Hon Kurt Tibbetts Leader of Government Business	Ian Hendry Head of FCO delegation

 

By Tad Stoner
tad@caymannetnews.com

The second round of talks on the Cayman Islands’ new constitution closed on Friday morning, 16 January amidst optimism from most of the delegates, who will gather in London in two weeks for final negotiations.

Head of the four-member Foreign and Commonwealth Office (FCO) group, Ian Hendry, declared his expectations surpassed by the four-day talks, which opened last Tuesday, 13 January, at the Westin Resort, and vowed to have a revised draft constitution ready this week.

“For the last three days we have had very productive sessions,” Mr Hendry said on Friday, summing up the negotiations. “My opening calls for cooperation have been fulfilled and the atmosphere was excellent.

“I value all the contributions from all the parities at the table. It was more than I expected. We dealt with many of the issues from September and October,” he said referring to the four-day 29 September first round of talks that wrapped up on 2 October.

Mr Hendry produced the 84-page first draft of the new constitution shortly afterwards, circulating it in George Town in early November to a limited roster of constitutional delegates. New talks were initially scheduled for early December, but were delayed by the 8 November arrival in the Cayman Islands of category 4 Hurricane Paloma.

“There are, however, a few outstanding issues we’ll have to take to the final round in London. We are trying for the week of 2 February,” he said, when Minister for Overseas Territories Gillian Merron would head the negotiations.

He called for “a preliminary meeting on 3 February not involving the Minister, just to clear away any technical particulars, and then a day or two, if needed, chaired by the Minister, who will have to take political decisions if any are needed.”

Reacting to wide local dismay that the public had not been allowed to see the November draft, Mr Hendry vowed the latest document would be publicly available: “I have no objection to that text being published,” he said.

Both Mr Hendry and Leader of Government Business, the Hon Kurt Tibbetts, pointed out a series of unresolved issues, however, including language on non-discrimination in the bill of rights; limitations on the powers of the governor; and creation of a formal Human Rights Commission.

Other outstanding questions included reserve powers of the governor to enact legislation unilaterally; the power of a new National Security Council to share gubernatorial responsibilities for both internal and external security; limits on public debt; and a possible hiatus between a civil servant’s departure from office and eligibility as an electoral candidate.

Areas of agreement included creation of the office of premier to replace the Leader of Government Business as chief among elected officials; the expansion of Cabinet from five Ministers to seven Ministers, and of the LA from 15 elected members to 18 elected members; and, despite proposals to the contrary, the Attorney General will remain a member of both the Cabinet and the LA, providing legal advice to both although no longer having a vote in either.

A Judicial and Legal Services Commission will appoint and discipline judges; a Public Prosecutor’s Office will assume the duty of the Attorney General to decide on prosecutions; and a Commission for Standards in Public Life will scrutinise possible conflicts of interest among officials.

The thorniest issue, however, remains the bill of rights.

Human Rights Committee spokeswoman Melanie McLaughlin openly dissented from the new document’s negotiated language, which forbids “vertical” discrimination by government against citizens, but allows “horizontal” discrimination in private matters.

“The HRC is gravely disappointed by the proposal to significantly restrict the right of non-discrimination,” she said, calling it “retrograde and appalling”.

“None of the grounds of non-discrimination apart from sexual orientation generated any controversy or public debate. However, in an effort to remove any protection for one group … it is now proposed to limit the right of non-discrimination for all,” she observed, predicting the legal effect of altered language.

Ms McLaughlin quoted committee chair Sara Collins: “I regret any attempt on our part to move towards compromise on issues … such as the dignity and right to equal treatment of the residents of the Cayman Islands … There should be equality for all. No one among us has the right to diminish the lives of our fellow law-abiding residents,” Ms Collins said.

The LoGB told the gathering the path was clear for February talks in London, and called for a preliminary 29 January gathering of local delegates to hammer out any remaining issues.

“There is now a feeling among all of us of great optimism that we will be able to deliver to this country a modern constitutional framework fit for purpose which will guide Cayman’s continued progress and development for many years to come,” Mr Tibbetts said.