For the first time since its adoption in July last year, the government has used the Ministerial Code of Conduct to remove a minister from his role over a breach of that code.
The government announced on Sunday night that Bernie Bush had been stripped of his position of minister of home affairs and placed on unpaid leave for two weeks following his actions and comments relating to staffing at the Cayman Islands Fire Service. He will remain as minister of youth, sports, culture and heritage.
In a statement, Premier Wayne Panton noted that Bush was being removed after breaching two sections of the Ministerial Code of Conduct, and infringing a section of the Constitution.
Minister of Health and Wellness Sabrina Turner, from Monday, took over from Bush as minister of home affairs.
How the process of removing a minister works
Following an allegation of a breach of the Ministerial Code of Conduct, the premier, in consultation with the attorney general and the Cabinet secretary, determines whether the allegation warrants further investigation, and informs the government of the matter.
The code states that if a minister is the subject of an official investigation “into a matter or case of serious impropriety or alleged illegal behaviour of a serious nature”, the premier may require that minister go on leave, and the governor, following advice from the premier, can appoint a Member of Parliament to be a temporary minister or assign another minister to take up leadership of the ministry.
It also notes that “Ministers are required to act lawfully and to behave in a way that upholds, and is seen to uphold, the highest ethical standards. Ultimately, Ministers are
accountable to the Premier for their conduct and may, in accordance with the Constitution,
have their appointment revoked or Ministerial responsibilities reassigned.”
Panton, in the statement, said Bush was being removed due to his conduct and comments – which were made in an interview with Cayman News Service last week – in relation to the staffing of the Fire Service. Bush told CNS that he had put a stop to “unacceptable bonuses” being paid to fire chief Paul Walker to train Caymanians.
Breached sections
According to the premier, Bush’s “conduct and comments in relation to the staffing of the Fire Service are infringements of Section 55 of the Constitution and breach Section 2.4 of the Ministerial Code of Conduct. Furthermore, other comments he made as Minister contravene Section 2.6.3 of the Ministerial Code of Conduct.”
Section 2.4 of the Ministerial Code of Practice states that members are “required to observe the Cayman Islands Constitution, all other relevant law, including but not limited to the Standards in Public Life Act… and the Anti-Corruption Act”.
Section 2.6.3 of the code deals with the objectivity of a government minister. It states: “Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.”
The statement did not specify which part of Section 55 of the Constitution was infringed, but this section deals with the responsibilities of the governor, and states that it is the governor who is tasked with “the application to any public officer of the terms or conditions of employment of the public service (including salary scales, allowances, leave, passages and pensions) for which financial provision has been made”.
Bush, in the government statement, apologised for his behaviour, saying, “This has been a valuable lesson for me and I accept the consequence of my actions.”
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