It is very doubtful if the five independent members of Cayman Islands Legislative Assembly (LA) will be able to stop premier Alden McLaughlin from calling an early General Election if he wants to.

Deputy Governor Franz Manderson replied to their letter where they claimed the premier could not call an early election without first consulting all members of the LA.

From The Office of the Governor, Grand Cayman, Cayman Islands

FROM THE ACTING GOVERNOR

5 February 2016

MLA’s McLean, Eden, Miller, Suckoo and Connolly
Members of the Legislative Assembly
Grand Cayman
Cayman Islands

News reports of a call for early elections by Hon Alden McLaughlin, Premier

Thank you for your letter of 28 January 2016 to HE The Governor in which you express your concerns about the recent news reports that the Honourable Premier Alden McLaughlin has stated that an early election is an option.

I have discussed this reply at length with the Governor who is currently off Island.

Section 84(3) of the Constitution provides that the Governor shall dissolve the Legislative Assembly (LA) at the expiration of four years from the date when the Assembly first meets after any general election unless it has been sooner dissolved pursuant to this Constitution. The use of the word ‘unless’ clearly means that there is the possibility of a general election to be held earlier than four years, The enabling provision for doing so is Section 84 (2) which states that the Governor, acting after consultation with the Premier, may at any time, by proclamation, dissolve the Legislative Assembly.

The significance of this latter section is that there may very well be circumstances in which the Governor in his or her discretion, but after consulting the Premier, considers it necessary to dissolve the Legislative Assembly for general elections before the usual four years duration.

Apart from defections of members from the Government side that may cause a Premier to speak to the Governor about potential early elections there may very well be other reasons why, even with a clear majority, he may wish to seek early elections if in his opinion it has become impossible for his government to properly function.

In such circumstances there may be a compelling constitutional imperative to consider dissolving the Legislative Assembly to pave the way for early or fresh elections. Good administration would require that the Governor gives great weight to such a request and

that barring compelling counter reasons, may be minded to agree to it, but it is ultimately the Governor’s decision whether or not to accede to the request.

You have asserted that the Governor has an obligation to consult all members of the Legislative Assembly before agreeing to call an early election. The Constitution has no such requirement. The only consultation mandated by the Constitution is that to be found in Section 84(2) and that is consultation with the Premier.

The Nineteen Single Member Electoral Districts Boundaries Order 2015 (“the Order”) was published on 25 November 2015. Clause 1(2) of the Order states that the Order shall come into force upon the next dissolution of the LA. Accordingly, any dissolution ofthe Legislative Assembly in furtherance of an election will automatically trigger the Order. It follows therefore, that any future elections, early or constitutionally due, can only be conducted on the new system of nineteen single member electoral districts.

Given that the Premier has not asked for an early election, I am not persuaded that it would be appropriate for me to make a public statement at this stage.

I hope this helps to clarify this matter.

Cc: The Honorable Premier, Alden McLaughlin, MBE, JP, MLA The Honorable Acting Premier, Moses Kirkconnell, JP, MLA

END

I found it a very strange request and it shows to me the fright of these members who campaigned so hard for the One Man One Vote that the decision of three of them to leave the Government bench may backfire.

However, it is a shrewd move by the premier to say he may have to call an early election. It is sure to make them think twice in not supporting him when it comes to vote for his motions.