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OT 341: Letter from Gillian Merron MP, Parliamentary Under Secretary of State, to the Chairman of the Committee: Cayman Island Constitution
In accordance with the arrangement made between Jack Straw and Donald Anderson, as set out in their exchange of letters of 18 June 2002, 12 July 2002, 23 October 2002 and 14 November 2002, I enclose a copy of the draft Cayman Islands Constitution Order [2009][1] for the consideration of the Committee.
The draft Order contains a new Constitution for the Cayman Islands that has been agreed over three rounds of negotiations with a Cayman Islands' team, which included members of the local Government and Opposition, members of Cayman civil society, the Governor and the Attorney General. The negotiations used as a basis of work "Revised Proposals for Constitutional Modernisation" which were published by the Cayman Islands Government in May 2008.
This Order establishes a new Constitution for the Cayman Islands, to replace the Constitution of 1972. The new Constitution includes, for the first time, a Bill of Rights setting out the fundamental rights and freedoms of the individual and provisions for their enforcement. It provides for a Governor as Her Majesty's representative in the Islands, and for a Premier and Ministers who form a Cabinet together with the Deputy Governor and the Attorney General, presided over by the Governor. It provides for an elected Legislative Assembly, which together with Her Majesty forms the Legislature. Provision is made for a number of institutions including a Human Rights Commission, which will monitor human rights compliance in the Territory; a Commission for Standards in Public Life, an independent body which will have a wide-ranging remit including to ensure high standards of ethical conduct in the Legislative Assembly, Cabinet, and across the public service; and a Judicial and Legal Services Commission, to advise the Governor on appointment to judicial offices and other key positions such as the Attorney General, and to help ensure high professional standards in office. A new National Security Council is established, as is the office of Director of Public Prosecutions. Provision is also made for public finance, a Complaints Commissioner, and a Register of Interests.
The text is currently the subject of public consultation in the Cayman Islands and will be put to a public referendum on 20 May, at the time of the Cayman elections. Provided that it is formally approved by the people of the Cayman Islands, we envisage submitting it to the Privy Council for consideration at its meeting on 10 June.
21 April 2009
[1] Not published as already in public domain. |