Premier Wayne Panton was the only challenger in Parliament last week of a private member’s motion calling for the legalisation of pepper spray and mace for use as self-defence tools.
During a debate on the motion, he said “it is not a simple issue”, the noxious substances are illegal in the Cayman Islands and many other countries, and could end up in the wrong hands.
“I don’t feel that I was elected to come down here just to represent a popular view,” he told the House on Thursday, 21 Sept. “I feel that my obligation is to give a considered view.”
His comments sparked a strong reaction from Alden McLaughlin, Red Bay MP, who spoke passionately in favour of the motion, which he had seconded.
He called Panton’s response “unmitigated drivel”, said he was “ashamed” of his contribution, and demanded the premier sit down when he stood to object.
Following the lengthy debate, Panton voted ‘no’ to the motion while 16 legislators, including his fellow Cabinet members, voted ‘yes’ with one member absent. The motion was passed.
A response to violence
Opposition member David Wight, George Town West MP, presented his private member’s motion to the House of Parliament on Thursday – one of nine that were debated during the day.
It asked that the government consider the Penal Code, the Firearms Law and any other relevant legislation be amended to permit the importation and sale of chemical sprays for self-defence.
The sprays, including pepper spray and mace, would only be sold by licensed pharmacies and drug stores, subject to appropriate restrictions on age and other relevant criteria, it added.
Ten MPs, including Wight, stood to discuss the motion, with nine speaking in favour and just Panton speaking against.
Wight said current safety recommendations from police “seem insufficient at a time when violence in our communities is becoming more of a danger”.
He spoke of a recent robbery which he believed could have been halted by the use of pepper spray – but insisted the motion was not solely in response to that incident.
The MP said giving people access to pepper spray has three potential benefits – to deter attacks, a means of self-defence and making the carrier feel safer.
He stressed that pepper sprays are legal for self-defence in many other countries such as the USA, where the public can purchase and carry pepper spray in all 50 states.
Wight said legislation could define the circumstances in which chemical sprays can be used and impose penalties for misuse, and added that training should be provided on safe use.
He asked for full support of the motion and swift action.
Easy, non-lethal and economical
Barbara Conolly, George Town South MP, rose to offer her support to the motion, saying that most people will know a woman who carries pepper spray illegally out of fear.
She said the fear can be sparked through living alone, returning home late at night, or walking for exercise.
The Opposition member added that while reported cases of violent crime and sexual offences remain low in Cayman, people are concerned to hear of any incidents taking place.
“The Royal Cayman Islands Police Service has access to guns and tasers, yet are also given pepper spray to defend themselves,” Conolly said.
“I firmly believe… that the women of Cayman also deserve the ability to defend themselves when attacked.”
She added that pepper spray is easy to carry in a pocket or small purse, non-lethal and economical.
Planning Minister Jay Ebanks, who is also North Side MP, then stood in favour of the motion, saying pepper spray would allow people to protect themselves without resorting to lethal force.
He said it serves as an “equaliser” and empowers those who are physically weaker during a confrontation – such as women or the elderly – to disable an attack and escape.
“Allowing them to carry pepper spray can give them a fighting chance to escape danger and avoid harm,” he said.
The minister added that if criminals know people are carrying pepper spray, they are less likely to commit crimes which would create a safer environment.
In 2022, Ebanks had attempted to get pepper spray legalised after a spate of crimes against women.
But, at the time, he told the Compass he was unable to get support from the National Security Council or police to move law changes forward.
‘There is room for it’
Backbencher McKeeva Bush, West Bay West MP, supported the motion and said “womenkind” have been concerned about their safety and welfare for a long time.
“I think it’s time, I think there is room for it,” he told the House of Parliament.
Health Minister Sabrina Turner, who is also Prospect MP, said she understands there are some “serious pros and cons” of the legalisation of chemical sprays, adding “it’s a delicate dance”.
She said the sprays could fall into the wrong hands and other options could be considered, but as the voice of the people “who am I to not say let’s give it a chance”.
Turner said fear is mounting among people, especially women that live alone and go out to exercise.
“Safety is first, it is priority, and I do not want our women, anyone, to not want to exercise, come out of their cars, because they’re fearful of being attacked,” she said.
Tourism Minister Kenneth Bryan, George Town Central MP, spoke of the risk of criminals responding with larger weapons when the threat of chemical sprays exists.
But, he added, “I’m obligated to give this the true opportunity for success, to allow those who are vulnerable… not to fall victim to those who’d commit these heinous types of crimes.”
‘Not the solution’
Premier Panton rose next to speak of his concerns relating to the motion, particularly that “pepper spray is going to be the solution that helps women feel safer”.
He said many countries go through similar discussions when there are incidents where women feel under threat.
However, he said, “Having considered the matter in a lot of detail, [I’ve] arrived at the conclusion that it is not necessarily going to be the solution.”
He said the realities are that pepper spray is a noxious substance and it is currently illegal in Cayman and many other countries for “many good reasons”.
“I don’t think that we should necessarily react on a gut level and say, this is something that we should do,” Panton added.
He also said he is not aware of an increase in crimes against women, and added that training would be needed and the sprays could end up in the hands of children.
The premier suggested that alarms should be used instead.
“I know that we’ve had most people here stand in support of this motion,” he said. “I’m just simply trying to point out that it is not a simple issue.”
McLaughlin, in response, said, “It has been a long, long time since I’ve heard such unmitigated drivel spoken in to the microphones in this House.”
Panton immediately stood to object, saying, “This kind of behaviour is unacceptable.” However, McLaughlin told him to sit down, adding that he had the floor.
McLaughlin continued to offer his support to the motion and said that criminals do not care what the laws are if they intend to commit an offence.
“What we are saying is give the innocent individual, not just women, the opportunity to have one measure of self-defence to at least buy some time to escape should they be attacked.
“How could the premier listen to the passionate appeal of the member of George Town South and be entirely unmoved? That kind of passive resistance… is ruining the world.”
Not personal
Labour Minister Dwayne Seymour, who went on to resign from government the following day, said members are not elected for their own personal views, but by people who want their views to be carried forward.
“If it’s the desire of the electorate that this will let them feel safer, then that’s what we have to do. We have to try our best to bring it forward.”
The Bodden Town East MP said that there are no dangerous weapons, only dangerous people, so training would be very useful.
Backbencher Isaac Rankine, East End MP, said pepper spray only causes effects for about 30 minutes after use – enough time to disable an attacker.
He said he was concerned about it being used as a weapon and not for self-defence, but offered his support to the motion.
“I look forward to us working together to ensure that whatever we agreed to is only going to be for the benefit and the safety of our people,” he said.
Using his right to reply, Wight thanked everyone, aside from the premier, for their passionate support.
Past efforts
According to the Penal Code (2022 Revision), “any weapon of any description or design, adapted for the discharge of any noxious liquid or gas” is prohibited.
Anyone who imports, manufactures, sells, hires or has in their possession a prohibited weapon risks a fine of up to $10,000 and 10 years in prison.
In the then Legislative Assembly in October 2011, lawmakers unanimously supported a similar private member’s motion – but no action was taken by the government at the time.
Opposition MLA Ezzard Miller, in 2019, sought to renew that effort to have pepper spray legalised, after a woman was assaulted in North Side.
McLaughlin, as premier at the time, supported the move, but spoke of concerns that such weapons could be used by the “wrong persons for the wrong reasons”.
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