Constitutional review amendments not quite so minor

As can be seen on our front page story today “Cayman Islands Constitution Review now published on website” the so called ‘minor and administrative’ recommendations to the Cayman Islands Constitution are a lot more than that.

The story referred to can be found at: http://www.ieyenews.com/wordpress/cayman-islands-constitution-review-now-published-on-website/

This claim by Cayman Islands Premier, Alden McLaughlin, they are ‘minor’ and ‘administrative’ must be questionable.

I can understand the premier’s reluctance to want a referendum on the matter but even the Foreign and Commonwealth Minister in 2009, Chris Bryant who was then in charge of the Overseas Territories, said any changes to the constitution had to be made after a referendum unless the changes were agreed as minor and uncontroversial by both the premier and the opposition leader.

The Commission also believes the changes can be made without the need for a referendum.

It is doubtful they or McLaughlin is going to get this as our Leaser of the Opposition, McKeeva Bush, has already hinted there should be a referendum on the matter.

I do not believe the proposed changes are controversial but some of them are significant.

Here are some of the comments made by various other parties that has identified a substantial number elements that the chairman, David Rich, said were “sufficiently important to warrant being considered for amendment.”

Issues listed include:

Appearing “to permit the passage of legislation, from time to time, that could erode the substantive right of presumption of innocence. An amendment may be desirable to empower the court to make the decision rather than authorising legislation which may cause a violation of an individual’s right.”

“What are the limitations to the exercise of the Governor’s powers, if any?”

How the “Appointment of Premier” is queried.

Amendments relating to the Speaker of the House.

How a person qualifies to vote.

Qualifications how a person can become a member of the Legislative Assembly (LA).

Standing Orders.

What constitutes an emergency when introducing bills to the LA.

Prorogation and dissolution of the life of the LA.

Return of bills by the Governor.

Accounts Committee even when their own government’s accounts are being considered and to remain a member even when that member has a conflict of interest.

The age of judges.

The independence of the Auditor General.

Funding and number of persons on Constitutional Commission.

The definition of “political parties”.

There are many more and I would urge you to read our front page story today I have referred to.

I believe the Constitutional review amendments are not quite so minor that they won’t be agreed on without a referendum vote. How it is all going to be phrased in language the majority of the public can easily understand and vote on is going to be a task in itself.

The Commission strongly recommends that the Premier and the Leader of Opposition establish a Committee to consider this matter in further detail, but McKeeva has publically said he is no hurry to discuss the constitution. Without his consent nothing can happen.

He believes the constitution at this time is minor. Of minor importance. That is the only ‘minor’ he is going to agree with McLaughlin on.