FAQs

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This information is being maintained for archive/historical purposes only.
It will not be updated.

 

 

FAQs

What are the costs involved with implementing the various Commissions and Offices?
Every effort will be made to keep the costs of establishing the new Commissions to a reasonable minimum. Shared resources will be used where possible, while ensuring the independence and vital contribution of these new bodies.
What are the names of the new commissions/councils, and which ones will be permanent?
Only the Electoral Boundary Commission will be short term. All others will remain permanent.
What changes to the Constitution affect the Public Service Management Law (PSML)?
As the Public Service Management Law (PSML) deals with management of Civil Service personnel, some amendments to the PSML have been necessary. The new Constitution calls for establishment of new offices and commissions including changes to some existing offices. The changes relate to:
Why doesn’t the Bill of Rights come into force until 2102?
The Bill of Rights, with the exception of Sections 6(2) and (3), comes into effect on 6 November, 2012 (3 years after the Appointed Day) in order to give the Government sufficient time to amend laws and complete other administrations or related preparations.
What will be the new responsibilities of the Financial Secretary?
The Financial Secretary will become the principal advisor to the Minister of Finance regarding the financial operations of the country. He/She will no longer continue with the Cabinet and Legislative Assembly (LA) roles.
What new responsibilities for the Minister of Finance are sanctioned in section 54 of the Constitution?
The Minister of Finance assumes responsibility for public finance in Cabinet and the Legislative Assembly (LA).
Who does the Financial Secretary report to?
The Financial Secretary reports to the Minister of Finance.
Why is the Constitution referred to as a "living document"?
The Constitution is a legal document and has a single legal interpretation. "Living document" tends to refer to the fact that it has an impact on every day life whether we are aware of it or not. In interpreting the Constitution, it is said to grow, expand, adapt. In this way, it can evolve like a living thing.
When and where did the constitutional negotiations take place?
The Constitutional Negotiations between the United Kingdom Government and the Cayman Islands Delegation comprised three round of meetings held from 29 September, 2008 – 5 February, 2009. The last round was held in London, England.
Who participated in the constitutional negotiations?
A number of persons participated in the negotiation meetings. They are as follows:
United Kingdom Foreign and Commonwealth Office
  • Mr. Ian Hendry, Chairman of the UK Delegation
  • Ms. Susan Dickson, Legal Counselor
  • Michael Bradley, Legal Counselor
  • Ms. Helen Nellthorp, Dep. Director, Overseas Territories Department
  • Ms. Sarah Latham, Cayman Islands Desk Officer, OTD & FCO Advisor
Cross Bench
  • His Excellency the Governor Mr. Stuart Jack, CVO
  • Honourable Samuel Bulgin, QC, Attorney General
  • Fiona Sinclair, Governor’s Office
Cayman Islands Government
  • Honourable D. Kurt Tibbetts, JP
  • Honourable Alden M. McLaughlin Jr., JP
  • Honourable Arden McLean, JP
  • Honourable Charles Clifford, JP
  • Professor Jeffery Jowell, QC , Constitutional Advisor
Cayman Islands Government Opposition
  • Honourable W. McKeeva Bush, OBE, JP
  • Mr. Rolston M. Anglin, MLA
  • Mr. Cline A. Glidden, Jr., MLA
  • Ms. Julianna Y. O’Connor–Connolly, JP MLA
  • Mrs. Theresa Pitcairn, Legal Advisor
Non-Governmental Organizations
  • Mr. Wil Pineau, Chamber of Commerce
  • Mr Eddie Thompson, Chamber of Commerce
  • Mrs. Sara Collins, Human Rights Committee
  • Ms. Melanie McLaughlin, Human Rights Committee
  • Pastor Alden Ebanks, Cayman Ministers’ Association
  • Pastor Eric Clarke, Conference of Seventh-day Adventists
  • Pastor Shian O’Connor, Conference of Seventh-day Adventists
Could the Constitution have been passed without the inclusion of a Bill of Rights?
No, the United Kingdom Government gave clear indication that the Cayman Islands modernized Constitution required a Bill of Rights. This position was originally stated in the 1999 White Paper.
Is there a holiday honouring the Constitution?
Yes, it is observed on the first Monday in July of each year. July 4, 1959 which was when the first Constitution was written.
What are Standing Orders?
Standing Orders are the working rules of The Legislative Assembly (LA) which details procedure for its specific functions; including duties and responsibilities. They are also used to monitor the conduct of business within Government.
What are checks and balances?
A system within Government where no individual or institution could acquire oppressive power without examining other associated areas.
How can the people call a Referendum?
Part IV sections 69 and 70 of the new Constitution permits 25 percent of voters to present a signed petition to Cabinet, which can then result in a People Initiated Referendum.
Can the Constitution be amended without the consent of the people of the Cayman Islands?
As stated in the 2009 Constitution, any further changes to this ‘living’ document cannot be made without a Referendum, unless the change, being minor or uncontroversial, is declared by the Premier and Leader of Opposition.