proposed changes.

This, the release said, extends to the question of when the proposed new constitution should be implemented.

The PPM letter to Mr. Bush reads, in part:

"We have made this point repeatedly, both in the public forum and in discussions with you. We made it at the start of last Friday's meeting and had, we thought, made it clear that the position taken by us in the discussions on the proposed constitutional changes was subject to this critically important caveat.

"Regrettably, your letter (to the PPM) fails to acknowledge this fundamental premise upon which Friday's talks proceeded."

This point of clarification was made necessary, Mr. Tibbetts explained, because some persons may have misinterpreted the Leader of Government Business' account of the meeting to mean that there has been "a meeting of the minds" on all major issues, including that of implementation and the methodology for so doing.

"We wish to make it, abundantly clear, that the People's Progressive Movement will not be a part of any scheme to ram these constitutional changes down the throats of the people of the Cayman Islands," the PPM said in a statement.

"In our discussions, Mr. Bush and his United Democratic Party came around to our way of thinking on most issues and we are relieved about that. These include: a full ministerial form of Government; one man, one vote and the creation of 17 single member constituencies; appointment of the Attorney General; term limits on the holder of the post of Chief Minister; votes of no-confidence to be brought against the entire Government; the definition of Caymanian and the selection of a Speaker from outside the membership of the Legislative Assembly.

"The public must be made aware, however, that we are still miles apart on the issue of implementation, particularly as it relates to how the views of the public are canvassed," Mr. Tibbetts said.

The PPM spokesman said it appears that Mr. Bush and, by extension the UDP Government, would be willing to merely canvass the views of a few sectoral leaders, convene public meetings around the country and pass that exercise off as public consultation.

Mr. Tibbetts said the PPM would have no part of it.

He said as soon as the Leader of Government Business had made public his account of the summit, the PPM responded by mail, to point out the glaring omissions and oversights of the statement.

Mr. Tibbetts' letter continued:

"The Constitutional Review Commissioners have recommended that the proposed new Constitution should come into effect following the dissolution of the current Legislative Assembly and that the next General Elections should be conducted under the proposed new Constitution.

" From the outset we have endorsed this approach because we believe it would be undemocratic to do otherwise. It follows therefore that we cannot agree to your proposed timetable for implementation.

"We believe that to bring into effect the key elements of the proposed new constitution prior to General Elections would be undemocratic in the extreme and will not have the support of the majority of the population".

The PPM went on to warn that the proposal by the Leader of Government Business to add another minister to Executive Council and to create the office of Chief Minister is a major departure from what currently obtains and in no way reflects the understanding or intention of the voter when he or she went to the polls in 2000.

Mr. Tibbetts then wrote:

"It remains our position that there needs to be national consensus on the proposed changes to the Constitution.

"This position is reinforced if, as you have proposed, key elements of the proposed changes are to be implemented prior to the next General Elections.

"We therefore renew our previous entreaties to you as Leader of Government Business and the United Democratic Party to agree to hold a referendum on the key elements of the proposed changes to the Cayman Islands Constitution.

" If the people of these islands agree to those changes, including early implementation, then the People's Progressive Movement will be content."

The PPM Leader warned, however, that in the absence of such evidence of public support, the Movement would continue to vigorously oppose the early implementation of a proposed new Constitution or any section thereof, including the proposed undemocratic appointment of a Chief Minister.

Mr. Tibbetts' letter also stated: "While your (Mr. Bush's) letter accurately sets out our agreement on most of the points of contention between us, there are other fundamental issues which you have failed to mention. The omission of these matters from your letter, which you have now made public, is potentially misleading."

The PPM letter added: "On the matter of implementation, you note that "The United Democratic Party believes there are good reasons to support HMG's desire for early implementation of some sections of the modernized Constitution."

"We are astounded by this statement as throughout the entire review process neither we nor the general public have been made aware by your government or Her Majesty's Government ("HMG") of "HMG"S desire for early implementation of some sections of the modernized Constitution."

"In fact, to the contrary, the Governor's Staff Officer has publicly stated that HMG has fixed no timeline for the completion of the process.

"If in fact your assertion is correct, we are gravely concerned to learn at this late stage that HMG has fixed a timetable for the implementation of the proposed new Constitution and that this critical piece of information has been kept from the people of the Cayman Islands.

"This is a matter which we will immediately take up with His Excellency, the Governor and pursue with Mr. Alan Huckle, Head of the Overseas Territories Department, prior to our meeting with the Foreign and Commonwealth Office in London on Monday of next week."

Mr. Tibbetts also wrote that the UDP's proposal to add another minister to Executive Council and to create the office of Chief Minister without the benefit of General Elections are major changes which will radically alter the way ministers are appointed to Executive Council and the way government is administered.

The letter continued: "The creation of the office of Chief Minister is not merely a change in nomenclature. It is not simply a question of converting the title of Leader of Government Business to Chief Minister. What is contemplated is a fundamental change which will invest the holder of the office of Chief Minster with a role, authority and functions which no member of

Executive Council currently enjoys.

"The Chief Minister will have tremendous authority to appoint and fire ministers as well as significant individual authority and autonomy under the proposed new Constitution.

"The holder of that office will be an authoritative leader in a sense that is not currently the case.

"Such a fundamental role and authority change cannot democratically occur without the benefit of General Elections in which the country as a whole is able to demonstrate their support for the Chief Minister by supporting the Party or team which he leads."

The PPM Interim Leader stated that the current members of the Legislative Assembly were elected under the present Constitution in which no provision is made for a Chief Minister.

His letter also stated: "Indeed, there were no parties in existence during the last elections and the electorate did not vote on any basis for a leader.

"There cannot, therefore, be any proper democratic basis for the appointment of a Chief Minister who will have significant powers which no member of Executive Council, including the Leader of Government Business, enjoys under the current Constitution...

"I wish to remind you that your letter also fails to mention that we have insisted that the proposed new Constitution makes provision for people initiated referendum. "Our position is consistent with Strategy 8 of Vision 2008 which, you are no doubt aware, is the Cayman Islands Country Plan, prepared by the people of these Islands and unanimously accepted by all members of the Legislative Assembly, including you.

"It remains our position that there needs to be national consensus on the proposed changes to the Constitution.

"This position is reinforced if, as you have proposed, key elements of the proposed changes are to be implemented prior to the next General Elections."

The PPM letter called on the UDP to agree to hold a referendum on the key elements of the proposed changes to the Cayman Islands Constitution.

"If the people of these Islands agree to those changes, including early implementation, then the People's Progressive Movement will be content. In the absence of such evidence of public support, we will continue to vigorously oppose the early implementation of a proposed new Constitution or any section thereof, including the proposed undemocratic appointment of a Chief Minister," the letter ended.

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