Stuart Jack

Governor of the Cayman Islands

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Tuesday 17 November, 2009

Cabinet

When I started this blog I said that one purpose was to explain what a governor did. I’ve written about several facets of the job (ceremonial, community events, good governance, law and order) but not actually about the most regular and time-consuming aspect, which is Cabinet. 

  

Today we had our first weekly Cabinet session under the new Constitution. So now might be a good time to describe briefly what a governor’s role is in this respect. Details of what is discussed are confidential but I can see no reason why the public should not be told in general terms about how Cabinet operates. 

  

Cabinet is where all major decisions of the government are taken, at least formally (the ruling party may have actually decided at a party caucus meeting the day before). Under the new Constitution Cabinet is made up of the Premier and the four other elected Ministers and also the Deputy Governor and Attorney General, neither of whom has a vote. The Cabinet Secretary attends but no longer the Financial Secretary (unless invited for a specific meeting). 

  

The Governor normally chairs as “President of Cabinet”. But on most subjects he does not usually say anything – these are the matters like finance, economy, education, health etc which are devolved to the elected government. Only in extreme circumstances, and on instructions from British Government Ministers, does a governor use his reserve powers to overrule the elected government (I have done so only once in 4 years). 

  

The Governor’s role involves: 

  

-         together with the Premier agreeing the agenda (Wednesday/Thursday before the following week’s session). This involves looking at all the paperwork that will go to Cabinet for decision or information   

 

-         holding pre-Cabinet meetings to prepare for the meeting, for example to check that all necessary information is available and that legal aspects have been considered (Monday) 

 

-         chairing Cabinet: ensuring that the meeting is conducted in accordance with Cabinet rules and in particular that the conclusions of each agenda item are clear and properly recorded. (Tuesday)  

-         checking the draft minutes produced by the Clerk (Wednesday/Thursday)  

-         signing off the final version of the minutes (sometime after the next Cabinet session that will have confirmed the minutes).  

Other less important or urgent matters not on the original agenda can also be discussed under Any Other Business at the end of the meeting, but for major decisions there should be a policy paper containing all the necessary background information.   

Sometimes a session will begin with a presentation on a particular subject, for example a major project or new policy initiative. The presentation is given by officials, the Chair of a statutory board, or others involved.   

The weekly Tuesday Cabinet meeting can last from an hour to most of the day, typically 2-3 hours with 10-20 “Papers” (for decision) or “Notes” (for information only). Usually a few of these are deferred to a later meeting in order to allow for more consideration or further information. Cabinet can be held on another day of the week if necessary. Decisions can also be taken by a written round robin procedure any day of the week, though this is normally used only for more straightforward and urgent matters.   

The minutes are important as government departments will only take action on a decision once they receive an extract of the signed minutes. Advance copies can be authorised if something is urgent.   

There are Cabinet rules including a code of conduct that covers issues like conflict of interest and declaration of any personal interest in a matter being discussed. At present the code is part of a confidential document. In this age of greater transparency I personally do not see why it should not be made public. But any change will now have to await my successor and may also involve the new independent Commission for Standards in Public Life.

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Monday 16 November, 2009

Legal Aid

There has recently been a lot of controversy about legal aid in the Cayman Islands – how it should be administered and how much public money should be spent on it. That is a legitimate matter for the elected government to consider. But it is also something that a governor must take an interest in.  Human rights obligations require an adequate legal aid system and care must be taken not to disrupt the operation of the courts and hence justice.

 

After a lot of meetings, telephone conversations, correspondence and legal advice I drafted a press release; both the Government and the Judiciary were content with the text; and I issued it (it can be found at www.gov.ky or www.ukincayman.fco.gov.uk).  

 

Some of the media presented this as a victory for one side or another.  That is not correct. The agreements reported in the press release (setting up of a committee to look at proposals to change the legal aid system and the provision of more money) should meet the needs of all the main stakeholders, at least for the time being.

 

 

 

 

 

 

 

 

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Cayman history: fact and fiction

Fact can be fun: the National Museum  

 

I am always keen to understand the history and culture of wherever I live or visit, and I am keen that those who work with me do likewise. So last Friday I went with my wife and some of the staff of my office to see the recently re-opened National Museum of the Cayman Islands.

Talking exhibit at National Museum

This is an excellent small museum, using modern technology and display methods to explain the natural and human heritage of these three islands. The 1950s is a period given particular prominence as the time when Cayman started to change from “the islands the world forgot”, a poor country but with a proud seafaring tradition, to a major financial centre and tourist destination. There are things to touch, buttons to press, videos to watch and voices to listen to. So plenty of fun for kids, young and old, as well as a lot to learn.

  

 Fiction can be fun: Pirates Week

Friday was also the start of Pirates Week, Cayman’s main annual festival. Pirates are part of Cayman’s tourist brand – the emblem of Cayman Airways is Sir Turtle, one of whose legs is wooden and definitely reminiscent of Long John Silver from “Treasure Island” (the name of one of the resort hotels).

In fact there is little evidence of Cayman’s involvement with pirates. These islands, unlike the Bahamas or Port Royal in Jamaica, were never a pirate base. A history of Caribbean piracy which I have only mentions Cayman once.

The festival is all the same great fun, particularly the Pirates’ Landing on Saturday. In this pirates land off a replica ship, defeat the redcoats (British soldiers) and capture the Governor, whom they keep until the pirates are themselves defeated and tried at the end of the week. It is said that actual governors agreed to take part in this comic drama on the waterfront in George Town until one was accidentally dropped in the sea. Since then an actor has done the job. There was talk of my playing the part this year for real, but a lifejacket didn’t go with 18th century governor’s robes…

Pirates capture false governor

Not everyone likes the association of Cayman with pirates, even in this jocular fashion, and so the festival’s future is uncertain. What is not in doubt are the heritage days in each district that fill the rest of the week, which focus much more on local handicrafts and food than on pirates. Personally I hope that they keep both components of the week and the name.

 

 

 

 

 

 

 

 

 

 

 

 

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Not by blog or blackberry alone

Six months as a blogger

 

It is exactly six months since I started this blog. In that time I have written 66 entries (if you include three going on the blog today). They have covered a lot of subjects relating to Cayman, from the Constitution to crime, from the environment to elections, hurricanes to heritage, senior citizens to sport.  

 

I have covered pretty well every major topic. There are two subjects which I will have only touched on lightly: sex and religion. The main reason I have kept away from these is that they are about people’s private lives. But there are related issues like teenage pregnancy – a big but largely unspoken problem in Cayman – that should not be ignored.  

Governments and governors must also respect people’s religious beliefs and the role of churches, and they have a responsibility to ensure freedom of religion.  

 

My wife, Mariko, and I will be leaving the Cayman Islands at the beginning of December, and so I’ll be writing only a few more entries as Governor. These will include some parting thoughts about this country – maybe something like “10 wishes for the Cayman Islands”.

People are more important than technology

 

One of the best known lines in the Bible is “Man shall not live by bread alone”, which is usually interpreted to mean that people need more than just material goods; they have spiritual needs. There is also a novel called “Not by Bread Alone”, written by a communist Russian writer Vladimir Dudintsev (I studied Russian literature at university). Communism in the Soviet Union was atheistic and materialistic but even some communists  recognised that people needed more than just material progress; values like honesty and humanity are important.

 

That remains true today. Human contact or “face time” is vitally necessary, particularly in families but also in government, business or nearly any area of endeavour. Blogs and blackberries are useful (and sometimes addictive) – they facilitate human interaction and sharing of information and ideas. But they are not a total substitute for people meeting together, for eye to eye contact, for problems solved with a handshake.

 

 

 

 

 

 

 

 

 

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Thursday 12 November, 2009

Reports on sea level rise and energy policy now available

My preceding blog mentions Cayman’s frequent problem of flooding. This is a particularly serious issue during hurricanes when combined with storm surge (incursion of sea water) as during Hurricane Ivan in 2004. 

  

Climate change threatens to make this even more of a challenge as sea level rises and hurricanes become more intense. The sooner an adaptation strategy is adopted the easier it will be to mitigate these risks. 

  

The Governor’s Office website (www.ukincayman.fco.gov.uk) now carries an expert report on the subject of sea level rise that makes sobering reading. There is also one on energy policy. Both of these are just reference documents, paid for by the FCO, to assist the Cayman Islands think about these issues and hopefully work up its own strategies.

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A wet weekend of celebration and remembrance

This past weekend provided many people in the Cayman Islands with a four day break – either side of the weekend were public holidays, a one-off this year on Friday for the start of the new Constitution and a regular one on Monday for Remembrance Day. 

  

A reminder of Cayman’s propensity to flood 

  

Unlike most in sunny Cayman it was not a great weekend for beach lovers. Fortunately this year’s hurricane season has been kind to us so far with only some three weeks to go. But as Tropical Storm Ida passed by all three islands had a lot of rain, leading to some local flooding. 

  

We celebrate a new Constitution and we remember those who have died in war 

 

On Friday we celebrated the new Constitution of the Cayman Islands (see my blog for 7 November). 

  

A more solemn ceremony was held on Sunday 8th for Remembrance Day. The rain forced it inside – into the splendid setting of Elmslie Memorial Church, sometimes known as Cayman’s cathedral. I actually thought this in many ways a better place for the ceremony than outside – the atmosphere was solemn and the music sounded splendid, and there was not the usual problem of members of the parade, particularly children, fainting in the heat (8 apparently did at the Constitution event). But the wreaths had to be laid at the altar rather than the war memorial (see the clip on www.cayman27.com.ky ). 

  

Just as the rain paused on Friday for the Constitution ceremony, so it did on Sunday when we emerged from the church to walk to the second memorial where wreaths are traditionally laid, that to Caymanian seamen. Many Caymanians fought at sea in WW2. 

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Monday 09 November, 2009

The independence of the Auditor General

In a democracy such as the Cayman Islands it is vital to have checks and balances on government. That means ensuring the independence of the judiciary, the police and prosecutors, and of key institutions such as the office of the Auditor General, Complaints Commissioner and Information Commissioner. One of a Governor’s most important responsibilities is to defend that independence, which of course the Governor himself or herself has to respect. 

  

The actions and decisions of all of these will often arouse controversy, particularly on the part of those whose activities might be under the microscope or who have had an adverse decision made against them. If people feel that the independent offices of the state have erred – and anyone is capable of making mistakes – then there are legal routes for challenging them. But pressure should not be put on them not to do their job in the first place. 

  

Unfortunately this past week I had to intervene to defend the independence of the Auditor General. Click here to read my press release.

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Sunday 08 November, 2009

Cayman Islands get new Constitution

Friday 6th November was a historic day. The new Constitution of the Cayman Islands came into effect (www.constitution.gov.ky). 

  

Over the last week or so efforts had been made to educate the public about the Constitution. That has involved material in local newspapers and on TV and appearances on both radio talk shows by myself and members of the team of officials who have worked really hard to bring the new Constitution to fruition. 

  

Despite some heavy rain earlier in the day and some storm clouds hanging over Grand Cayman a public ceremony was held on the steps of the Legislative Assembly to mark the commencement of the 2009 Constitution. There was all the pomp and ceremony that one expects of major events in Cayman, including the singing of the National Anthem and National Song and a march past by uniformed branches of government (police etc) and uniformed voluntary organisations (scouts and guides, etc). 

  

I made an introductory speech drawing attention to the main features of the new Constitution, which I presented as “the people’s Constitution” (click here to read my remarks). The country’s first Premier, McKeeva Bush, Deputy Premier, Juliana O’Connor Connelly, and Deputy Governor, Donovan Ebanks, - all Caymanians – were then sworn in. Mr Bush then made a speech as Premier (this can be viewed in full at www.cayman27.com.ky). 

  

As I said at the end of my remarks it is now for everyone involved in government to carry out their responsibilities with humility and dedication and for the people of these islands to ensure we do.

Constitution Day saw many groups march in front of the gathered guests

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FACE Awards

On Wednesday 4 November the Governor’s Five Star Awards for Customer Excellence (FACE) were presented at an event at Government House (the Governor’s official residence) in the presence of civil servants and their families. 

  

Many of those attending had been nominated for the awards and we regard them all as winners. As I said in my remarks at this event the range of people put forward over the three years of the FACE Awards demonstrates that there are models of good customer service in virtually all corners of government service. 

  

The five main awards went to Clive Bennett (biohazard waste collector at the Department of Environmental Health), Angelique Howell (Chief Inspector of police in charge of the District of West Bay), Franz Manderson (former Chief Immigration Officer and now Chief Officer, Portfolio of Internal and External Affairs), Sydney Moore (Environmental Health Officer), and Mitchum Sanford (Sports Instructor on Cayman Brac). 

  

More information on the winners and what they stand for can be found at www.face.gov.ky.

Winners at the FACE awards presentation

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Thursday 29 October, 2009

Foot Review

The report by Michael Foot on the British offshore financial centres has been published today. There is a great deal of interest to the Cayman Islands, including the need to broaden the tax base. The review can be found at http://www.hm-treasury.gov.uk/d/foot_review_combined.pdf                                                                 

 

In a brief statement the Cayman Islands Government welcomed the report’s “constructive observations and recommendations.”

 

 

 

 

 

 

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Lots of Cayman’s civil servants nominated for awards

To acknowledge the work of Cayman’s best civil servants and to encourage higher standards of customer service across government I established two years ago the Five Star Award for Customer Excellence (FACE).     

                                                          

This, the third year of the scheme, 93 civil servants were nominated by members of the public (external customers) or other civil servants (internal customers). These ranged from heads of department to waste collectors. Congratulations to all the nominees!    

        

The full list can be found at  http://www.gov.ky/portal/page?_pageid=1142,4648818&_dad=portal&_schema=PORTAL. Details of the scheme, including previous recipients, can be found at www.face.gov.ky   

                                  

Again we will have some excellent recipients of the awards. But you’ll have to wait until 4 November to learn who they are.

 

 

 

 

 

 

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Wednesday 28 October, 2009

Life is about animals too

I have previously talked about the importance of biodiversity, the need to preserve what makes the Cayman Islands special and the need to deal with invasive species which threaten that. Using FCO funds my office has worked with the local Department of Environment and others on several related projects (ranging from lion fish and feral cats to the native tree nursery and parrots affected by Hurricane Paloma). 

  

Animals, good and bad, have been in the news in Cayman in recent weeks. 

  

Crocodiles 

  

One crocodile has been caught and released twice this year (another was caught last year).There have been several other reported sightings. The Cayman Islands get their name from crocodiles. In past centuries they were abundant, as they still are in nearby Cuba and Florida, but have been extinct in Cayman for some time. 

  

It is not clear how many, if any, of the other sightings were actually crocodiles. In nearly every case the croc was in the sea and might, the experts say, have been some kind of large fish. It is odd that none have been found basking on land, nor have any tracks. 

  

The return of crocodiles, whether just the two caught or more, is causing some mixed feelings. While sea-going crocs are not good news for humans in some parts of the world I have visited the experts say that the type that might be found around our shores is generally not aggressive to swimmers or divers. I hope they are right! My wife and I are often on the beach or in the sea and have never seen anything that would scare us.  

  

The alleged sightings are also giving rise to lots of rumours and jokes. The editorial in today’s Compass newspaper says that maybe the crocs are part of a British conspiracy against Cayman and that it is the Governor’s (that is my) pet croc as the sightings have been near the Governor’s residence. It is written tongue in cheek – or at least I hope so. Anyway, like other anti-British conspiracy theories it has no basis whatsoever! I’ll stick to other kinds of pet.

Iguanas 

Mixed feelings are also engendered by iguanas. The endemic blue iguanas are something very special to Grand Cayman and nearly everyone is keen to preserve them. But the invasive green iguanas are seen as pests. Recently the greens seem to have spread in large numbers, including invading Government House – one old iguana even sits occasionally on the crest of the roof and lords over the house as if he’s the real boss.

  

The loved Blue Iguana 

  

The 'Not so Loved?' Green Iguana

Dogs   

A number of pet dogs have been poisoned, apparently by paraquat picked up on the beach. This has led to outpourings of indignation and a lot of people scouring the beaches for the source. Was this intentional or accidental?   

Animals, good and bad, therefore continue to excite people here.

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Monday 26 October, 2009

Common determination to tackle crime

The only way we are going to deal with the spate of serious crime in Cayman, particularly shootings, is for all the relevant parts of government and the community to work together. Some time ago I called a high level meeting of leaders of government, the Judiciary and other public agencies to discuss this. It had to be postponed because of the budget and Legislative Assembly, but we managed to get people together last friday.

  

What we agreed is recorded in a press release

  

I was impressed with the determination of everyone involved, starting with the elected Government who, even in these financially difficult times, are prepared to find more resources for the police and other aspects of criminal justice. 

  

As well as dealing with current problems, which we must do with resolve but without over-reacting, it is vitally important to address the factors that could create the next generation of criminals.

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Saturday 24 October, 2009

Duke of Edinburgh Awards

One of the organisations of which I am Patron in the Cayman Islands is the Duke of Edinburgh Awards Scheme or International Award as it is now known.  On Wednesday I hosted an awards ceremony for recipients of bronze and silver awards. 

  

This is an excellent scheme (which two of our own children have been through in England). I was really impressed by the maturity and enthusiasm of the young people from various local high schools who had benefited from the scheme. Some promising leaders and citizens of the Cayman Islands in the making.

 

Governor talks with award recipients

 

 Governor with award recipients

 

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Monday 19 October, 2009

More on the theme of the public finances

All the recent correspondence between Chris Bryant, the FCO Minister with responsibility for the Overseas Territories, and McKeeva Bush, Leader of Government Business of the Cayman Islands, is now on our website. The Cayman Islands government is now free to undertake borrowing at its own risk. The FCO will be monitoring the situation closely. 

  

The government in Cayman now needs to get on with the two studies that were agreed in this correspondence: of the public service (and the scope for cuts) and of possible new taxation. 

  

I have been struck how many people in the business community are now seeing the need for some form of direct taxation, though not many are saying so publicly. One who is is Tim Ridley, the former Chairman of the Monetary Authority, who in a well argued article in a recent edition of the Observer weekly newspaper advocated a property tax and also called for people to stop bashing the UK

  

From my own conversations there seem to be quite a few businessmen, particularly but not exclusively in the financial services industry, who would support a property tax as more equitable and less likely to harm the key financial industry than the alternatives. We’ll have to see what the study concludes.

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