Submission from John A Epp, Complaints
Commissioner, Cayman Islands
CAYMAN ISLANDS—EVIDENCE—TRANSPARENCY
AND ACCOUNTABILITY—OCC
I reply to your public invitation to submit
evidence dated 5 July 2007 concerning Overseas Territories. I
address the situation in the Cayman Islands in my role as Complaints
Commissioner.
1. The Office of the Complaints Commissioner
(OCC) has a role very similar to that of the UK Parliamentary
Commissioner and other public sector Ombudsman.
2. The aim of the OCC is to investigate
in a fair and independent manner complaints against government
to ascertain whether injustice has been caused by improper, unreasonable,
or inadequate government administrative conduct, and to ascertain
the inequitable or unreasonable nature or operation of any enactment
or rule of law.
3. The Cayman Islands (Constitution) (Amendment)
Order 1993 amended the Constitution of the Cayman Islands to establish
the Office of the Complaints Commissioner. Section 49N states:
"(1) Subject to the provisions of this Constitution,
a law may make provision for the office, functions, jurisdiction
and powers of a Complaints Commissioner". Section 49N continues:
"(5) In the exercise of his functions, the Complaints
Commissioner shall not be subject to the direction or control
of any other person or authority".
4. The OCC was initiated pursuant to the
Complaints Commissioner Law, 2003, Law 18 of 2003. The office
was fully functional by December 2004. The OCC answers to a committee
of the Legislative Assembly (primarily financial oversight) which
is chaired by a member of Cabinet, Hon. Alden McLaughlin.
5. Law 27 of 2005 amended the CCL and authorised
appointments of staff to be made by Commissioner in keeping with
Public Service Management Law 2005.
6. A Revision of the Complaints Commissioner
Law was issued in 2006.
7. Regulations for the better operation
the OCC were suggested by the Commissioner and approved by Cabinet
in 2006. They were to be laid before the Legislative Assembly
by the Chairman. Unfortunately this was delayed first due to scheduling
conflicts and later due his cycling accident and the period of
recovery. The regulations will clarify that the Commissioner is
to set the rate of remuneration for technical advisors or mediators
that are retained, and gives a framework to make the payment of
expenses incurred in aid of investigation.
8. The jurisdiction of the OCC includes
almost all government entities. Currently the OCC is seeking support
from MLAs to clarify the list of entities excluded.
9. The investigative powers of the OCC are
substantial and they extend to any person who has knowledge of
the matters under investigation including Ministers of Government.
Currently the OCC is seeking support from MLAs to clarify a few
issues such as the power to enter property and the power to cite
a person for contempt of court for failing to cooperate in an
investigation.
10. Cooperation from government entities
generally has been good with some of the resistance arising from
ignorance of the role of the OCC or from the past era of closed
government.
11. Whilst there have been a few long delays
in making public certain reports of the OCC (through the introduction
and tabling the report by the Chairman of the Committee in the
Legislative Assembly) the delays can be attributed to a variety
of innocent problems. These include, first settling the procedure,
and then issues of scheduling, and more recently the absence from
the Assembly of the Chairman.
12. I am disappointed by the decision of
MLAs not to debate any of the nine reports that have been tabled.
The reports are available on www.occ.gov.ky.
13. I have taken an active approach to publicising
the role of the OCC in the media, and have often granted interviews
to the media on a variety of topics including the recommendations
arising from investigations made in the public interest on my
own motion. This approach has met with almost no comment from
MLAs or senior civil servants.
14. The budget granted to the OCC remains
satisfactory.
15. The Commissioner does not report to
His Excellency the Governor. A respectful and supportive relationship
exists between these officers.
16. On the whole the Commissioner is satisfied
with the support of the OCC demonstrated by the Legislative Assembly,
Cabinet, and the government.
15 August 2007
| 
