For the last year, our friendly competition in the Cayman Islands have been engaged in a public discourse to update their Constitution. They have now released the draft proposals, which will go before a public referendum later this year.
They clearly have their eye - both in emulation and in correction - on Bermuda. The proposals lay it heavy on bipartisanship to ensure that the powers of Government are not subverted to the benefit of any one party (or the UK for that matter).
A few highlights from the 25 proposals:
This country does not want independence from the United Kingdom, and wants to remain an Overseas Territory of the United Kingdom. All changes to Constitution require a referendum.
Include a Bill of Rights.
A clear rule that Ministers and public officials must exercise their powers and responsibilities in the interests of the country, not for their private interests or benefit.
Constitutional backing for the Freedom of Information Law, so that its key features (including the whistle blower provisions) cannot simply be changed by the Government of the day.
People-initiated referendums that are binding with 50% of the vote, and advisory if less.
Creation of a bipartisan Judicial and Legal Services Commission with responsibility for appointments of judges and magistrates, and a Director of Public Prosecutions.
Create a bipartisan Human Rights Commission.
The Attorney General should no longer be a member of Cabinet or Parliament. He should be the principal legal adviser to the Cabinet. The Attorney General should no longer be responsible for criminal prosecutions. The Attorney General should be appointed by the Governor, and be endorsed by the Judicial and Legal Services Commission.
Establish a bipartisan Commission on Standards in Public Life to ensure the prevention of conflicts of interest and corruption, and to monitor standards of ethical conduct, particularly by Ministers, MPs, Public Officers and senior civil servants. The Commission will review the procedures for awarding public contracts and for appointing public officials and members of public boards.
Clarify the responsibilities and independence of the Auditor General.
