Cayman Net News
   Welcome to Cayman Net News Online: Today's print edition 
Search: web our site     



News from the Cayman Islands for

Back To Today's News

Editorial: Moving ahead with the new constitution

Published on Tuesday, November 10, 2009 Email To Friend    Print Version

After what was surely the longest gestation period of any new constitution in the British Overseas Territories – over eight years if one counts the aborted pre-2004 attempt at constitutional reform – we now have a new constitution in effect that was agreed by both British and Cayman Islands interests and accepted by the Cayman electorate in a referendum.

It was always going to be an impossible task to please everyone during the constitutional negotiations and it is equally certain that few are completely happy with the document as adopted and now enforced.

Some were in fact resistant to the idea of constitutional change in the first place, including some politicians that seemingly couldn’t make up their minds from one day to the next but are now enjoying the newly acquired power and prestige conferred on them by the new document.

There are aspects of the new constitution that many including ourselves do not have our support and would have preferred to see dealt with differently, but we were and are willing to embrace it, warts and all, because it means that, after all these years, the modernisation of our democratic institutions has finally become a reality instead of a long-held aspiration.

It has been view of this newspaper – and one that we have consistently expressed in these columns –that we must have a new constitution if we are to progress as a democratic society.

The new constitution will not, however, be any kind of “magic bullet” that will immediately and miraculously solve the many problems that are currently facing us but at least it gives us a more modern framework in which to move forward to address these issues.

Yes, the new constitution is by no means 100 percent perfect, but it is a step in the right direction. Furthermore, it is only written in stone if we allow it to be by not continuing to push for further advances in the years ahead.

The new constitution itself admits the possibility of change in the future, so we should all embrace the opportunity to move forward now and plan to fight subsequent battles down the road – remembering that, change is good.

It is perhaps appropriate today to acknowledge the contribution of leadership of the People’s Progressive Movement (PPM) for their efforts when in office up until May 2009 in moving the constitutional modernisation process forward ultimately to a successful conclusion.

Yes, we had our differences of opinion along the way but the fact remains that the contribution of the then opposition United Democratic Party (UDP) was ineffectual at best and counterproductive at worst. If we had to rely on the UDP to accomplish constitutional advancement, we would probably still be waiting – as we were in 2004.

Whilst the elected ministers may be looking forward to their newly expanded responsibilities, there is, however, always the underlying reality that, when the chips are down, all power is reserved to the Governor, acting on behalf of and at the behest of the Foreign and Commonwealth Office (FCO).

There are certain facts of life when it comes to our relationship with Britain, whether under the old constitution or the new one, which have recently been illustrated, much to the apparent chagrin of our own elected leadership, by the intransigence of the FCO in relation to sorting out our economic situation.

But, no matter how much huffing and puffing there may be on the part of elected politicians about the extent of the Governor’s reserved powers, it is only by the grace and favour of our colonial sovereign that we enjoy even a partial ability to conduct our own affairs and be masters of our own destiny to the limited extent permitted.

Although this may not sit comfortably with the elected ministers, it remains a welcome safeguard for the ordinary people of the Cayman Islands, especially coupled with Britain’s newly rediscovered willingness to adopt a more hands-on approach to the administration of its overseas territories.

We therefore encourage those in positions of power and influence to ensure that the extended powers and responsibilities given to elected officials are exercised in a proper and prudent manner, so that we don’t end up in the situation the Turks and Caicos Islands found themselves in of having their constitution partially suspended by Britain and the system of ministerial government brought temporarily to an end.

This newspaper, for one, will needless to say continue to be as vigilant as always in our scrutiny of official conduct and behaviour and report the same to our readers without fear or favour.

 
Reads : 3009


Back...

Comments:

Edward Sisson:
Do you have elected representation in the UK parliament? If not; what force does this Constitution really have? Power is reserved to an office of the Parliament, correct -- the FCO? Do your citizens have any electoral sway over the FCO?


Back...

Send us your comments!  

Send us your comments on this article for publication in our Readers' Forum or as a Letter to the Editor. All fields are required and in the interest of openness and transparency we will no longer accept anonymous submissions. We therefore request that all submissions include a name for publication, regardless of content. We will in special circumstances protect a writer's identity only after we have established good cause for anonymity, otherwise we will not be able to publish the submission.

For your contribution to reach us, you must (a) provide a valid e-mail address and (b) click on the validation link that will be sent to the e-mail address you provide.  If the address is not valid or you don't click on the validation link, it will be a waste of your time typing your submission because we will never see it!

Your Name:
Your Email: (Validation required)
Comments:
Enter Validation Code *