No Artificial Flavours, Colours or Preservatives. Ever. The Clean cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Weekly, 6-13 April 2023 Permanent residency points system ruled unconstitutional Page 3 Powder keg 50 fires in five years; landfill almost out of space Pages 18-20 Easter campers hit the beaches Page 6Matinees (matinee price before 6pm) • Seniors $9.00 (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 lm starting after 6pm, unless accompanied by their parent. 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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 weather Friday Forecast FORECAST Partly cloudy skies with a 30% chance of showers. SEA STATE Rough with a wave height of 4 to 6 feet. WINDS East to northeast at 15 to 20 knots. 86°F HIGH 74°F LOW NEWS EDITOR CAROLINE JAMES ISSUES EDITOR JAMES WHITTAKER HEAD OF SALES CHERYL BIRCH-GILLIES news in brief cayman compass 2 N news WEEKLY, 6-13 APRIL 2023 Holiday for King Charles’s birthday set for 19 June To celebrate the official birthday of King Charles III, Monday, 19 June, will be observed as a general public holiday, Cabinet has confirmed. In the UK, the King’s birthday will be officially celebrated this year on Saturday, 17 June. Under the Public Holiday Act 2007, the official birthday celebration here is set as, “The Monday following the Saturday appointed in the United Kingdom as the official birthday of the reigning sovereign.” This will be the first official birthday observance for King Charles since taking over as head of the monarchy following his mother Queen Elizabeth II’s death last year. Queen Elizabeth was born on 21 April, but a date in June was chosen as her official birthday so that a parade in her honour could be held when the weather was likely to be warmer. The same holds for King Charles, whose birthday is 14 Nov. Cabinet had previously announced 8 May as a public holiday to mark the coronation of King Charles III. Details of Cayman’s celebrations for the coronation are yet to be announced. Beach vendor arrested over alleged pepper-spray attack A 20-year-old vendor at Seven Mile Public Beach has been arrested after being accused of attacking a member of the public with pepper spray during a dispute over a transaction, police said. Officers received a report of the alleged attack on Wednesday, 29 March. On arrival, they spoke to the victim, but the suspect had already left. On Saturday, 1 April, police arrested the suspect at his West Bay residence on suspicion of possessing a prohibited weapon and common assault. During a search of his home, police found several rounds of ammunition, and further arrested him on suspicion of possession of the ammunition. The suspect has been formally charged with possession of an unlicensed firearm (ammunition) and appeared in court on Monday, 3 April. A 27-year-old woman from George Town, who was present at the property during the search, was also arrested. She was granted bail. Hawksbill turtle rescued from poachers A large female hawksbill turtle was rescued from poachers on 2 April, the Department of Environment reported. The DoE, in a post on its official Facebook page, said its conservation officers and the RCIPS helped rescue the helpless animal from certain death. “The turtle had been tied up on land and luckily was still alive when found thanks to the fast response of the rescuers. After a health assessment, she was released back to sea,” the DoE said. Following Cayman Compass queries, the DoE added, in a 4 April message, that the captured turtle was reported in a yard of a multiplex and there was no way to confirm who had put it there. This meant that they were unable to make any arrests. As the DoE celebrated the rescue, it also issued a warning to the public about poaching, and encouraged people to only purchase turtle meat from the Cayman Turtle Centre, and “never from an unknown source”. The DoE noted that hawksbill turtles are a critically endangered species with numbers declining worldwide. “The number of mature breeding hawksbills in the Cayman Islands is extremely low and there are many years where no hawksbill nesting occurs at all,” the DoE said. Even though Cayman enjoyed a successful nesting season in 2022, with a record-breaking 858 nests logged, it will take years for those hatchlings to make their way back here to start the cycle of nesting. This is why it is key that mature turtles are protected to ensure continuation of the species here, conservation officers said. “Taking any species of sea turtle from the wild is an... offence because their numbers are so fragile that it’s unsustainable, even for the small populations of our Islands,” the DoE added. The DoE urged the community to help protect Cayman’s wild turtles from illegal poaching by reporting any suspected illegal activity to DoE’s conservation officers on 916-4271. Cabinet repeals requirement for temp jobs to be advertised Cabinet has repealed the requirement for temporary jobs to be advertised before work-permit applications are submitted. This was a reversal of a policy first initiated by former Deputy Premier Chris Saunders and came just over a week following his removal from the Cabinet. Workforce Opportunities and Residency Cayman, in a notice issued 31 March, said that the requirement, announced in February – and set to come into force that day– to advertise on the JobsCayman portal before submitting any work-permit applications has been repealed. In that notice, WORC appeared to indicate that its site had an issue with quick turnaround for temporary job ads, stating, “Progress continues on preparing the new online system and WORC is committed to improving processing times through the implementation of efficient processes and internal systems.” In 2022, WORC processed 55,000 applications. Of those, it approved 21,040 temporary work permits, the statement noted. And in January this year, it approved 1,830 temporary work permits. Hell Post Office granted planning approval for revamp Hell Post Office is getting a $140,000 revamp after the Central Planning Authority granted permission for extensions to the front and rear of the building. Acting Postmaster General Melissa Martínez-Ebanks told the Compass the additions will cover about 670 square foot and will include toilets and more space for customers. “If you have visited the Hell Post Office, you would have seen that it is very small and often cannot accommodate the number of customers visiting at the same time,” she said. “Also, there is no restroom in or attached to the building, so staff have to leave the post office to use the restroom. “When there is only one officer assigned at the office or it’s raining, the lack of restroom facilities attached to the building becomes challenging for staff.” She said a timeline for the works has not been set yet, but the post office will likely be closed during the process. Conditions on the approval from planning board include measures to protect the local environment during the build, the need for a construction permit and getting a final certificate of occupancy. The Department of Environment rescued this female hawksbill turtle from poachers. - Photo: DoEREBECCA BIRD rbird@compassmedia.ky The permanent residency points system does not give sufficient weight to the individual circumstances of an applicant, the Court of Appeal declared this week. As a result, existing legislation is operating against parts of the Cayman Islands Constitution which say private and family life are protected. “We cannot dictate how parliament should remedy the incompatibility,” appeals court president Sir John Goldring said in his judgment on Thursday, 30 March. But he suggested the immigration department adopt a UK model which accepts that a points system is not comprehensive but allows for exceptional cases. The decision came about during the case of Joey Buray and Leon D’Souza who applied for permanent residency in the Cayman Islands in 2017 and 2018. Both failed to achieve the necessary 110 points as prescribed by Cabinet and arrived in appeals court after losing a string of appeals against the decision and related matters of law. Private life Representing the men, Alastair David of HSM Chambers, argued that they had established a private life in Cayman which would be disrupted after failing to obtain permanent residency. The Immigration Appeals Tribunal did not consider that factor, he said, adding that was contrary to section nine of the Bill of Rights within the constitution. The men did not win their appeal, because the decisions made in their cases were, according to Goldring, “proportionate and consistent” with the Bill of Rights. He added that “even if the legislation had allowed consideration of section nine other than by an award of points, it could have made no difference in light of the cases they advanced.” However, their case led to an in-depth discussion of the contradiction between the laws surrounding the points system and the constitution. Judge Goldring concluded that the Immigration (Transition) Act (2022 Revision) which describes the points system does not provide a “comprehensive code” for proportionality. Six years Speaking after the judgment, David said it was “gratifying” to see the Court of Appeal agree with his submissions. “This has been something which HSM Chambers has been raising concerns with for over six years,” he said. The law firm, in a press release, said the decision will likely mean the government will have to amend the immigration law to make it compatible with the Bill of Rights. Meanwhile it will have to provide a revised legal framework for the consideration of pending and future permanent residency applications, it said. David stressed that the judgment should not be viewed as meaning that all expatriates will be able to obtain permanent residence in the Cayman Islands. “Subject to any legislation change, I envisage it will mean that there will be an increase in numbers of expatriates who can stay past their notional roll over date.” He said that extensions would likely be on the basis of their strong family life or private life connections which they have established in the Cayman Islands. Under usual circumstances, anyone who fails to achieve permanent residency and has no other way to remain, has to leave the Cayman Islands for a year. REBECCA BIRD rbird@compassmedia.ky Details of the history and culture test for permanent residency will remain secret in order to respect the non-disclosure policy of the government department in charge of immigration. The decision was made in the Court of Appeal after two applicants suggested there may have been errors in their tests which led to them receiving lower overall scores. Appeals court president Sir John Goldring in his judgment said full disclosure should be made where it is relevant, and where fairness and transparency so demand. However, “absent any evidence of error, an applicant is not entitled to an order for the purposes of creating a case of which there is no evidence whatever”. Procedural unfairness Joey Buray and Leon D’Souza, from the Philippines and India, respectively, applied for permanent residency in the Cayman Islands in 2017 and 2018 after nine years on work permits. Both failed to achieve the necessary 110 points as prescribed by Cabinet, which included a possible 20 points from the multiple-choice history and culture test. Buray was awarded 12 points in the test while D’Souza received 14.5. The men appealed to the Immigration Appeals Tribunal but their case was dismissed. The case was dismissed again when they took it to Justice Alistair Walters at the Grand Court to appeal on matters of law. Alastair David of HSM Chambers, representing the appellants, presented two arguments against Walters’ judgment in the Court of Appeal. The first was that the men had established a private life in Cayman. The Immigration Appeals Tribunal’s failure to consider that was contrary to the Bill of Rights, he said. (See related story on this page.) The second was that there was procedural unfairness in the application of statutory provisions, meaning details of the history and culture test were not disclosed. Past errors In arguing the case on 7 Dec. 2022, David said the Immigration Appeals Tribunal should have made the department in charge of permanent residency, now known as Workforce Opportunities and Residency Cayman, disclose test details. He argued that in the light of evidence of past errors, the obligations of fairness and transparency demand disclosure. Failure to do so was an error of law, he said, and, in both cases, a new hearing should have been ordered. In his judgment, Goldring said there is some evidence of mistakes having been made in the past, though not when the appellants took their tests. Integrity The test consists of 40 multiple- choice questions generated randomly for each testing session from a bank of 300 to 400 questions. Test results are recorded on a WORC database, said Ministry of Border Control and Labour representative said. Neither the board nor the Immigration Appeals Tribunal sees the questions and answers. They simply report the score, obtained from the database. The test is to assess the applicant’s integration into Caymanian society by reference to knowledge of local history, tradition, customs and current events, they said. Disclosure is limited to prevent applicants learning the questions and answers rather than seeking to learn the history and culture of the Islands. In response, the appellants argued the questions and answers could be obtained online – but they did not submit the online versions as evidence. ‘Unjustified’ In his judgment on 30 March, the appeal’s court president said the decision as to how to administer the tests is a matter for those responsible. If the tests were claimed to be inaccurate at the time taken, the court would have expected a positive, sworn assertion that they were not. “But no such assertion has been made,” Goldring said. “The highest the case made… is that if they saw the questions and answers they might be able to detect some error. “That is not a basis for ordering disclosure, in particular where the consequence is that the policy of non- disclosure would be undermined.” He said full disclosure should be made where it is relevant and where fairness and transparency so demand. The judge added that Buray got a total of 74 points and D’Souza a total of 99.5, and even if they had attained maximum points for the test, neither would have reached 110. “Accordingly, to undermine the policy decision when nothing could be gained by the appellants would be unjustified.” The appeal was dismissed. Permanent residency points system ruled unconstitutional PR history and culture test to remain under wraps Appeals court denies request to reveal Q&As The points system The points system is set out in the ‘Permanent Residence Assessment’ in the immigration regulations. This sets out nine factors and a deductible component. The nine factors award points for: Factor 1 – Occupation: Maximum 30 points. Factor 2 – Education, Training and Experience: Maximum 25 points. Factor 3 – Local Investments: Maximum 30 points. Factor 4 – Financial Stability: Maximum 30 points. Factor 5 – Community Minded/Integration into the Caymanian Community: Maximum 20 points. Factor 6 – History and Culture Test: Maximum 20 points. Factor 7 – Possessing Close Caymanian Connections: There is a maximum of 100 points for certain Cuban nationals. 40 points are awarded in respect of an applicant who is the parent, son or daughter of a Caymanian, 20 points for an applicant who is the brother, sister or grandparent of a Caymanian, provided the applicant has not received 40 points by virtue of being the parent, son or daughter of a Caymanian. Factor 8 – Demographic and Cultural Diversity: Maximum 10 points. Factor 9 – Age Distribution: Maximum 10 points. cayman compass 3 news N news WEEKLY, 6-13 APRIL 20231234567 89 101112 13 1415 16 171819 20 212223 2425 1234567 89 101112 13 1415 16 171819 20 212223 2425 ACROSS 1 Come safely through (7) 5 Confused noise of voices (5) 8 The basic essentials (4,5) 9 Large extinct flightless bird (3) 10 Trick (4) 12 Unsafe (8) 14 Warning light (6) 15 Proclaim (6) 17 Fore-and-aft rigged ship (8) 18 Stack (4) 21 Prolonged loud noise (3) 22 Run away (9) 24 Incantation (5) 25 Strife (7) DOWN 1 German operatic composer (5) 2 Melody (3) 3 Shrub native to New Zealand (4) 4 Substance used to curdle milk (6) 5 Paris prison, stormed 1789 (8) 6 Hoodwink (9) 7 Interrelationship (7) 11 Transformation (3,6) 13 Huge (8) 14 Furthermore (7) 16 Stand up for (6) 19 Offer as excuse (5) 20 Gap between mountains (4) 23 Double act (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 17285 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 17285 ACROSS: 1 Weather, 5 Babel, 8 Bare bones, 9 Moa, 10 Ruse, 12 Perilous, 14 Beacon, 15 Blazon, 17 Schooner, 18 Heap, 21 Din, 22 Skedaddle, 24 Spell, 25 Discord. DOWN: 1 Weber, 2 Air, 3 Hebe, 4 Rennet, 5 Bastille, 6 Bamboozle, 7 Liaison, 11 Sea change, 13 Colossal, 14 Besides, 16 Defend, 19 Plead, 20 Pass, 23 Duo. Guest column Is the permanent residence history and culture test fit for purpose? cayman compass 4 news N news WEEKLY, 6-13 APRIL 2023WEEKLY, 6-13 APRIL 2023 NICK JOSEPH For many years, persons seeking to obtain permanent residence in the Cayman Islands have taken a history and culture test. It started as a mechanism to attempt to measure a person’s assimilation into the Caymanian community. Being able to hum a verse of ‘Munzie Boat’ and understanding that ‘soldiers’ wear shells, not uniforms, could get you part of the way there. No one had to study anything. Aspiring permanent members of our community simply lived it, and it was good. Of course, the winds of change wreaked havoc on the boat in the sound. All in the name of progress, we crushed the soldiers under our cars and collected their homes as trinkets off the beach. At the same time, the Barcadere became the Cove, dolphin became mahi mahi, weeping willows became Casuarinas and the sea became the ocean. Cocoplum went from being a fruit, to an address. Even our spelling is now changing, as has (seemingly) our ability to freely access and enjoy the coastline. It has all fundamentally happened in as little as 30 years. The pace of change (some call it progress) is accelerating. It used to be that Caymanian culture was learned by enjoying a good rundown with friends, all the better if washed down with swanky. In that setting, on a moonlit porch, expatriates could learn of Christmas breezes, men of iron in wooden ships, smoke pots and National Bulk Carriers. In moments of silence, they could ponder the similarities between wompas and flip flops, and the differences between types of breadkind, as well as distinguish between squabs and prop props. Those days have passed. The legislation we operate under (first drafted in 1971) has always enshrined focus (whether agreed upon by those administering it or not) on ‘cushioning’ the Caymanian way of life against the impact of inevitable change. Indeed, the Permanent Residence Points System, prescribed by the Cabinet, emphatically states that “an applicant’s integration into the Caymanian society will be measured by reference to his (sic) knowledge of local history, tradition, customs and current events.” Despite the inherent legal (and political) expectations, the permanent residence history and culture test has little to do with actual integration into the Caymanian society. It is a test of knowledge or recollection. Reading books is good, and will help, but ultimately, several years ago, the government decided to provide a course. The course has been spectacularly successful. Attendees seem to do extremely well on the test, sometimes scoring 100%. Unfortunately, often due to work or family commitments, not everyone can attend the course or spend the CI$200 required to participate. Never mind, there has been even more progress. It appears that most of the questions (and answers) are freely available on an app, and otherwise in wide circulation. Some now accordingly suggest there is now no need for any prospective permanent resident to spend any time on a porch, read any history books, or attend a course. Still, we accept, however they may be learned, it is better the facts be known, than not. Incredibly, although not the fault of the initial authors of the test, some of the facts on which people are assessed, have not been consistently factual. The issue has been known (and attempts made to have it addressed have been ongoing) for a decade. Asking a PR applicant who the minister of tourism is, but failing to provide that minister’s name amongst the options for the multiple choice response (thus making the question impossible to correctly answer) is not a good look – especially if such a thing were to happen multiple times (and seemingly for years) even following concerns being raised. Some facts are important for people to understand who we are and where we come from. The Treaty of Madrid, Captain Pack and Long Celia are all highly relevant, and important (hey, Bodden Town, shouldn’t we get her a statue?). On the other hand, and although I am a fan of them all, it appears to me that steel pans, jerk chicken, and Batabano ought not be a focus on integrating expatriates (although recognition that these things are traditionally no more Caymanian than the internet or rum and coke, probably should be). Let there be no doubt. Choosing who can and should gain and maintain the privilege of being a settled resident of these islands should be firmly in the hands of the Caymanian people applying appropriate and transparent standards. That prospective permanent residents be asked to evidence their particular contribution, participation, and commitment is not offensive. The interests of these islands and their people must be paramount. However, the system (and every material aspect of it) must be fair and rational. The Constitution requires it, and our forefathers would expect no less. The reality is, if we fail to treat people fairly, the Constitution will ultimately deprive the Caymanian people (through the actions of their elected representatives) of the right to determine who can stay, and (quite properly) hand that determination to the courts. The easy answer, of course, if we wish to avoid that, is to ensure our systems (however strict we wish them to be) treat everyone fairly. Perhaps someone might – in furtherance of maintaining their prescriptive right, albeit in polite disregard of any inappropriately located no trespassing sign – peaceably sit in the shade of a grape tree, stare at the sea, and contemplate that possibility. It is not too late. Nick Joseph is a partner and immigration expert at HSM law firm, which represented clients in the recent court case on the permanent residence points system (see page 3). The multiple-choice culture and heritage test has come under fire for failure to remain updated on political appointment questions. The entire points system for permanent residency has been ruled unconstitutional by the Court of Appeal. Nick JosephNORMA CONNOLLY nconnolly@compassmedia.ky A report aimed at combatting the traffic bottlenecks at Grand Harbour includes a recommendation to build a new road to take pressure off the roundabout that is the scene of long daily tailbacks. Jay Ebanks, whose remit now includes transport after the recent Cabinet reshuffle, spoke about the report at a public meeting in Bodden Town East, hosted by the district’s MP Dwayne Seymour on Thursday night. “Our biggest bottleneck right now is Grand Harbour,” he said at the meeting at which traffic congestion was a subject touched on by most of the government speakers. Ebanks said the report, which he received from the National Roads Authority on Wednesday and which has not yet been released publicly, indicated five options to ease the traffic jams in the area, and he outlined one of these. “One of the biggest fixes for Grand Harbour [is] to put the public on a service road to alleviate some of the traffic flow that is coming from the Marina Drive, Prospect, area, and [for] those that want to get in behind the Grand Harbour area,” he said. “So, there will be a new road going behind King’s and … behind Country and Western [bar]… which will end up all the way down in Prospect.” This would take much of the traffic-flow pressure off the roundabout, which would at that point only be handling traffic coming from two directions, he said. NRA director Edward Howard confirmed to the Compass that the ‘corridor study’ report was on the agenda for discussion at an NRA board meeting next week, after which he would seek authorisation from the minister to release it to the public. During the meeting in Bodden Town, Ebanks also outlined work being carried out by the NRA to deal with congestion in other areas. Addressing the expansion work at the Linford Pierson Highway, he said the plan was to create a six-lane highway on that road, and “changing the roundabout direction”, as well as enabling traffic on the roundabout to access Walkers Road. “That will really help alleviate a lot of the morning traffic,” he said. Work is also continuing on the Airport Connector Road, which will establish a direct route from the Owen Roberts International Airport to Camana Bay. “That will alleviate a lot of the traffic flow in central George Town [and] in the industrial area, and alleviate the traffic flow coming from the airport for those going to West Bay Road,” he said. Ebanks also addressed some Bodden Town upgrades, including the repaving of Belford Drive, and adding more wells in Cumber Avenue – a site that experiences severe flooding during the rainy season. “We did some work in digging out the water flow whereby the culverts that go to the ponds are a bit deeper so the water can flow out there,” he said. “I know we haven’t had a large rain yet so that we can see if it’s going to be working effectively, but we’re hoping that will alleviate a lot of the water flow that’s happening in Cumber. “If it does not, then there’s another option [of putting in] injection wells in that area that will force the water to get out of Cumber very quickly.” Report addresses Grand Harbour bottleneck NORMA CONNOLLY nconnolly@compassmedia.ky Bodden Town East MP Dwayne Seymour says he intends to bring a motion to Parliament requesting that a section of the proposed East-West Arterial nearest to Bodden Town be built without an environmental impact assessment. The National Conservation Council previously deemed that the planned 10-mile extension to the road requires an EIA, under the National Conservation Act, because of the likely detrimental effects it could have on the environment. Speaking at a mid-term public meeting in Bodden Town Thursday night, Seymour said that as the proposed road was gazetted in 2005, long before the 2013 National Conservation Act was enacted, that legislation “should not impede a previous Cabinet-approved order… to build this road to give alternate route for relief during traffic rush hours and during emergencies and hurricanes”. He is asking that the section from Hirst Road to Lookout Gardens be built as soon as possible, without waiting for the outcome of an EIA, as he said this area was “less environmentally sensitive” than the section from Lookout Gardens to Frank Sound Road in North Side. Seymour said he planned to introduce his motion at the next sitting of Parliament, which is expected to begin on 26 April. Reiterating comments he made at town hall meetings hosted by the National Roads Authority in February about the terms of reference of the road extension EIA, Seymour said he wanted “one more hour’s sleep” for himself and his constituents. However, Premier Wayne Panton, when he took to the stage at Thursday’s meeting, seemed to indicate that it was unlikely that the Hirst Road-Lookout Gardens section of the road would be built without an EIA. Premier: EIA is necessary Reminding Bodden Towners of extensive flooding experienced in the town’s Gun Square and Belford Estates over the years, he said an EIA was essential to ensuring the East-West Arterial extension was “done properly” and in such a way as to avoid future flooding issues. “We need to make sure that we know exactly how to do it without causing more problems,” he said. And that’s why we need to have this environmental impact assessment completed.” He added that, on the present track, the EIA would be completed by the end of this year. Acknowledging that “even if the road was started right now, it would still take time to build it”, the premier said steps had to be taken in the near-to-medium term to address traffic congestion, not just in the eastern districts but around the island. These include improved public transport, carpooling, a government-subsidised park-and-ride scheme, and limiting the importation of vehicles. Slowing vehicle imports The Cayman Compass recently reported that more than 8,000 additional vehicles were licensed to drive on Cayman’s roads in 2022. The premier said he had been shocked to read those numbers in the Compass, as the figures the government had received from the Ministry of Border Control had indicated that about 4,400 cars had been imported. “Instead we find out that 8,000 new cars had been registered in 2022,” he said. “If you strung those, bumper to bumper, and separate them out by one car length, that’s about 24 miles of traffic. So, you understand why it’s an imperative for us to limit the number of cars that are being brought in,” he added. Noting that there had been an increase of about 10,000 in the population in the last two years, he said there needed to be restrictions on the age of cars being imported. To further address traffic congestion, the premier added, Tourism Minister Kenneth Bryan, who until the recent Cabinet reshuffle had transport as part of his ministry before it was transferred to Jay Ebanks, had issued a request for proposals for electric buses to be used in a park-and-ride scheme. A consultancy firm had won that RFP and the process would soon begin, he said. The National Roads Authority says expanding the East-West Arterial as far as Frank Sound in North Side will help alleviate rush-hour traffic to and from the eastern districts. - Photo: Taneos Ramsay Seymour: Build section of East-West Arterial without EIA During morning and evening rush hours, the Grand Harbour roundabout is the scene of major traffic congestion. - Photo: Screengrab from Amplify Cayman video cayman compass 5 news N news WEEKLY, 6-13 APRIL 2023cayman compass 6 news N news WEEKLY, 6-13 APRIL 2023 In Cayman, a long-standing tradition is spending the long Easter weekend camping on the beach. It’s a link to the early days of living off the land and sea, and a nod to simpler times. The days are spent fishing, cooking, swimming, playing games and relaxing. This Easter tradition is as popular today as it has always been. This year, Easter is from 7-10 April. Favourite spots to pitch a tent are along the Queen’s Highway in East End, in and around Rum Point and Cayman Kai, and along Seven Mile Beach, Smith Barcadere and South Sound. With some spots more popular than others, campers began staking their claim well before the long weekend, and some will remain there for days after. According to the Public Lands Commission, which recently published guidelines related to camping, bonfires and barbequing, campers are allowed to set up their tents on local beaches 10 days prior to Good Friday and 10 days following Easter Monday. The commission is also stressing that permits are required for any bonfires built on local public beaches throughout the Cayman Islands. The Public Lands Commission is the entity charged with protecting people’s rights to access to Cayman’s beaches and public areas. The commission’s chief inspector, Winsome Prendergast, advised in a press release, “We want to ensure that we keep our public safe and our lands clean, tidy and protected, while still enjoying and preserving our wonderful traditions. The PLC have developed a comprehensive list of frequently asked questions along with answers in anticipation of any questions or concerns that the public may have in regards to camping. To avoid any prosecution, I strongly advise the public to review, be aware and adhere to our camping guidelines. “It is also very important for prospective campers to adhere to instructions, advisories and bulletins from the Royal Cayman Islands Police Service, Cayman Islands Fire Service and Department of Environmental Health.” Each year, after the Easter weekend, an unfortunate sight on many beaches is the mounds of garbage left behind by campers. Anyone camping on local beaches is urged to take their rubbish home with them or to dispose of it properly if there is room in the garbage bins provided. To apply for a PLC camping permit or for more information on camping rules, visit www.gov.ky/camping. Cayman campers hit the beaches Easter campers have already staked spots for their tents. - Photo: Taneos Ramsay Public land Non-residents require a PLC permit to camp on public lands and parks. Residents do not require a permit to camp for the following periods: • 5 consecutive days • 7 days prior to a public general holiday • 7 days following a public general holiday • 10 days prior to Good Friday • 10 days following Easter Monday Private land • The PLC does not issue permits for camping, or for any use of private land. • Camping on private land without the consent of the owner is trespassing, which is a criminal offence. Campfires – bonfires/open fires/barbequing • Lighting a bonfire without a PLC permit is illegal. • Barbequing does not require a PLC permit. • Use existing fire pits, barbeque pits or portable fire receptacles to barbeque. • Never leave a fire unattended. • Extinguish fires until the ashes are cool enough to touch. QUICK CAMPING GUIDEWWW.HEALTHCITY.KY Thank you Cayman for trusting us with your health. Even greater hope and healing lie ahead. Each one of these numbers is a sigh of relief, a smile, happy tears, a hug. Every number is a patient's story. For 9 years we have walked side-by-side with you. Working together to give you peace of mind and get you home, where you belong. 1,324 cardiac surgeries 1,484 sleep studies 193,721 outpatient visits 2,509 orthopaedic surgeries 14,756 inpatients 15,588 emergencies 281 interventional neurology procedures 733 neurosurgeries 3,013 CathLab procedures 3,838 gastroenterology procedures Cayman’s 1st dedicated Radiation Oncology Centre Strength in numbers H EA LT H C I T Y C AY M A N ISL AN D S cayman compass 7 WEEKLY, 6 13 APRIL 2023PARKER MCCOLLUM HANDLE ON YOU HARDY FT LAINEY WILSON THOUGHT YOU SHOULD KNOW BAILEY ZIMMERMAN ROCK AND A HARD PLACE LAINEY WILSON HEART LIKE A TRUCK COREY KENT WILD AS HER TYLER HUBBARD DANCIN' IN THE COUNTRY DAN & SHAY YOU COUNTRY COUNTDOWN 22 33 44 55 66 77 88 99 10 10 TOP TOP 10 10 HOSTED BY DR DOUG 11 DIERKS BENTLEY GOLD TUNE INTO CAYMAN COUNTRY ROOSTER 101.9FM'S AFTERNOON DRIVE WITH DR DOUG EVERY FRIDAY AT 5PM TO HEAR THE LIST! LUKE COMBS GOING, GOING, GONE KEITH URBAN BROWN EYES BABY cayman compass 8 news N news WEEKLY, 6-13 APRIL 2023 ANDREL HARRIS aharris@compassmedia.ky Government should have a clear, transparent and publicly available process to allow property owners to object when their land is seized for road projects, the Court of Appeal has ruled. The failure to properly publish and publicise a consultation process for aggrieved land owners contravenes their human rights, the court decided. The issue arose following an appeal by a group of homeowners on Lissa Lane, after government compulsorily purchased parts of their property to construct a public road. While the court ruled there was no evidence of unfairness to the homeowners, the panel of judges highlighted flaws in the process. In the short term, the ruling may now pave the way for the NRA to build the public road in West Bay but, longer term, the decision could allow for a more accountable, clearer process when it comes to government’s power to acquire land for its own projects. This controversial compulsory purchase of private land will be used extensively for several new road projects in the pipeline, including the East-West Arterial expansion. The Lissa Lane case Lissa Lane was gazetted in 2019, following approval from Cabinet on the recommendation of the NRA. The gazetted road spans seven privately owned plots, all adjoined. When complete, the road will take up just under half an acre of land. The proposed stretch of road has been the centre of a contentious dispute between former government minister Mike Adam, who has used the easement to get to his landlocked home for several decades; and his neighbour Wilson Mendoza, on whose land the easement runs. Mendoza, together with Crosby Collymore Ebanks and Mario Alberto Gomez, whose lands are also affected by the easement, initially opposed the road’s construction by arguing that the Roads Act was legally flawed as there was no provision for a person whose land was compulsorily acquired to appeal said decision to the court. They lost their petition in October 2021. On Friday, 31 March, appeals court judge Sir Alan Moses upheld that decision, ruling that there was no defect in the law that put it at odds with property rights protected by Cayman’s constitution. In his judgment, Moses wrote, “[T]he judge was correct in concluding that the requirements of section 15 of the Bill of Rights were satisfied because either by Constitutional Petition or by judicial review the appellants were secured access to the Grand Court to determine the legality of the taking of possession of their properties.” Government failed to publish objection process The court was also tasked with ruling whether the NRA and the Ministry of Planning, Agriculture, Housing and Infrastructure, which has oversight of the NRA, ran afoul of the constitution by failing to publish and make available an objection process for property owners. During the hearing, a senior policy officer at the ministry stated that there was a formal process for property owners to provide objections in person and in writing. However, he acknowledged that this process was, at that time, not published by the NRA, nor the planning ministry. Justice Moses found that, by failing to make the objection process publicly accessible, the ministry and the NRA did not act in accordance with the law, which they were required to do under section 15(1) of the Bill of Rights, in relation to the interference with peaceful enjoyment of property and the taking of property. He added, “A failure to formulate, and promulgate a procedure for enabling landowners or others to comment on and object to a proposal is not ‘in accordance with the law’.” When returning their decision, the appeals court judges granted a partial appeal but did not quash the Grand Court’s judgment. “In light of the conclusion that no injustice or unfairness has arisen in this case, it is plain that it would not be right to quash this particular decision,” said Justice Moses. “But it is important that any future proposal under the Roads Act is ‘in accordance with the law’ so as to comply with section 15 of the Bill of Rights.” Road dispute ruling paves way for homeowner rights Lissa Lane was gazetted in 2019, following approval from Cabinet on the recommendation of the NRA.© 2 02 3 E YG M L im ite d. A ll R ig ht s R es er ve d. E D n on e. How can what you learn transform who you become? The mindset and skillset to navigate what’s next. It’s yours to build. The EY Scholarship is awarded annually and is valued at up to US$30,000 a year. Applicants must be enrolled full-time at an approved college or university, working toward a bachelor’s or master’s degree in Accounting, Finance, Business or other appropriate major with a strong academic record. The scholarship is renewable for a maximum of five years, provided the recipient meets the required criteria as determined by the scholarship committee. Recipients will have the opportunity to gain meaningful and dynamic work experience as an intern during school breaks and fulltime upon graduation. Learn more about the EY Scholarship by visiting ey.com/bbc or by scanning the QR code. Applications are accepted until 15 April 2023. ey.com/bbc #BetterQuestions cayman compass 9 news N news WEEKLY, 6 13 APRIL 2023 RESHMA RAGOONATH rragoonath@compassmedia.ky Government is discussing introducing new gateway routes through Texas and Ohio, Tourism Minister Kenneth Bryan says. Bryan, speaking on the Cayman Compass weekly talkshow The Resh Hour on 5 April, said he was very excited about the launch of the upcoming Panama route in June, but the expansion of gateways will not stop there. “We are looking at the Texas area and the Cleveland area because those areas fall right in line with our target market, that middle-class disposable income bracket that we need and that loves the Caribbean,” he said. The Compass understands a Kansas City, Missouri, route is also being considered. Bryan said it was too soon to offi cially announce the new routes, as these areas “are under consideration and, hopefully, we can say something at the end of this year”. Cayman Airways previously operated a Dallas, Texas route, but in 2019 abandoned those year-round fl ights because of lack of demand in winter months. The twice-weekly fl ights out of Grand Cayman ended on 31 Aug. that year. In February this year, Cayman Airways CEO Fabian Whorms, also speaking on The Resh Hour, said the airline was looking into two new gateways for travellers, one of which may start this winter. “We have some capacity in our schedule to take on, certainly this year, another gateway,” Whorms said. “So we’re targeting a gateway for the winter season… we’ll be announcing that later on.” He said, in addition, CAL is also looking at “marrying that [route] with a new summer gateway as well”. Both gateways, he said, would be seasonal. Tourism numbers on upward swing The tourism minister noted that Cayman’s post-COVID recovery has been trending in the right direction, with January and February surpassing the budgetary projections of meeting 75% of 2019 tourism numbers. Bryan said, based on the statistics from the fi rst two months of the year – March fi gures are not yet available – the “run rate is looking pretty positive”. “For air arrivals for January, we did 74,000 [passengers], which was 84% of 2019. We were projecting for 70% of 2019 to slowly get there, so we’re already above our hopes and goals in respect to that,” he said. When it comes to cruise tourism, however, Bryan said, for the fi rst two months, Cayman recorded 311,000 passengers – considerably lower than in previous years. Acknowledging the low numbers for cruise, the minister said government knew there was going to be a drop in passengers because some cruise lines have decided to not call here because of the lack of piers. He said, though he has been meeting with cruise line leaders recently, the position remains the same when it comes to a drop in cruise calls. The statistics for January and February, he said, refl ect a 35% reduction in cruise numbers when compared to the 2019 fi gures, which are being used as a benchmark. He said the impact of this reduction will be seen within the community. “We had 1.9 million persons for cruise in 2019. We’re projected to do about 25% to 30% less than that in 2023. That means that you’re talking about 600,000 people less per year. That means 600,000 less people eating. 600,000 less people being transported... 600,000 less people buying T-shirts which we charge duties on,” he said. He said while the drop helps with traffi c and scaling back crowded attractions, he noted that it also has a knock-on impact on people’s livelihoods. Projects in the pipeline The minister also said work on a waterfront tourism project, which will be a tool to help Caymanians in hospitality careers, is continuing. “The waterfront project is also a priority because that’s a training opportunity, as well as a diversifi ed product where we will have a craft market, but that is going to be just over $4 million to do. I want to spread that over two years – $2 million next year and $2 million the following year,” he said. He added that some money has already been spent on the design stage and clearing of the site, “so, hopefully, there’s enough money from a priority perspective to continue that”. Looking to the government’s planned Strategic Policy Statement, which is due by 1 May, Bryan said he hopes plans for the airport expansion is added to the budget cycle. Cayman, he said, has relied heavily on the North American market, but a bigger runway can bring more opportunities. “The limitations that we have, have always been due to the fact that certain fl ights can’t come to the airport because of the short airstrip that we have, and fl ights don’t come late or really early in the morning because we don’t have the bigger planes. I think if we accomplish that, then we can level out our tourism better on the slow-season months and have different routes, different markets, whether it’s the European market, the South Asian market, or even the African market,” Bryan said. Cayman looks to Texas, Ohio for new gateways Cayman Airways will launch its new Panama route in June, with new routes to US gateways being planned. - Photo: File Tourism Minister Kenneth BryanNext >