Opposition objects to ‘significant failures’ in parliamentary code signed by government MPs

The future of Cayman’s parliamentary code of conduct remains in limbo after the Opposition rejected the document, which was signed by all government MPs, saying it has “significant failures” and is “invalid procedurally”.

Opposition Leader Roy McTaggart also pointed out that the signed code of conduct has not been sanctioned by the Council of the Parliament Management Commission.

Premier Wayne Panton, in a media statement on Tuesday, 3 Jan. announced that all elected government and official MPs had signed the code.

“Following its circulation to all Members of Parliament (“MPs”) in March 2022, the draft Code was reviewed and signed, and is now with the Clerk of Parliament to be signed by Members of the Opposition,” he said in his statement.

However, Opposition Leader Roy McTaggart, in a statement after Panton’s announcement, said he had written to the premier advising that the Opposition MPs will not sign the code in its current form.

McTaggart argued that the code falls short as there are “significant failures in process that violate the principles of good governance that the Premier claimed would characterise his government”.

He also pointed out that there are significant failures of substance which mean that the proposed code would be ineffective and inappropriate.

“It fails the basic test that such a Code should both ensure that Parliamentarians are properly held to account for their conduct and also guarantee an impartial process through which that accountability should be achieved,” he said.

Last October two versions of Cayman’s first parliamentary code of conduct, presented to the House by then-Speaker McKeeva Bush, were tabled in the House.

One version was drafted by Premier Panton, the other by Bush.

The Panton version has been signed by government MPs plus the Attorney General Samuel Bulgin and Deputy Governor Franz Manderson.

There is a difference in dates of signing; Panton, Deputy Premier Chris Saunders and Health Minister Sabrina Turner signed on 11 Nov., while most MPs signed between the 22 and 26 Nov.

Bulgin and Manderson signed on 5 and 7 Dec. respectively.

The Compass first reached out to the premier’s office for comment on the difference in dates and in response to McTaggart’s concerns on Thursday, 5 Jan. Despite repeated assurances that further details and clarification were forthcoming, none have been provided as of Thursday, 12 Jan.

Creating a code of conduct for parliamentarians was a pledge of the PACT administration.

The “immediate” implementation of the code for parliamentarians was part of PACT’s deal with McKeeva Bush to return as Speaker to secure a government, following the April 2021 general election.

Premier: The code is an ‘important milestone’

The Premier, in his statement, said, the parliamentary code of conduct outlines the minimum ethical standards of behaviour that Caymanians can expect from their MPs.

“This is an important milestone in our democratic process, and I am proud that all Government members have demonstrated their commitment to the Code and to abiding by the Nolan Principles, central to the Standards of Public Life”,” Panton said.

The code for MPs, he said, sets out the standards to which all members agree to hold themselves, and in that context, to guide Members in the discharge of their obligations to the Parliament, their constituents and the public at large.

“The Code outlines conduct expected of MPs while they hold office, and contains rules which MPs are expected to observe in the performance of their responsibilities, including but not limited to conduct during Parliament, receiving gifts and official travel arrangements,” the statement said.

Panton reiterated his position that the “preferred approach” is for all MPs to sign the
code, and thereafter it would be tabled in Parliament by way of a motion to be voted on.

“Leaders must hold themselves to the highest standards of ethics and accountability. It is essential for good governance, strong institutions, and more importantly for the stability and prosperity of these Cayman Islands,” Panton said.

McTaggart argued that the Opposition stands ready to work with “the Premier and the Council to get the Code right”.

He said their concerns were raised with the Premier and the Council of the Parliament Management Commission (the Council) directly in March 2022.

However, he said the Council has not met since 17 March, 2022 and as such has not sanctioned any final version of a parliamentary code of conduct.

“The version of a Code of Conduct that the Premier has had his Government sign is therefore invalid procedurally in addition to its other failings. The Premier needs to go back to the drawing board,” he said.

McTaggart also said he has urged the Premier to “consider using a body such as the Commission for Standards in Public Life as the independent investigator”.