Getting ready for Bill of Rights

Cayman Islands Attorney General Samuel Bulgin used the ceremonial opening of Grand Court earlier this month to remind the country that the Bill of Rights comes into effect in November. The Constitution that came into effect in 2009 contains the Bill of Rights, but the Cayman Islands was given three years to prepare for its implementation. 

Mr. Bulgin said it was also expected that legislation will be enacted this year “to further underpin the work of the Commission on Standards in Public Life”. He said this would further augment the ongoing good governance model being developed. This legislative and procedural framework will further delineate and prescribe the accountability of public officials, he said. 

The coming of the Bill of Rights is a development that will understandably impact the conduct of every public official, “but more so those of us with responsibility for making decisions that can or do adversely impact a person’s liberty and/or property,” Mr. Bulgin said. 

He noted section 19 of the Constitution mandates that all decisions and acts by public officials must be lawful, rational, proportionate and procedurally fair. Section 24 prescribes that it is unlawful for public officials to make decisions or act in a way that is incompatible with the Bill of Rights. 

“The advent of the Bill of Rights will inevitably bring into sharper focus the relationship between the three branches of Government on the issue of the rule of law, including human rights and good governance, all issues that have to do with the promotion of the highest standards of probity and accountability,” Mr. Bulgin said.  

He had no doubt there would be challenges, “especially by that section of our society that still continue to struggle to appreciate that an independent judiciary is integral in engendering public confidence in our jurisdiction.” He expressed confidence that the jurisdiction would rise to the challenge. 

The Attorney General highlighted some of the significant legislation of 2011, including the Gender Equality Law, Traffic Law, amended Penal Code and Companies Law, and Special Economic Zones Law. 

In 2012, he revealed, initiatives will include consideration of legislation regarding the duties of directors, an Arbitration Bill, and recent drafts of bills regarding legal aid, legal practitioners and charities. “We will also continue the work on the Judicature Law with a view to expanding the jury pool,” he said.