CAYMAN ISLANDS LEGISLATIVE ASSEMBLY EDITED HANSARD EXCERPT 2019/2020 SESSION Friday 6 December 2019 (Pages 1-44) Dr. Hon. W. McKeeva Bush, OBE, JP, MLA, Speaker Disclaimer: The electronic version of the Official Hansard Report is for informational purposes only. The printed version remains the official record. PRESENT WERE: SPEAKER Hon W McKeeva Bush, OBE, JP, MLA Speaker of the Cayman Islands Legislative Assembly MINISTERS OF THE CABINET Hon Alden McLaughlin, MBE, JP, MLA The Premier, Minister of Human Resources, Immigration and Community Affairs Hon Moses I Kirkconnell, JP, MLA Deputy Premier, Minister of District Administration, Tourism and Transport Hon Juliana Y O'Connor-Connolly JP, MLA Minister of Education, Youth, Sports, Agriculture and Lands Hon Dwayne S Seymour, JP, MLA Minister of Health, Environment, Culture and Housing Hon Roy M McTaggart, JP, MLA Minister of Finance and Economic Development Hon Joseph X Hew, JP, MLA Minister of Commerce, Planning and Infrastructure Hon Tara A Rivers, JP, MLA Minister of Financial Services and Home Affairs EX OFFICIO MEMBERS OF THE CABINET Hon Dax Basdeo Acting Deputy Governor, ex officio Member responsible for the Portfolio of the Civil Service Hon Samuel Bulgin, QC, JP. Attorney General, ex officio Member responsible for Legal Affairs ELECTED MEMBERS GOVERNMENT BACKBENCHERS Capt A Eugene Ebanks, JP, MLA Elected Member for West Bay Central Ms Barbara E Conolly, MLA Elected Member for George Town South Mr Austin O Harris, MLA Elected Member for Prospect Mr David C Wight, MLA Elected Member for George Town West OPPOSITION MEMBERS Hon V Arden McLean, JP, MLA Leader of the Opposition - Elected Member for East End Mr Alva H Suckoo, MLA Deputy Leader of the Opposition - Elected Member for Newlands Mr Anthony S Eden, OBE, MLA Elected Member for Savannah Mr Christopher S Saunders, MLA Elected Member for Bodden Town West Mr Kenneth V Bryan, MLA Elected Member for George Town Central Hon Bernie A Bush, MLA Deputy Speaker - Elected Member for West Bay North INDEPENDENT MEMBER Mr D Ezzard Miller, MLA Elected Member for North Side Edited Hansard Excerpt Friday, 6 December 2019 1 EDITED HANSARD EXCERPT SECOND MEETING 2019/2020 SESSION FRIDAY 6 DECEMBER 2019 10:55 AM Seventh Sitting [Hon. W. McKeeva Bush, Speaker, presiding] AND WHEREAS a delegation comprised of the Premier, the Honourable Leader of the Opposi- MOTIONS tion, two Ministers, the Deputy Leader of the Op- position, the Honourable Attorney General, and GOVERNMENT MOTION NO. 3/2019-20—CAYMAN other Government Officials met with Officials from ISLANDS CONSTITUTION (AMENDMENT) the Foreign and Commonwealth Office and dis- cussed potential amendments to introduce further ORDER 2019 th th constitutional safeguards on the 7 and 10 of The Speaker: Honourable Members, yesterday the December, 2018; House suspended the relevant Standing Order for the AND WHEREAS, following the discussions Motion to move forward. held in December, 2018, a first draft of an Order in Council was sent to the Premier under cover of a I call on the Honourable Premier. th letter dated 6 January, 2019 from Lord Ahmad of The Premier, Hon. Alden McLaughlin, Minister of Wimbledon, Minister of State for the Common- Employment, Border Control, Community Affairs, wealth and United Nations for the consideration of the Cayman Islands Government; International Trade, Investment, Aviation and Mari- th time Affairs: Thank you, Mr. Speaker. AND WHEREAS, on the 24 April, 2019 a Mr. Speaker, I beg to move Government Mo- letter was submitted by the Premier to Lord Ah- tion No. 3/2019-20—Cayman Islands Constitution mad of Wimbledon, Minister of State for the Com- (Amendment) Order 2019. monwealth and United Nations, seeking further consideration of a number of key proposals not addressed in the first draft of an Order in Council; WHEREAS, the passage of an amendment th to the UK’s Sanctions and Anti-Money Laundering AND WHEREAS, on the 10 November, Bill, 2018 brought into question issues regarding 2019 the Premier received a letter from Lord Ah- the constitutional relationship between the United mad of Wimbledon, Minister of State for the Com- Kingdom and the Cayman Islands, and; monwealth and United Nations that was accompa- AND WHEREAS the Premier had audience nied by an updated Draft Cayman Islands Consti- tution (Amendment) Order, 2019; with the Prime Minister of the United Kingdom on th the 15th May, 2018 and subsequently participated AND WHEREAS, on the 20 November, along with other Overseas Territories Heads of 2019 the Premier and the Honourable Leader of Government in a teleconference with the Prime the Opposition indicated in a joint letter to Lord Minister on the 24th May, 2018 to discuss the re- Ahmad of Wimbledon, Minister of State for the sults of the debates in the House of Commons and Commonwealth and United Nations, that although the House of Lords regarding the passage of the the changes represented in the Draft Cayman Is- amendment to the Sanctions and Anti-Money lands Constitution (Amendment) Order, 2019 are Laundering Bill; not minor, they are nonetheless uncontroversial AND WHEREAS on the 17th May, 2018 the and therefore in such circumstances a Referen- Premier met with the Chancellor of the Duchy of dum is neither necessary nor appropriate; AND WHEREAS the United Kingdom Gov- Lancaster, who was appointed by the Prime Minis- th ter to oversee the constitutional discussions, to ernment, by way of a letter dated 10 June, 2009 set out the concerns of the Cayman Islands Gov- from the then Parliamentary Under-Secretary of ernment; State, advised that where such a declaration is AND WHEREAS on the 30th October, 2018 made by the Premier and the Leader of the Oppo- after consultation with the then Leader of the Op- sition, a referendum may not be necessary and in position, the Premier formally submitted a docu- which case a resolution of the House would be ment to Lord Ahmad of Wimbledon, Minister of sufficient; State for the Commonwealth and United Nations AND WHEREAS, pursuant to the letter from the United Kingdom’s Parliamentary Under- entitled, “Draft proposals for discussions with the th UK Government on Constitutional Revisions”; Secretary dated 10 June, 2009 a resolution of the Legislative Assembly approving the proposed Cayman Islands Legislative Assembly 2 Friday, 6 December 2019 Edited Hansard Excerpt Draft Cayman Islands Constitution (Amendment) House and in Cayman, and so, there was an exhaus- Order 2019 is now sought; tive consultation period involved. BE IT THEREFORE RESOVED that this Following the successful referendum vote ap- Honourable House does approve the proposed proving the Constitution Order 2009, the Cayman Is- amendments to the Cayman Islands Constitutional lands Government wrote to the United Kingdom Gov- Order 2019 (“The Constitution”) as set out in the ernment regarding the process to be followed with Draft Cayman Islands Constitution (Amendment) respect to any further changes to the Constitution and Order, 2019 sent to the Premier, Honourable Alden suggested that such changes of real significance or McLaughlin, under cover of letter dated 10th No- involving controversy ought to be the subject of an- vember, 2019 from Lord Ahmad of Wimbledon, other referendum. Minister of State for the Commonwealth and Unit- Mr. Speaker, on the 10th June, 2009 when you ed Nations, subject only to delaying the coming were then Leader of Government Business, before the into effect of the proposed amendment of section Cayman Islands Constitution Order 2009 came into 44(1) of the Constitution, until after the next Gen- effect, the then Minister for the Overseas Territories, eral Elections; styled as Parliamentary Under-Secretary of State in BE IT THEREFORE FURTHER RESOLVED, the Foreign and Commonwealth Office, wrote to you that a copy of the resolution of this House and the in the following terms: transcript of the debate on this Motion be for- “Dear Mr. Bush, warded to the Foreign and Commonwealth Office “As part of the constitutional modernisation upon completion of the debate and the vote there- process the Cayman Islands Government made the on. following proposal: “After the present modernisation process has The Speaker: The question is: Be it therefore re- been completed, further changes to the Constitution solved that this honourable House does approve the should not be made without the authorisation of a ref- proposed amendments to the Cayman Islands Consti- erendum unless the change is declared by the Prem- tutional Order 2019 (“the Constitution”) as set out in ier and the Leader of the Opposition to be minor or the Draft Cayman Islands Constitution (Amendment) uncontroversial, in which case a resolution of parlia- Order, 2019 sent to the Premier of the Cayman Is- ment would be sufficient.” lands, the Honourable Alden McLaughlin, under cover “The United Kingdom Government should be of letter dated 10th of November, 2019 from Lord Ah- invited to agree that it would honour this referendum mad of Wimbledon, Minister of State for the Com- requirement.” monwealth and the United Nations, subject only to That was a quote from the letter written by the delaying the coming into effect of the proposed Cayman Islands Government. The Minister respond- amendment of section 44(1) of the Constitution until ed: after the next General Elections; “In general, the United Kingdom Government And be it therefore further resolved that a approves the idea that substantial constitutional copy of the resolution of this House and the transcript changes should be supported by the people of the of the debate on this Motion be forwarded to the For- Cayman Islands in a referendum. eign and Commonwealth Office upon completion of “Accordingly, the United Kingdom would nor- the debate and the vote thereon. mally use its best endeavours to honour this referen- The Motion is open for debate. dum requirement; however, there may be exceptional The Honourable Premier.