2 8 $ for Crispy Chicken Sandwich Spicy Crispy Chicken Sandwich Whopper® Original Chicken Sandwich Big Fish Mix n’ Match © 2021 Burger King Corporation. cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Friday, 19-25 November 2021 Environment vs. development National Conservation Council's power to be tested in court. Page 6 Cayman prepares to bring tourists back to its shores, 20 months after closing the borders.Pages 3 & 2219 in hospital as active COVID cases pass 3,500 Cayman’s COVID-19 tally has crossed the 5,000 mark, as a further 239 cases were recorded Wednesday, 17 Nov., 236 of which were community positives along with three travellers. A total of 5,156 cases have been recorded locally since the start of the pandemic, according to Chief Medical Officer Dr. John Lee’s report issued through the Health Ministry. As of 8am Wednesday, Lee said, 1,167 PCR tests had been conducted since 8am the day before and the Public Health Department reported 239 positive results. These results brought the number of active cases of COVID-19 in the Cayman Islands to 3,543. The number of symptomatic and asymptomatic individuals was not released. In addition, as of Wednesday, 19 COVID-19 patients were in hospital but their conditions were not released, nor were details on whether they require respiratory support. Over the weekend of 13-14 Nov., Cayman recorded two COVID-19-related deaths. As of 17 Nov., 4,710 people in the Cayman Islands were in isolation, either in government quarantine facilities or at home. Faith Hospital on Cayman Brac also confirmed there were 54 active cases in the Sister Islands, with none identified in the previous 24 hours. More than 200 COVID cases a day in second week of November Last week, the Cayman Islands recorded an average of 202 positive COVID cases a day and a weekly total of 1,413, according to Acting Director of Primary Healthcare and Deputy Medical Officer of Health Dr. Eryka Simmons. The weekly trend data presented by Simmons largely mirrored the statistics from the previous week. From 7-13 Nov., the average age of those infected was 31, compared with 30 a week earlier. The ages of positive cases ranged from two months to 96 years. A quarter of positive cases affected those under the age of 18, down from one-third. Only 17 cases were above the age of 70. This is one more than in the first week of November. Vaccination figures were also very similar to last week with just over two-thirds (67%) of positive cases among the unvaccinated. Given Cayman’s estimated vaccination rate of 78% and 81% for full- and first-dose vaccinations, respectively, this once again means that the unvaccinated are about eight times more likely to contract the virus. The share of tests that return positive results also continued to rise, reaching 17.8% during the period. Cayman’s field hospital ready ‘by Christmas time’ Cayman will recommission a field hospital, set up in May last year, to prepare for a potential increase in patients requiring care, Chief Medical Officer Dr. John Lee has confirmed. Lee said this will give the islands 70 to 80 beds of extra capacity for people who need “ward-based care”, but not ventilator support. “Our field hospital was really amazingly equipped with sinks and lights… it really felt very much like a hospital,” Lee explained, adding, “I hope we don’t have to use it, but it is going to be recommissioned in the short term.” He said he expected the hospital to be ready to be operational “by Christmas time”. In November last year, the field hospital won the UK Association for Project Management’s social project of the year. Cayman Finance analysis takes aim at Tax Justice Network report Cayman Finance has released another report finding “extremely distorted estimates” and other errors made the latest Tax Justice Network assessment of the Cayman Islands highly unreliable. A study released by Cayman Finance in September criticised the use of what it called incorrect data and biased criteria in the compilation of the Tax Justice Network’s Financial Secrecy Index, concluding that it led to “distorted final rankings” and “misleading conclusions”. The latest Cayman Finance report targets the conclusions of the tax advocacy group’s State of Tax Justice 2021 report. In the research released this week, the tax campaigners claim that estimated losses to tax abuse had risen from $427 billion last year to $483 billion in 2021, of which $312 billion was the result of cross- border corporate tax abuse by multinational corporations and $171 billion was due to offshore tax abuse by wealthy individuals. The report also noted that rich countries were responsible for facilitating 78% of the tax losses. According to the analysis, the Cayman Islands had the highest share (99.97%) of ‘abnormal bank deposits’ and the second highest volume ($1.6 trillion), trailing only the United States. Cayman celebrates Remembrance Day locally and in UK Government ministers and senior civil servants came together on Sunday, 14 Nov. for annual Remembrance Day celebrations at Elmslie Memorial Church in George Town, and elsewhere in Cayman and the UK. This year, due to COVID-19 restrictions, the sombre affair did not take its usual form of a church service and a parade viewed by scores of onlookers. Instead, private wreath-laying ceremonies were held, including one on the grounds of Elmslie. Matinees (matinee price before 6pm) • Seniors $8.00 (Mon-Fri before 6pm) Additional charges apply per 3D/VIP tickets 640-FILM (640-3456) Cayman Cinema@cbcinema6cbcinema6 SATURDAY NIGHT: For your viewing pleasure, minors under the age of 18 will not be admitted to any film starting after 6pm, unless accompanied by their parent. WHAT’S PLAYING THIS WEEK GHOSTBUSTERS: AFTERLIFE (PG-13) (FRI, SUN-MON, WED-THURS) 3:40 VIP | 4:00 | 6:45 VIP | 7:00 | 9:40 VIP | 9:50 (SAT) 12:45 | 1:05 | 3:40 VIP | 4:00 | 6:45 VIP | 7:00 | 9:40 VIP | 9:50 (TUES) 3:40 VIP | 4:00 | 7:00 | 9:50 | 10:00 VIP BUNTY AUR BABLI 2 (PG) (FRI, SUN-THURS) 3:30 | 10:00 (SAT) 4:20 DUNE (PG-13) (FRI, SUN, TUES & THURS) 3:35 | 8:00 VIP (SAT, MON & WED) 3:35 | 4:25 VIP ETERNALS (PG-13) (FRI, SUN-THURS) 4:00 VIP | 6:35 | 7:30 VIP (SAT) 12:30 VIP | 12:50 | 7:05 | 7:30 VIP MONSTER FAMILY 2 (R) (SAT) 12:35 NO TIME TO DIE (PG-13) (FRI, SUN, TUES & THURS) 4:25 VIP | 7:00 (SAT) 1:00 VIP | 8:00 VIP (MON & WED) 7:00 | 8:00 VIP VENOM: LET THERE BE CARNAGE (PG-13) (FRI-THURS) 10:30 CULTURE NATIONAL THEATRE LIVE: SKYLIGHT SATURDAY 8PM (R18) KIDS CLUB KUNG FU PANDA SATURDAY 10AM VIP AVAILABLE (PG) CLASSICS BRIDESMAID (R) TUESDAY 7PM VIP weather Friday Forecast FORECAST Partly cloudy skies with a 30% chance of evening showers. SEA STATE Slight to moderate with heights 2 to 4 feet. caymancompass.comfacebook.com/caycompass cayman_compass@cayCompassCayman Compass WINDS Northeast at 5 to 10 knots becoming 10 to 15 knots by night. 86°F HIGH 72°F LOW PRINTED AND PUBLISHED BY: Cayman Compass Ltd. Compass Centre, Shedden Road, George Town, Cayman Islands SEND US YOUR VIEWS OR NEWS: P.O. Box 1365 Grand Cayman, KY1-1108 Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@compassmedia.ky ADVERTISE WITH US: T: (345) 949-5111 E: sales@compassmedia.ky W: caymancompass.com PUBLISHER KATHLEEN CAPETTA FIND US ONLINE Caymancompass.com Facebook.com/Caycompass cayman_compass@cayCompassCayman Compass Acting Governor Franz Manderson lays a wreath at Seamen’s Memorial on 14 Nov. - Photo: GIS The emergency field hospital at the Family Life Centre that was set up in May 2020. - Photo: File news in brief CORRECTION A story that appeared in the 12-18 Nov. edition of the Cayman Compass, “45 collisions per week since Jan.”, contained an incorrect statistic for RCIPS year-to-date collisions. The correct number is 2,060. cayman compass 2 N news FRIDAY, 19 NOVEMBER 2021Border Control officials ‘confident’ ahead of border reopening CAROLINE JAMES cjames@compassmedia.ky As Cayman prepares to drop quarantine for verified vaccinated travellers on 20 Nov., effectively reopening the borders to international visitors, Premier Wayne Panton, speaking at a press conference, shortly before publication time on 18 Nov., insisted that Cayman is “ready” to reopen to tourism despite the surge in COVID-19 cases throughout the islands. It comes after Customs and Border Control officials said they, too, were ready to welcome travellers back to the Islands. Looking ahead to the 20 Nov. reopening on the Compass weekly talk show ‘The Resh Hour’ on 17 Nov., Chief Officer Wesley Howell stressed that the recent community outbreak, bringing with it the reintroduction of mask mandates and social distancing, had been a “positive development” for those charged with protecting Cayman’s borders on the frontline. “One of the fortunate sides of our unfortunate position of having community spread is that our entire population has changed their practice in relation to mask-wearing, hand-sanitising, so we’re more defensive against COVID as we go about our lives,” Howell told Compass journalist Reshma Ragoonath. “We’re are confident that we’re able to facilitate the opening of the borders, quite comfortably,” CBC Deputy Director Kevin Walton added. He said officers are “resilient” and accustomed to transition, having dealt with challenges posed by other global health crises from swine flu to SARS and Ebola. Walton acknowledged there would be some “challenges” around reopening on 20 Nov., but insisted staff were well-trained and collaborating with the wider ministry and partners such as the Health Services Authority and Travel Cayman, plus the airlines themselves, to ensure a smooth reopening. He stressed that, while there was some anxiety, “we’ve been through Ivan,” and listed the department’s ability to manage the import of a large numbers of goods, as well as record numbers of passengers. “We have been there, done that, and we will continue to serve the public accordingly,” Walton said. CBC projection: six flights and 700 passengers on day one Howell revealed that six flights are scheduled to fly into Owen Roberts International Airport on Saturday. These passengers will be the first to go through the new process, which will see verified vaccinated travellers exit the airport without quarantine. They will be expected to do lateral flow tests on days two, five and 10 of their trip (see sidebar). Howell also outlined how the new process for visiting the jurisdiction will change from 20 Nov., when phase 4 of the border-reopening plan comes into effect. “The most obvious changes, in addition to the original travel request that persons would have made if they were travelling internationally over the last 16/18 months, there is now an option to do what’s called the travel declaration… open to persons who are fully vaccinated,” Howell explained. The travel declaration uses a QR code or other electronic means to validate a traveller’s vaccination and gives the option to submit a paper document of an accepted, verified vaccination card, such as the Centers for Disease Control and Prevention card for US visitors. Once validated, travellers are able to come and go from Cayman for three months, so long as they follow rules regarding testing or quarantine, if travelling with unvaccinated passengers, such as children. The whole process – from uploading documents to receiving approval – takes three minutes “from start to finish”, Howell said. So far, 2,100 applications have gone through the system. Technology key to reopening success The introduction of 10 automated kiosks at the airport, Howell explained, is an essential part of the “tool kit” for the border control agency as they look ahead to reopening. Removing the requirement to manually verify travel documents, such as checking the validity of passengers’ How will lateral flow testing work for verified vaccinated travellers? Six flights and 700 passengers expected on 20 Nov. reopening Customs and Border Control staff will greet 700 expected travellers on 20 Nov., as the jurisdiction does away with the requirement for verifiably vaccinated travellers to quarantine. - Photo: Alvaro Serey CAROLINE JAMES cjames@compassmedia.ky When Phase 4 of government’s reopening plan comes into force on Saturday, 20 Nov., verified vaccinated travellers will no longer be required to quarantine. Instead, they will be required to undergo a lateral flow test on days two, five and 10 of their stay. On the 17 Nov. episode of the ‘The Resh Hour’, Wesley Howell, the Ministry of Border Control and Labour chief officer answered some key questions about how the policy will work and who will pick up the tab. A policy document setting out more details was posted on Cayman’s tourism website shortly before publication time. Do travellers self-administer the tests? These tests will be “supervised”, Howell said, and performed by a medical professional; the results will be reported to government. Can travellers use the results to return home? The “supervised and certified” lateral flow tests can be used by US travellers returning home as proof of COVID status, and will be accepted by US immigration officials. However, Canadian visitors will have to get a PCR test to return home, Howell explained. The document posted to visitcaymanislands. com states “all tests for travel must meet the testing requirements for the intended travel destination, and it is the responsibility of the onward traveller to ensure that a lateral flow test will meet their requirements.” Where can travellers get the lateral flow tests done? There will be 30 locations, or “service providers”, where travellers can access the tests. Howell said this was “manageable” with the 700 passengers projected to arrive on 20 Nov. How will officials monitor compliance with the testing? According to the information on the tourism website, upon arrival, each incoming traveller will be issued with a ‘Rapid Antigen Testing Card’ by PLEASE TURN TO PAGE 11» PLEASE TURN TO PAGE 11» 2,100 Number of applications which have gone through the new Travel Cayman portal, for travellers arriving after 20 Nov. cayman compass 3 news N news FRIDAY, 19 NOVEMBER 20211234567 89 101112 13 1415 16 171819 20 212223 2425 1234567 89 101112 13 1415 16 171819 20 212223 2425 ACROSS 1 Vividly descriptive (7) 5 Steal (5) 8 Not in the prescribed order (3,2,4) 9 Set of tools (3) 10 Subside gradually (4) 12 Capital of Chile (8) 14 A mendicant (6) 15 Trumpet-like instrument (6) 17 Rogue (8) 18 Excite (4) 21 Sum charged for a service (3) 22 Payment to remain silent (4,5) 24 Become less severe (3,2) 25 Item-by-item report (3-4) DOWN 1 Surface shine (5) 2 Creative skill (3) 3 Fit of petty annoyance (4) 4 Mountain lion (6) 5 Operate (8) 6 Probably (4,2,3) 7 In haste (7) 11 Careless (9) 13 Privation (8) 14 Sheepish (7) 16 Incense-burning vessel (6) 19 Artificial textile fibre (5) 20 So be it (4) 23 Prefix for new (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 16853 The numbers in the black cells are clues. Numbers above the slash are across clues. Number below the slash are down clues. The goal is to enter digits 1 - 9 in the white cells to add up to the number clues. You cannot enter any digit more than once when adding up to clue. TODAY'S SOLUTIONS Puzzle 16853 ACROSS: 1 Graphic, 5 Filch, 8 Out of turn, 9 Kit, 10 Sink, 12 Santiago, 14 Beggar, 15 Cornet, 17 Swindler, 18 Stir, 21 Fee, 22 Hush money, 24 Let up, 25 Run-down. DOWN: 1 Gloss, 2 Art, 3 Huff, 4 Cougar, 5 Function, 6 Like as not, 7 Hotfoot, 11 Negligent, 13 Hardship, 14 Bashful, 16 Censer, 19 Rayon, 20 Amen, 23 Neo. In any democracy it is the right of people to question leadership. While I am not Caymanian, I am a frequent visitor and have been visiting the islands for over 30 years. While I am disappointed yet again with the comments of the leadership of the islands [see “Premier: ‘Not bothered’ by CDC advisory, hospitalisations low despite COVID spike”; 12 Nov. Cayman Compass], I must say I am not surprised. As we approach the two-year anniversary of the closing of the Islands I think it is fair to ask a simple question: What has the lockdown of business and tourism/shutdown and closure of borders of the island done to stem the tide of COVID-19? As of this writing, the Cayman Islands have one of the highest per capita infection rates of COVID-19 in the world, which has resulted in the highest level of travel warning from the US Centers for Disease Control and Prevention. All the hyperbole, the drama, the ‘We can’t open our borders to infected visitors’ nonsense, and... you have COVID-19 in your backyard, from your own people, and furthermore – as we’ve seen here in the US – COVID-19 now becomes a pandemic of the unvaccinated. What would really gall me if I were a resident is the arrogance, and sheer lack of understanding that your elected leadership has for the detriment and hardship they’ve bought upon the people of the island. Premier Wayne Panton’s knee-jerk reaction to a spike of community- grown COVID-19 in October has cost the tourism industry another high season, and likely more jobs. [As to] the ‘new’ planned reopening 37 days after the original 14 Oct. 2021 date – well, guess what – the US airline industry is not in the business of playing chicken, and make-work projects refunding customers, and getting angry calls from customers that want their money back because Panton isn’t sure what to do. All this, while your businesses flounder or cease to exist, your bank account shrinks, and your place in the world of tourism continues to diminish. When elected leaders are forced to live by the same standard as the people things will change. Remember Cayman Islands – elections have consequences – and you get the government you deserve – we are living that lesson now in the US – too bad you are too. Phillip Hunter Cruise lines ‘ready, willing and able’ to come to Cayman This is one of those “Just say no” moments. The country will need some time after November 20 to assess the situation. – Bruce Smith No thank you ! MAX 2 ships a day, anything more over-burdens attractions. – Kendra Smith I’m sure the occupants of Stingray City are enjoying the respite of not having propeller injuries and suffocation forced upon them. – Steve Ilsley COVID contingency: Cayman’s field hospital ready ‘by Christmas’ Protect yourself and protect your family, it’s the new norm that everyone has to live with, like every country. – Esly Karina I don’t understand why we are not using this for COVID patients now? Why are they in the accident and emergency area mixed with the general public?? – Sharron Shamara Thompson Should have been up from the time the breakout happened… Glad to see some proactive plans instead of reactive. – Jane McCarthy Hopefully the mistakes the world has made, Cayman will learn from. [Legitimate] patients, cancer, heart attacks, car accidents and more need to be able to have bed space and not be taken up by persons who have COVID especially the ones who are against being vaccinated then yet run to the science for help or assistance. It’s just not fair for the legitimate patients. – Marc Hall I hope you won’t need it but glad that you are preparing. – Fiona Vander Best to be proactive, rather than not doing any preparation and having to be reactive. – Janet DeMuth Cayman is playing catch up! That’s all. Need to have this and emergency requirements to meet COVID demands. We cannot live in a cocoon and expect things to remain there. Well done! – Rashantha De Alwis Seneviratne Should have been done a long time ago (PACT). What did you think was going to happen with no preparation? – Trudi Coombs Mask mess: DEH sees increase in discarded face coverings For such a contagious and deadly virus, why aren’t there biohazard containers everywhere for proper disposal? – Liz Bourgeois What some people don't realize is that these same masks can be washed and re-used. – Derrick Hunter Shouldn’t they be toxic hazardous waste in a pandemic?? Where’s the hazardous material bins?? – Amanda Branch Vierra Please stop littering. How difficult can it be to for people to dispose of their garbage properly? – Valda Hilton Taylor They are all over our parking lots. – Susan Di Stefano Neal When you try to teach the world cleanliness by introducing a pandemic, but it backfires. – Decia Foster The culprits are the same ones that dump food containers, plastic cups, beer bottles etc. etc. on the ground! – Lenie Hulse Rosado People are so disgusting to do this. – Carlee Bush CMO confirms second COVID death over long weekend Unfortunately it is going to take more than two deaths for people to take this seriously. Condolences to the family and to those that continue to convince their loved ones not to get vaccinated. – Nicole Apthorp Ireland and the rest of Europe is experiencing crazy rises in cases. 95% of our (Ireland) adult population is vaxxed. Our ICU is about to explode. Albeit majority of the sick are unvaxxed. We have had open borders for most of the year. It’s worldwide. I wish Caymanians well x – Rebecca De Stanleigh 45 collisions per week since January Here’s a thought, if police are understaffed to conduct regular traffic patrols, then why not write a big ticket if you’re deemed at fault for an accident and also require a driver retraining class (paid for by the driver). Not a perfect solution but a start and it puts some accountability back on the bad driver. – Samantha Norrell Peterson Because a lot of people drive too fast (speeding), recklessly (cell phones), and aggressively (no respect for other drivers). It’s gotten worse everywhere over the years. Tightening traffic enforcement (more police writing more tickets) and stiffer penalties for the violations may help. – Kenneth Love The fact we had lockdown for a couple of months last year may have something to do with the increase. – Olivaire Watler Stop the speeding, put cameras on the SMB. Nobody respects the 25mph limit. – Riv Aldo Disappointed with govt’s COVID response Letters to the editor What they’re saying cayman compass 4 news N news FRIDAY, 19 NOVEMBER 2021JAMES WHITTAKER jwhittaker@compassmedia.ky Mark Everett Stanley, Sr. will go down as Cayman’s first ‘COVID victim’ of 2021. But to his friends and family, he was much more than that. A loving father, an intrepid fisherman and a US Navy veteran who served in Vietnam, Stanley was an old-fashioned island guy who loved poker and the Beach Boys, his daughter Sarah Piña told the Cayman Compass on Wednesday, 16 Nov. A familiar face to many in Cayman from his time at Foster’s supermarket, where he managed the deli and seafood departments, and later ran the Fort Street Market store, Stanley, who was 73, had a long list of complex health issues. The coronavirus was a complicating factor, but not the primary cause of his death. His daughter, a professor based in Wisconsin, had travelled to Cayman in early October in hopes of bringing him back to the US, where she and her siblings could take better care of him. Having tested positive for COVID-19 herself during her time as a primary caretaker for her father, she is still in quarantine at his condo, where she received the news that he had died in the early hours of Sunday, 4 Nov. Piña said her father suffered from COPD – a chronic lung disease. He had a leg amputated just after the pandemic began in 2020, and periodically suffered from related infections. Stanley, who had been in and out of hospital over the past two months, had been recovering from COVID at home, and was readmitted on the evening of Thursday, 11 Nov. Piña was later informed that he had suffered a septic shock, due to pneumonia. She believes the virus was a secondary factor in his death. “It has been tough,” she said. “My dad was a fighter. I really thought I was going to take him back to the US with me. We had the plane tickets for this week.” Stanley was born in Hutchinson, Kansas. He enlisted in the Navy when he was 18 and served three tours in Vietnam aboard the USS Kitty Hawk. He later obtained his associate degree in applied science, and went on to raise a family in Kansas City, Missouri, managing and owning several grocery and convenience stores, as well as a catering business. He was in his early 40s when he moved to Cayman, working at Foster’s and indulging his passions for fishing and poker. He was a regular in angling tournaments, at the helm of his 17-foot outboard, Lickety Split. A Compass report from one such event named him as a ‘local fishing legend’ who made tournament history, and recorded his tiny Twin V heading out to ‘brave high winds and heavy seas’ alongside a fleet of much larger boats. That didn’t stop him from competing, however. “He often caught the biggest fish,” Piña remembers. Family shots of mahi-mahi and wahoo that dwarf the vessel bring back great memories for Piña of summers in Cayman with her father and siblings. There is still fishing bait in the freezer at his condo, evidence of his hope and belief that he would get out on the ocean again in spite of his ill health. Woody Foster, owner of Foster’s supermarket chain, remembered Stanley’s legendary status as an angler, who would go out to 12-Mile Bank alone in his tiny boat and haul in big-game fish. He also paid tribute to him as an old-school, hard-working guy. Foster said he ran the Fort Street Market “like it was his own”, capable of doing every job in the store and always going the extra mile for the business. “He could run the register, he was in the back cooking, he was unloading the trucks… he gave us his heart and soul,” said Foster. “He worked extremely hard and he expected the same from everybody else. He led by example.” For Piña, there is some comfort in knowing that her father is no longer in pain and that he died in the place that he loved so much. “He was an interesting man, a funny man, a hard-working man. I know he loved it here and would have wanted to transition here,” she said. “This is where he spent a lot of his life. He made a lot of great friends and he was a well-known character.” Stanley leaves three children – Mark Stanley, Jr., Annie Ford and Piña – all of whom live in the US, as well as six grandchildren and two great-grandchildren. Mark Stanley was renowned for hauling in big game fish on his tiny 17-foot boat. - Photos: Submitted Mark Stanley, Sr., pictured with his daughter-in-law Shannon Stanley and his son Mark Stanley, Jr., after a fishing tournament in Grand Cayman in 2010. Stanley as a young naval officer. Stanley was known for taking out his boat Lickety Split to compete in fishing tournaments. Cayman celebrates the life of ‘local fishing legend’ Though the Cayman Islands officially recorded two COVID-19 related deaths this week, the virus was not the principal cause of death in either case. World Health Organization guidelines indicate that all cases where the virus shows up on the death certificate should be recorded in the official statistics – even if it is a secondary factor. Speaking on Radio Cayman this week, Chief Medical Officer Dr. John Lee explained that any death where COVID was a contributory factor, had to be classified as COVID-related. “In both of the cases, I understand that COVID will be listed as a cause of death,” Lee said. “It will be listed as one of the contributory factors, so it will be called a COVID death… The World Health Organization sets out how you should describe these things.” He explained death certificates include all contributory factors to a person’s death and in these two cases there were other factors that were more significant than COVID. “In both of these cases, the people had a lot of other medical problems and were very sick and, in both cases, it was not unexpected that they passed,” he added. CMO explains how COVID deaths are classified cayman compass 5 news N news FRIDAY, 19 NOVEMBER 2021Conservation council and planning authority head to court over controversial cabana and seawall JAMES WHITTAKER jwhittaker@compassmedia.ky A controversial project to rebuild a cabana and seawall at the water’s edge on Boggy Sand Road is set to become a test case for the powers of Cayman’s National Conservation Council. A judge has agreed to a temporary ‘stay’ on planning permission for the redevelopment, pending the outcome of legal proceedings between the Council and Central Planning Authority. The authority approved the application, despite a direction from the council that it be rejected because the project would likely have a negative impact on the Seven Mile Beach marine park, which is a protected area. The authority indicated it did not believe it was legally obliged to follow the direction, on the basis that it considers the council’s delegation of that power, to the Department of Environment, to be invalid. Now, the National Conservation Council has filed an application for judicial review of that decision. It is seeking a ruling from the court that the delegation of its power to the Department of Environment was valid and therefore that the grant of planning permission for the Boggy Sands Road project be quashed. The property developer, Cayman Property Investments Ltd, is named in the court proceeding as an interested party. The case, which pits two government entities against each other, hinges on the legal interpretation of the council’s powers and how they are exercised. Justice Ramsay-Hale ordered a stay of the planning permission – effectively halting the project – on 14 Oct. after determining there were sufficient grounds for a judicial review to proceed. Kate McClymont of Broadhurst LLC appeared before the court on 16 Nov. on behalf of the council, seeking directions for the hearing of the judicial review proceeding. Ian Paget-Brown QC appeared for the authority and Tom Lowe QC appeared for the developer. Ramsay-Hale gave directions for the matter to be listed for a hearing early next year. At issue, is the legality of the council’s direction that the application to rebuild the two-story beach cabana and seawall be refused. According to minutes of the CPA meeting from 1 Sept., the authority chose to ignore that instruction in the belief that it was legally ineffective because it came from the director of the department, Gina Ebanks-Petrie, under delegated authority, rather than from the council itself. Lawyers for the conservation council argue, in court documents seen by the Compass, that directions to the CPA to refuse a planning application that could impact a protected area are among a wide variety of powers that can be delegated to the director of the DoE. The argument acknowledged that there are certain “directives” that cannot be delegated, but contend that this was not the case in this instance. They further argue that the National Conservation Law places an obligation on the Central Planning Authority, and any other entity (except Cabinet) to seek its approval before granting any permit or licence that could have a detrimental impact on a protected area – in this case, the marine park. The law also indicates that, where those negative impacts can’t be mitigated, the council should direct the authority to refuse the application. The CPA has yet to file documents setting out the basis of its defence to the application. Minutes from the 1 Sept. meeting, at which the matter was considered, indicate the authority was “satisfied it was not in possession of a lawful directive” from the National Conservation Council when it chose to approve the project. The minutes further state the CPA’s belief that it has a mandate to direct development with “the economic, cultural, social, and general welfare of the people” in mind. It adds that it considered allowing the existing seawall to remain in situ to be the “least desirable” outcome for the surrounding environment. This application will determine whether the DoE, on delegated authority from the National Conservation Council, can direct the Central Planning Authority to refuse future planning applications where it considers the underlying project will have an adverse impact on a protected area or the habitat of a protected species. This cabana and seawall at the water’s edge on Boggy Sand Road is at the centre of legal proceedings which will determine how far the National Conservation Council’s powers extend when issuing a directive to the Central Planning Authority. - Photo: Taneos Ramsay Test case over powers of environmental watchdog The case, which pits two government entities against each other, hinges on the legal interpretation of the council’s powers and how they are exercised. cayman compass 6 news N news FRIDAY, 19 NOVEMBER 2021Priced Right at the Airport Center and Priced Right in the Republix Plaza SALE NOW ON! SCAN TO VIEW SPECIALS or visit pricedright.ky | @pricedrightcayman UNTIL 24 NOV, 2021 cayman compass 7 FRIDAY, 19 NOVEMBER 2021RESHMA RAGOONATH rragoonath@compassmedia.ky Auditor General Sue Winspear has expressed disappointment in the Health Services Authority’s failed procurement exercise for its pharmacy, saying value for money is important when around $9 million is being spent annually. The Office of the Auditor General’s HSA Outpatient Pharmacy Services report also highlighted issues with the archaic Pharmacy Act and lack of performance checks at the government pharmacy facility. Winspear shared her concerns in a statement on the release of the OAG’s latest report, which reviewed operations and the expenditure processes at the widely used government health facility. “It was disappointing to note that lessons from the previous procurement exercise did not appear to have been learned. The procurement exercise that started in late 2019 was started far too late and took too long, leading to contracts, that were not providing value for money, being extended multiple times. That procurement exercise was eventually abandoned in early 2021 and a new one has now started,” Winspear said in the statement on the report made public on 16 Nov. According to the report, the HSA carried out a procurement exercise in 2017 that resulted in nine contracts for the supply of medicines being awarded covering July 2017 to December 2019, and there were “some challenges” with that exercise. Procurement under the microscope The Office of the Auditor General said it found a number of deficiencies in the contract provisions which did not ensure fixed prices or best value for money. It also pointed to HSA’s contract templates that did not include standard clauses outlining consequences for late or non- delivery of orders. “The contracts state that the prices offered in the tender process must be fixed for the first year, and thereafter proposals for price changes should be submitted in writing; it is not clear if these provisions were enforced,” the report stated. A new procurement exercise was started in December 2019 for the supply of medicines, but it, too, had a number of deficiencies and was abandoned early in 2021. “The HSA spends around $9 million a year buying medicines and it is important that it obtains value for money from this,” Winspear said. The report said the new exercise “made it impossible” for new contracts to be awarded in a timely manner, as the contracts for the supply of medicines were due to expire. That procurement exercise was cancelled at the vendor evaluation stage and existing contracts were extended to March 2022. A new tender has been launched and is expected to be completed in January 2022. A business case was initially prepared for the pharmacy procurement, but the OAG said the quality of options evaluated was not sufficient. Additionally, “we found that two of the options did not comply with the Procurement Act and one option was not adequately explored. The business case set out milestones, but these were not adhered to, and the procurement process suffered lengthy delays”. The report added that HSA informed the OAG that the emergence of COVID-19 in early 2020 further contributed to the delays in completing the procurement process. “As a result, the existing contracts were extended numerous times,” it added. Legal changes needed The report also pointed that the legislative framework is “outdated and there is a lack of strategic direction at the national level for healthcare, and by extension pharmacy services”. “Not for the first time I am having to report that the legislative framework for pharmacy services is significantly out of date and there is a lack of strategic direction at the national level for healthcare. The Pharmacy Act, which dates back to 1979, is not in line with current good practice and creates risks for the control and regulation of drugs that are able to be brought into the Cayman Islands. This needs to be rectified as soon as possible,” Winspear said in her statement. When it came to the actual medicinal supplies, the report highlighted that the HSA provides a good quality pharmacy service, which has improved over recent years, “but it needs to do more, including regularly measuring and reporting on performance”. The Auditor General recognised that HSA provides vital pharmacy services for a large proportion of the population, including many of “our most vulnerable people.” “It is pleasing, therefore, to be able to report that the HSA provides a good quality pharmacy service and has processes in place to ensure that the quality, safety and efficacy of the medicines it uses and dispenses to patients,” she said. “I encourage the HSA to continue to improve pharmacy service, by for example improving its facilities, and to regularly measure and report on a range of performance indicators. These should include measures that contribute to customer satisfaction such as waiting times,” she added. Among the 19 recommendations outlined in the report, the OAG said the government should revise the Pharmacy Act, and the Pharmacy Council should finalise, publish and enact standards of practice for pharmacy technicians as soon as possible. As for the HSA pharmacy itself, the OAG recommended, among other improvements, customer service training and ensuring sufficient financial information is available to monitor and report the profitability of the entire pharmacy. The Health and Wellness Ministry did not respond in the report to its recommendations, which the auditor general called “both highly unusual and disappointing”. AG critical of HSA pharmacy procurement exercise Auditor General Sue Winspear The Auditor General recommends revising the Pharmacy Act and publishing and enacting standards of practice for technicians. cayman compass news N news FRIDAY, 19 NOVEMBER 2021 8Great people make a great company, and at Butterfield we have some of the best; dedicated to meeting our clients’ needs and exceeding their expectations. We’re proud to recognise and celebrate our long-serving employees, and we thank them for their contributions. Butterfield Bank (Cayman) Limited is licensed to conduct banking and investment business by the Cayman Islands Monetary Authority. Address: 12 Albert Panton Street, George Town, Grand Cayman, Cayman Islands. Appreciation by . 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