Fair trial

s.7(2)(a)

Non-discrimination

s.16

indicate that subsection (3) does not apply. The question therefore is whether

regardless of the section’s explicit exclusions must subsection (3) be abided by?

Lawful administrative

action

s.19

Promotion of Administrative Justice Act 2000 was enacted giving effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa,1996 [and to provide for matters incidental thereto].

Education

s.20

require a policy discussion.

Governor

s.31(3)

(3), if any?

Cabinet Secretary

s.48(3)

administrative support to the National Security Council be included (as detailed in s.58.

the Premier

s.49(2)

subsequent to an election but before the House is sworn in, or either?

Appointment of the

Premier

s.49(3)

order to determine what is a majority where the Speaker is one of the elected members of the LA even though he/she has no vote unless it is a casting vote. Amend to make it clear the Speaker is counted.

Council

s.58(11)

Secretary.

The Legislative

Assembly

s.60(1)(a)

&(b)

members when the Speaker is chosen from outside and 17 other elected members where the Speaker is chosen from within the House. (See section 65(1)(a)).

membership of the

Legislative Assembly

s.61(1)(e)

Legislative Assembly

s.61(3)

who has to spend significant periods of time abroad with a dependent at any hospital, clinic or other medical institution.

Qualifications and

Disqualifications

s.62(1)(a)

1. Reducing the required period of residency of candidates in the Cayman Islands prior to the date of nomination would open up the universal right to stand for elective office to a larger number of otherwise qualified citizens. A clear legal definition of “his/her own act” in relation to other citizenship could bring more clarity for the Elections Office when deciding on eligibility of candidates, as well as for potential candidates when deciding whether to contest elections.
2. Consideration should be given whether dual nationals, other than British Citizens,

should be qualified or disqualified from elected membership.

3. Allegiance should perhaps be defined.

Qualifications and

Disqualifications

s.62(1)(e)

Rehabilitation of Offenders Law, language to the effect that “notwithstanding the provision in any other law,” should be inserted.

s.62(1)

the Elections Law, or the Standards in Public Life Law.

Speaker and Deputy

Speaker

s.65(1)(a)

vote to decide a matter, the Speaker is still included for the purposes of determining a majority even without a vote notwithstanding the Speaker having only a casting vote.

People initiated referendum

s.70(1)

people initiated referendums or simply a law enacted providing for each individual referendum when it is petitioned for.

Standing Orders

s.71(10)

whereas the Legislative Assembly (Immunities, Powers and Privileges) Law is much wider. Is s.5 of the Legislative Assembly (Immunities, Powers and Privileges) Law ultra vires the Constitution in that it seeks to significantly expand without limitation the category of persons that can be summoned. Should 71(10) be amended to mirror s.5 if there is an issue? Compare s.38 of the 1962 Constitution which was in force when the Legislative Assembly (Immunities, Powers and Privileges) Law was first enacted with the 2009 Constitution. Did the LA have greater powers of summons under the 1962

Constitution and if so what impact did the current Constitution have on the powers to

summon contained in the Legislative Assembly (Immunities, Powers and Privileges) Law as a consequence of 71(10), if any.

Introduction of Bills

s.77(2)

policy discussion may be required to determine what circumstances should be considered an emergency so that all parties are clear as to when Standing Orders may be suspended.

Governor

s.79(1)

Governor can still table amendments.

Prorogation and dissolution

s.85

1. This section provides a mechanism to extend the life of the House where it has

been dissolved but there is no provision in the Constitution to allow for an extension of the House if it has not been dissolved prior to an emergency occurring. This would require a Constitutional Amendment as was the case in 2004. There is perhaps the need to add a mechanism which allows for extension through consultation and agreement between the Governor, the Legislative Assembly and the Foreign and Commonwealth Office in appropriate circumstances where this other situation prevails.

2. In utilising the powers in this section the Governor is able to recall the House after it has been dissolved but does not provide a “long-stop” date as to when the general elections would then be held to trigger the subsequent dissolution.

Public Accounts

Committee

s.87

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. In contrast, Section 122 of the modern Turks and Caicos Constitution 2011 provides for the PAC to consist of “at least three members of the House appointed by the Speaker from among members who are not Ministers; and two persons expert in public finance who are not members of the House” (one by the Speaker and one by the Governor acting in his/her discretion). The Chairman must be an opposition representative. If a member becomes a Minister, he loses his/her seat immediately in the PAC. The modern and accountable Turks and Caicos Constitution further provides (in s.122(4)) that after consulting the Chairman of the PAC and the Speaker, the Governor, acting in his/her discretion (i.e. his or her unfettered discretion) considers that any member of PAC has a conflict of interest, he/she may appoint another member (who need not be a legislator) to temporarily replace the conflicted member.

Qualification of electors

Cayman Islands prior to registration as an elector which could increase the number of registered electors and enhance overall inclusiveness of the election process.

Right to vote at elections

s.92(1)

words “an elected member” to avoid confusion in the event single member

constituencies are not introduced before the next election or, as is being proposed, Cayman Brac and Little Cayman remain a multi-member constituency after the other

multi-member constituencies become divide into single member constituencies.

Tenure of office of judges of the Grand Court

s.96

Judicial and Legal

Services Commission

s.106(10)

a procedure for dealing with the complaints of persons other than the judiciary in s.106(4) or should there be a specific reference to all persons listed that the JLSC will perform its functions as set out in other laws (i.e. the PSML)?

Services Commission

s.106

advisory body.

Judicial and Legal

Services Commission

s.106

some instances they are treated like regular civil servants which could give a poor perception of the autonomy of the courts.

Judicial and Legal

Services Commission

s.106(1)

short of removal from office, e.g. reprimand, should be devolved to the Chief Justice and President of the Court of Appeal, in a manner similar to the position in the new TCI Constitution. (N.B. The Commission understands the Governor is currently engaged in discussions surrounding this section).

Administration

s.107

“adequate funds”.

Auditor General

s.114

1. Are there adequate provisions to ensure the independence of the Auditor General in

his/her duties?

2. Should the holder of that office be entitled to contractual (unlimited) renewals or should there be a term limit of a specified number of years?

Constitutional

Commission

s.118

5 members and insert a provision to provide the Commission with funding from general revenue.

Interpretation

s.124

should be given allowing that description to repeal all other mentions of “Public

Office and Public Officer”.

Interpretation

s.124

changes after the election i.e. after the election has been contested, but before the House has been sworn in, does the context in section 49(2) require that a different definition of “political party” be used? (See section 124 (1)).