< PreviousNORMA CONNOLLY nconnolly@compassmedia.ky The Law Reform Commission is set to consider finalising its recommendations for amendments to Cayman’s abortion legislation at its upcoming meeting in July. This will be the second consecutive meeting at which the commission will attempt to finalise its draft report on the law, under which abortion is a criminal offence. The commission, tasked with reviewing Cayman’s statutes to modernise them and ensure they are in line with the Bill of Rights, considered the report at its meeting on 16 May, but it was not finalised. José Griffith, director of the Law Reform Commission, told the Compass, “The Commission considered the draft report at its meeting on 16 May and will continue deliberations at its next meeting on 25 July with a view to approving the report for submission to the Attorney General.” He added that, at that time, the report will be published publicly. The commission has been reviewing Cayman’s 140-page Penal Code – the legislation established in 1975 that covers many criminal offences and their penalties – under which it is illegal to procure an abortion by any means, unless the life of the pregnant woman is at risk. The commission members have decided to deal with abortion separately to the overhaul of the Penal Code. In a discussion paper in December 2021, the commission invited feedback from the public on the issue. It asked a series of questions, including if abortion should be removed from the Penal Code and separate legislation drawn up. It also asked if the Penal Code should be amended to expand the grounds for legal abortion in certain circumstances, for example, where there is a threat to the pregnant woman’s physical or mental health; where the pregnancy is a result of rape or incest; where there is a severe foetal impairment, including fatal foetal abnormality; or where the pregnancy involves a minor; among others. Griffith told the Cayman Compass in an interview last month, prior to the commission’s 16 May meeting, that responses to the discussion paper from members of the public and stakeholders were “quite robust”, including those for and against amending legislation relating to abortion. The Penal Code does not set out a specific penalty for abortion-related offences, but states that, in instances where no punishment is specially provided for an offence, it is punishable with imprisonment for four years and with a fine. No prosecutions During its research into the matter, the Law Reform Commission said it has not found any instance in which a person was prosecuted for such an offence in Cayman, but pointed out that this does not mean abortions are not being procured here. The commission has pointed to a 2013 Ministry of Health ‘Adolescent Health and Sexuality Survey’, which found that out of 202 female participants, 9.1% of 15-16 year olds and 8.5% of 17-19 year olds said they had had an abortion. An investigation by the Cayman Compass in 2022 found that pills to induce an abortion are relatively easy to access on the local black market at a cost of $500. And in a survey of 252 women, carried out by a University College of the Cayman Islands student in 2022, nearly one-third said they had undergone an abortion, with a fifth of those saying they had ingested pills to do so. Women and girls in Cayman who seek abortions either must travel off island to secure one or stay on island and ingest illegally obtained pills. Since the US Supreme Court’s overturning of the Roe v. Wade case in 2022, changes to abortion laws in many US states, which either ban abortion outright or limit the gestation period during which one is available, such as to six weeks in Florida, have made it difficult for Cayman residents to obtain them there. Services covered by insurance! Medical consultations starting at $ 99 No subscription needed! The doctor’s office and pharmacy come to you Not feeling well? Request a consultation now: Wait in the comfort of your own home! 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JAMES WHITTAKER jwhittaker@compassmedia.ky Long-time vendors who were not granted permits to operate on Seven Mile Public Beach have been given the right to appeal those decisions. The change in policy follows legal action brought by a group of disgruntled traders challenging the permitting process. The court application was filed in February on behalf of nine vendors – a mix of souvenir sellers, jet-ski businesses and deck chair renters – who had been operating at the sight in some cases for up to a decade. A Grand Court judge agreed to take the case. The filing indicates that the impacted vendors had been operating with the agreement of government for years and had invested heavily in their businesses on the basis of assurances that they would be granted permits under the new system. It went on to highlight the lack of official, formal reasons and the lack of an appeals process as a breach of their rights under the Cayman Islands Constitution. The case has yet to be heard and government has not responded publicly. But an amended policy, approved by Cabinet recently, appears to address some of the issues raised by the lawsuit. In particular, it creates a process for vendors who were not granted permits to appeal and to continue operating until that appeal is heard. A total of 34 out of more than 120 applicants were granted rights to operate at the beach when the policy was finally introduced in February after years of discussion. According to a press release from the Public Lands Commission on 31 May, the amendments aim to “enhance transparency and fairness” in the process. Included in the amendments is the introduction of a review (appeals) process to allow 2023 vendor applicants to request the reasons behind the decisions made on their permit applications and to seek a review of those decisions if desired. New timelines In addition, the timelines for review requests are being changed. Vendors have 10 business days to apply for a review or to request reasoning for the PLC’s decision. If reasoning is requested, vendors have an additional seven business days to apply for the review after receiving the reasoning. Email submissions As part of the amended application process, vendors can submit their requests for review or reasoning by letter or email to the PLC secretary at plc@gov.ky, clearly stating their grounds for challenging the PLC’s decision. Review by committee Reviews will be conducted by a committee comprising a minimum of three ex-officio PLC members. The review process will be based on submitted documents only and will not involve in-person hearings. All decisions made by the review committee will be final. Fines or prison The policy includes penalty fines of up to $5,000 or up to six months’ imprisonment for anyone convicted of operating on public land without a permit. Vendors who were not granted a permit and who do not appeal under the new policy are being told to vacate the beach or risk prosecution. Questions to the commission can be submitted to plc@gov.ky. New right to appeal for disgruntled beach vendors The change in policy follows legal action brought by a group of disgruntled traders challenging the permitting process. A process is being introduced to enable beach vendors who were not granted permits to appeal and to continue operating until that appeal is heard. - Photo: Taneos Ramsay cayman compass 11 WEEKLY, 7 - 13 JUNE 2024 news N newsRESHMA RAGOONATH rragoonath@compassmedia.ky Government has said it is moving ahead with law changes to restrict the import of six types of single-use plastics, rather than the eight types as it previously stated. It said it will soon restrict importation of small grocery check-out bags, straws, stir sticks and chopsticks made of plastic, as well as sky lanterns, and cups and clamshell containers made of polystyrene. Last year, government stated that it planned to ban eight types of single-use plastics. However, the Ministry of Border Control, Labour and Culture, in a statement to the Cayman Compass on Thursday, 6 June, said that it had reconsidered banning plastic party balloons and their sticks. It said it opted to remove them from the prohibited list “due to the current lack of sustainable alternatives for these items”. Drafting begins The ministry said, in consultation with the Ministry of Sustainability and Climate Resiliency, it will now begin the process of amending the Customs Tariff Act to remove the agreed prohibited single-use plastics, and would continue with draft instructions to amend the Customs and Border Control (Prohibited Goods) Order (2023 Revision) to classify the listed single-use plastics as banned. Last year, the government announced plans to restrict a number of single-use plastic items through a Prohibition Order; however, it said in a statement Thursday that, after further consideration, it determined that “restricting the items through a legislative change to the Customs Tariff Act would be a more effective methodology”. The Compass has requested a timeline for the completion and the implementation of the changes, and is awaiting a response. The ministry, in its statement, said this latest action is “demonstrating progress in the ongoing effort to reduce single-use plastics across our Islands”. Cabinet recently approved further drafting instructions to amend the Customs Tariff Act (2023 revision) to pave the way for the banning of the import of selected single-use plastics. Sustainability and Climate Resiliency Minister Katherine Ebanks-Wilks said receiving Cabinet approval to draft those amendments “is a significant step forward in our efforts to protect the environment and promote sustainability”. “The single-use plastic items we have identified are significant contributors to plastic pollution and environmental degradation globally, and although many of these items wash onto our shores as trash from other jurisdictions, by banning their importation we are proactively safeguarding our natural resources and prioritising the resilience of the Cayman Islands,” she added. She said restricting single-use plastics “is just a part of reducing their environmental impact, proper waste disposal is crucial for fostering cleaner, greener communities”. Ebanks-Wilks encouraged residents to check the Department of Environmental Health’s website for information on correct waste disposal and recycling opportunities. Minister for Health and Wellness Sabrina Turner, in the statement, also reminded that environmental health cannot be discussed without confronting the reality of the trash that is being generated. The space within the landfill, she said, is finite. “The single-use plastic ban is one solution which the Government is looking at to deal with our collective waste and our success as a nation is equally - if not more - dependent on individual behaviours and practices around reducing, reusing and recycling,” she said. She added that this will require the community to make changes “that may feel much less convenient at times”. “But when it comes to fighting to protect the things and people that we love, inconvenience is not even a thought, much less a deterrence. Let us all continue to work together towards the same goal of protecting Cayman now and in the future,” Turner said. Long road to plastics ban A ban on single-use plastics in Cayman has been touted for many years. Cayman is among the last jurisdictions in the region to move towards introducing restrictions on single-use plastics. Last year, a UN Environment Programme report on the status of polystyrene foam and plastic bags in the Caribbean region said 18 out of the 40 listed nations already had a national ban in place. In February 2020, a government- led stakeholder committee said it would be recommending legislation be implemented to ban five types of single-use plastics from January 2021. These were single-use shopping bags, polystyrene takeaway containers, plastic straws, plastic stirrers and plastic cotton swabs. But a month later, the project was put on hold as the COVID-19 pandemic struck the Cayman Islands. A year-and-a-half later, then Premier Wayne Panton, in his first budget address in November 2021, said his new government was ready to move forward with the ban of single-use plastics. It was not until May 2022 that the government revealed a plan to re-form a steering committee to continue work on the plastics ban. Last year, the proposal to ban eight single-use plastic products was expected to head to Cabinet, according to a spokesperson for the Ministry of Sustainability and Climate Resiliency. On Earth Day this year, 22 April, former premier and former Minister for Sustainability and Climate Resiliency Wayne Panton took to social media to voice his distress over the delay in moving the changes forward. He said, during his tenure, Cabinet had approved the issuance of drafting instructions for “a prohibition order to legally restrict the importation of eight types of single-use plastics into the Cayman Islands”. He added, “Disappointingly, while this only needs approval by Cabinet and thus it is easily accomplished, it does not appear to be supported by this Government. While the private sector has been leading the way on this initiative until now, it is important that Government takes action in line with those taken by many other Caribbean countries over the past several years.” Such action, he suggested, “reflects the recognition of the role and a responsibility it has to regulate against single-use plastics and promote sustainable alternatives”. Panton said, sometimes “when we look around our island, it seems like the plastics are winning”. “Even more saddening is the pollution of our beautiful ocean due to plastics. How many of us remember the heartbreaking image of the green sea turtle eating a piece of plastic wrap right here in Cayman at Spotts Public Beach almost a year ago?” he wrote. It was after the publication of that image that the country received the first update in a year on a potential ban after the ministry was asked to comment on it. A turtle eats plastic wrap floating on the water near Spotts Public Beach in 2023. – Photo: Rebecca Bird Balloons dropped from planned plastics ban LIST OF ITEMS Plastic grocery check-out bags Plastic straws Plastic stir sticks Plastic chopsticks Sky lanterns Polystyrene cups and food containers “The single-use plastic items we have identified are significant contributors to plastic pollution and environmental degradation globally...” Katherine Ebanks-Wilks , Sustainability and Climate Resiliency Minister The number of single- use plastics that may be banned cayman compass 12 news N news WEEKLY, 7 - 13 JUNE 2024cayman compass 13 WEEKLY, 7 - 13 JUNE 2024RESHMA RAGOONATH rragoonath@compassmedia.ky A new report looking into Cayman’s parliamentary effectiveness has found several challenges to its success as a legislature ranging from transparency issues to the absence of a code for members’ conduct and perceived hindrances to its independence. The Commonwealth Parliamentary Association’s benchmark assessment report, which was completed following an intensive review last year, found several areas within the legislature that do not meet the international standard for good governance. There are critical areas of the association's ‘Benchmarks for Democratic Legislatures’ that the Parliament is “some way off achieving”, according to the report. It put forward 17 recommendations; chief among these are creating a code of conduct and establishing an independent body to determine members’ salaries and benefits. “Salaries and any allowances should be made public on the website of the independent body and/or Parliament’s website,” the report said. A spokesperson for Parliament, responding to Cayman Compass queries on the report on Wednesday, 5 June, said it was pleased to be part of the opportunity to review procedures and practices against benchmarks developed through the association's consultation with other Commonwealth legislatures. The spokesperson did not comment on the report findings, however, saying that the Council of the Parliament Management Commission is scheduled to review and discuss them at its next meeting, and more information on the findings would be available after the council members shared their responses on the report. Transparency concerns One major challenge flagged by the report was a lack of transparency, whether from irregular meetings of the House or an absence of publicly accessible information. The report found that Parliament remains constrained by the scheduling of its sittings, “or lack thereof”. While it acknowledged that the Parliament’s autonomy is a relatively new development, it said “it is not an excuse for its current situation”. Parliament as an independent body, the report said, should have the power to call itself into a session “as it would increase its ability to scrutinise the Government and legislate effectively”. However, it pointed out that at present the executive – the premier and Cabinet – maintains its power over convening Parliament sessions “as and when required” to pass its legislative agenda. Last month, Speaker of Parliament Sir Alden McLaughlin issued a notice to MPs informing them that the House will resume on 24 June. Parliament last met in February. Coupled with the lack of meetings, the report noted that House sessions do not commence on time and that adjournment breaks during a sitting day are “prolonged”. The report said that during its assessment, it was highlighted frequently that meetings of the executive often the delay the sessions. “It is imperative that the government understands the importance of legislative sittings and that the timing of meetings should be tracked to better organise such meetings around sittings. As opposed to just being an example of disorganisation that inconveniences Members, this should be perceived as a dysfunction highlighting a lack of independence by the Parliament,” the report said. Having a calendar for meetings is crucial to the effective functioning of the legislature, the report noted, adding that, currently, meetings are called in an ad hoc manner. “A Parliamentary calendar should be established as soon as possible and shared with the public via the Parliament’s website,” it recommended. This is not a new concern. For years, both the opposition and the auditor general have been raising the issue of proper scheduling of meetings. The lack of meetings also has an impact on the tabling of documents and reports, which the Commonwealth Parliamentary Association noted. It recommended that a procedure be established for tabling documents when the Parliament is not sitting. “Stakeholders raised that the Government occasionally fails to meet its statutory deadlines for tabling audited statements and annual reports. Having such a procedure in place would go some way toward addressing this issue and general concerns raised about timely access to government and committee information,” it said. The report suggested that parliamentary committees would be one example of a body that could establish this procedure. It pointed out that there is no standing order requirement nor established parliamentary practice for bills to “stand referred to committees”. However, there is a 28-day notice requirement for the introduction of bills, which allows the public to scrutinise them. Although the referral of bills to committees for public input does not occur, the report said it was advised that the government regularly conducts public meetings on bills. “Public input into the legislative process is of paramount importance in any legislature. The absence of this in the Cayman Islands is concerning,” it said. Conduct electoral oversight Another significant area for improvement in transparency is the perceived ‘opt-in’ agreement current existing code of conduct for MPs, the report said. It said that although the Parliament has procedural rules on etiquette in the House, “there is no formal code of conduct, agreed upon by all Members, that sets out the standards of behaviour expected of Members as they carry out their work in the Parliament and outside”. The Parliament, instead, it said, has an “‘opt-in’ code of conduct” that members of the governing party agree to, but opposition members do not. Two codes of conduct were tabled in the House in 2022. A Ministerial Code of Conduct also exists. The report noted that “different stakeholders had indicated that there had been previous attempts to create measures and rules to create more transparency and improve behaviour, but this was met with resistance”. It recommended that a Code of Conduct, agreed upon by all MPs, be established. When it comes to electoral transparency the report pointed out that Cayman does not have an independent Electoral Commission and, from meetings held in the consultation phase of the self- assessment, “there seems to be no intention” to create one. At present, only the Elections Office has oversight of Cayman’s polls. “Stakeholders have highlighted that this might be because elections occur in four-year cycles or the size of Cayman’s electorate. However, this is counter to the Venice Commission and Council of Europe’s good practice to have the organisation of elections overseen by an impartial body that should be in charge of applying electoral law,” the report said. It also stated that it was recommended in the last Election Observer Mission report that political party financing and candidate disclosures should be monitored for compliance. “From the consultation, it was noted by several stakeholders that, at this midway point ahead of the next election, this still needs to be put in place. Recommendations like this and others must be implemented to prevent corruption and unlawful influence, ensure fair competition, and safeguard public trust in elections,” the report said. Elections Supervisor Wesley Howell has indicated previously that possible increases in how much political candidates can spend on their campaigns and closer scrutiny of their pre-election spending are among proposed changes to the Elections Act. Those changes are yet to be published. The report noted that more women should be sitting in Parliament, adding that there “are still social and economic barriers to women being fully equal”. “Increasing women’s representation could be something that Commonwealth Women Parliamentarians and the CPA could assist with, and the Parliament may wish to consider a Gender Sensitive Audit to identify further opportunities for development,” it said. The report also suggested that the new Parliament website could be used to address the transparency of members' registered interest filings. The Constitution mandates a register of interests which the Commission for Standards in Public Life maintains. MPs and parliamentary staff are required to file a yearly register of interest. The forms themselves, however, the report said, are not publicly available as they could be. MPs Register of Interest forms are available for inspection at the Commission’s Office upon request. “These forms should be made available on the new website the Parliament has launched. Doing so will allow citizens to access these details, understand what interests Members have, and assure them that any stakeholders are not unduly influencing them,” the report said. The report said Parliament should, in consultation with members, develop a multi-year strategic plan to improve the functioning of the institution and “ensure that the public can see its long-term vision and scrutinise performance against it”. It also recommended a comprehensive procedural orientation to the Standing Orders and procedures governing committees for incoming MPs and dedicated staff to support research services to Members. The report said a process for post- legislative scrutiny of laws should be considered by consulting with other parliaments and NGOs for examples of good practice and what is simple, efficient, and effective. It also recommended a disability audit of the institution and its premises, providing a roadmap for how it can be made more accessible to persons with disabilities. The report pointed to Parliament's shortage of scheduled sittings. - Photo: Taneos Ramsay Report: Parliament lacks transparency, independence “It is imperative that the government understands the importance of legislative sittings and that the timing of meetings should be tracked to better organise such meetings around sittings.” Commonwealth Parliamentary Association report cayman compass 14 news N news WEEKLY, 7 - 13 JUNE 2024permit holders or outsource them overseas,” the auditor general’s report stated. The office said WORC- produced forecasts over the next five to 10 years would provide valuable guidance for employment policy moving forward. “Improving employment prospects for Caymanians requires a holistic approach, and WORC cannot do it alone,” the report said, calling on the public and private sector to get involved. Live your life. Visit us online at islandheritageinsurance.com or call +1 345 949 7280 With Island Heritage you can. knowingyou’reprotected.Asaleading localinsurerforover25years,we have a consistent track record of providing best-in-class customer service can rely on when you need it most—the Island Heritage way. HOME MOTOR MARINE CONTENTS COMMERCIAL Hundreds attended a 2023 hospitality job fair hosted by Dart. - Photo: Taneos Ramsay DANA KAMPA dkampa@compassmedia.ky The Cayman Islands job market is proving strong in some areas, reaching ‘full employment’ by global standards, as noted by the Office of the Auditor General in a new report. However, the office shared concern about needing to better protect and predict employment prospects for Caymanians. The Cayman Islands has met the threshold for efficient labour use every year since 2019. The report, ‘Improving Employment Prospects for Caymanians’, published on Monday, also indicated that unemployment among Caymanians went down from 5.6% in 2019 to 5% in fall 2023, at 1,143 people. Still, Auditor General Sue Winspear spoke of hurdles for those seeking work, especially for higher-paid positions. “Despite meeting the definition of full employment, there are a number of barriers to employment that need to be addressed,” she said in a press release announcing the release of the report. Chief among these are the need for greater academic attainment, higher minimum wage, apprenticeships and childcare. The report said about 83% of minimum-wage jobs advertised from 2020 to 2023 required a high school diploma. “Most unemployed Caymanians have a high school diploma or lower, and while there are plenty of available jobs that require only this level of education, they tend to be low paid,” she said. Winspear, who is leaving her position later this year, lauded recent efforts to push forward training and education opportunities for technical and vocational fields. But she called on the government to develop a holistic national employment policy looking toward the long-term development of the workforce. The government spent $144 million on improving Caymanians’ employment prospects between 2019 and 2023, according to the report. Advice for WORC In addition, Winspear recommended that Workforce Opportunities & Residency Cayman create a forecast for long-term employment needs and examine the effectiveness of its job-placement programmes. Since WORC began operating in February 2019, the report said that it has seen “numerous changes and gaps in leadership since its creation”. The auditor general’s office criticised some aspects of the department’s performance as it failed to provide mandated labour market demand assessments during its first three years. The auditor general, however, did credit the department’s efforts to help residents participate in training. The report indicated 83% of Caymanians started WORC programmes and finished the courses. But that didn’t always translate to job acceptances. The report says WORC told the Office of the Auditor General, “the low acceptance rate is due to a lack of places. In addition, WORC has not set targets for placements, internships and apprenticeships.” Winspear added in the press release, “[The low rate] is evident for the national apprenticeship programme, where less than one in ten were accepted because of limited places.” Future of IT Looking ahead, the Office of the Auditor General said 46% of jobs will likely be in information technology-related fields. But only 8% of Caymanians expressed interest in such jobs, according to a 2023 University College of the Cayman Islands report. “If Caymanians cannot fill these in-demand jobs, employers will need to fill them with work Auditor general calls for greater employment protection for Caymanians Auditor General Sue Winspear. - Photo: Andrel Harris The government spent $144 million on improving Caymanians’ employment prospects between 2019 and 2023, according to the report. cayman compass 15 news N news WEEKLY, 7 - 13 JUNE 2024NORMA CONNOLLY nconnolly@compassmedia.ky Population growth, rolling power cuts, corruption, skyscrapers and a lack of political will were among the many topics and concerns raised by West Bay residents on Tuesday night in the first of a series of PlanCayman public meetings. Members of the Department of Planning and the Central Planning Authority brought details of the proposed new national development plan – the first since 1997 – to the Sir John A Cumber Primary School hall in a bid to inform people of its contents and get their feedback. The first phase of the proposed plan is undergoing a public consultation, which will end on 30 July. At the start of the meeting, which was attended by more than 100 people, Richard Mileham, policy and development planning officer at the Department of Planning, outlined the contents of a 30-page Planning Statement. That document lays the foundation of the national development plan, known as PlanCayman. Later elements of that plan, which will also be subject to public consultation, include specific area proposals for each district, zoning maps and regulations. Following Mileham’s presentation, in a wide-ranging question-and-answer session that lasted almost two hours, local residents raised a plethora of concerns and queries. Population growth Taura Ebanks was the first of several people on the night to question how PlanCayman would address population growth, when there did not appear to be any overall plan or target for the islands’ population among government officials. “How does PlanCayman understand or have knowledge on how it can plan for Cayman when the people of this country... don’t really know what the plan is for population growth... or what the population goal is,” she asked. The Planning Statement document notes that Cayman’s population tripled – from 26,969 to 81,547 – between 1990 and 2022, and that the population in 2022 was 18,000 larger than it was five years earlier. It acknowledges that responding to the increasing population is one of the “key challenges” it faces. Mileham responded that planners use a process called “performance-based planning”, in which, if a development brings a certain number of jobs or people, “it must also bring certain community benefits and the infrastructure to meet that need”. “That’s the only way we can plan,” he added. Responding to a question by an audience member on whether there was an intentional policy within government to increase Cayman’s population, West Bay North MP Bernie Bush insisted there was not. “The new immigration law that we’re working on or trying to change definitely shows we’re not trying to increase Caymanians,” he said, seemingly referring to status grants. Some residents called for an extension of the consultation process, saying the current two- month deadline, till the end of July, was too short. Mileham noted that this current public consultation is merely the first one in the process, and there would be several more opportunities for residents to give their feedback on other areas of the plan. Overlay zones The proposed plan expands on ‘overlay zones’ in the Cayman Islands. These are areas that may exist within normal planning zones, but involve special circumstances that require additional considerations, such as the preservation of natural resources or historic sites. Alanna Warwick-Smith queried how historic overlay sites would be preserved within areas that are zoned as high-density residential, giving the example of the traditional neighbourhood of Boggy Sand Road in West Bay, where a number of developments have been erected over the years. Mileham responded that a historic overlay would mean that if a development is planned adjacent to a historic building or within a historically important area “there would be additional considerations, whether it be in design, scale, landscaping, whatever it might be, to help to contribute to that location or mitigate any adverse effects that might come forward.” He added that he hoped planning could work more closely with the National Trust, which has a heritage register that is an extensive record of heritage assets in Cayman. Central Planning Authority member Christine Maltman said the new development plans needed to “get a handle on” historic overlays, as currently “it’s easier to overlook an overlay zone than it is the zoning itself, so we need to find a way to make sure it’s specifically addressed in the development plan”. She noted that in other jurisdictions, there are restrictions in place for developing or changing historic overlays, but in Cayman, the Development and Planning Act prevents any such restrictions being introduced. “So, at the moment, there’s nothing that restricts development, according to title,” she said. “It would only be whatever we can do from a design point of view, but our first step is to hopefully get the overlay zones to be a more integral part of the development plan, as opposed to being an afterthought.” High-rise buildings Mario Ebanks asked how PlanCayman would address the addition of more and more 10- or 15-storey buildings at a time when electric company CUC was introducing power cuts in response to growing demand from the increasing population and development. “We’re an island. We’re not South Beach or Los Angeles,” he said. Mileham acknowledged that building heights was a controversial topic in Cayman, but said an appropriate building height in one location was not necessarily appropriate in another. “There is a debate to be had about where we’re going to go with Seven Mile Beach – is enough enough or is there scope for more if it’s done in a sensitive and suitable [manner],” he added. Narrowing the discussion Director of Planning Haroon Pandohie, in response to a number of questions, highlighted the importance of a national debate and conversation on the subject of development on the three islands, saying this public consultation was a vehicle through which this could be done. He urged all members of the public to get involved and take part in the consultation. “Unfortunately, for far too long, I believe, we’ve had very broad discussions... This conversation that we’re having right now is to start to take those broad outcomes and, through the area plan process, start to filter them through,” he said. Chairman of the Central Planning Authority, Ian Pairaudeau, speaking at the meeting, noted that the 1997 Development Plan was supposed to have been revised every five years, but that did not occur, meaning a “lot of catch-up” was needed. Vanessa Burke, the CARICOM ambassador for the Cayman Islands, asked how the PlanCayman public consultation could be extended to young people in the community. Pandohie responded that he was willing to take suggestions on how to get the message across to Cayman’s youth, but noted that it was a conversation, and needed the input from local young people. Overdevelopment lamented Rupert Ackermon decried the constant development of Grand Cayman, saying it was “destroying” the island. “The government has become obsessed with money, and anything they can make money from; they don’t care. That’s the problem.” He added, “If you don’t have the infrastructure in place, if you don’t have the roads and all the equipment, and the electrical network. Look what’s happening right now with Director of Planning Haroon Pandohie, left, and chairman of the Central Planning Authority Ian Pairaudeau at the PlanCayman meeting at the Sir John A Cumber Primary School hall. - Photo: Norma Connolly Rupert Ackermon was among the local residents who spoke at the meeting. - Photo: Norma Connolly West Bayers air concerns at first Residents of West Bay had their say on the proposed PlanCayman on Tuesday night, 4 June. - Photo: Norma Connolly cayman compass 16 news N news WEEKLY, 7 - 13 JUNE 2024CUC [referring to planned outages amid increasing power demand]. You can’t live like that... “Cayman used to be this beautiful place where tourists would come here and enjoy it. I’ve spoken to people recently who said ‘I can’t believe this is the Cayman I knew 30 years ago.’ Those people don’t want to come back.” Esme Smith lamented the overdevelopment of coastal areas, noting that there are very few areas in Grand Cayman where people can see the sea from the road anymore. ‘Sell-ocracy’ Billy Adam was also vocal about the changing face of the Cayman Islands, placing the blame for rampant development squarely on the shoulders of local politicians. Describing the islands not as a democracy, but a “‘sell-ocracy’ where Cayman is for sale”, Adam stated that feedback from earlier public consultations was ignored and efforts to revise the development plan over the years were scrapped. He accused the government of using this current proposed revision of the development plan as an electioneering tool. “This is an exercise to try and fool people with an election year coming up,” he said. West Bay Central MP Katherine Ebanks-Wilks, in response, insisted that politicians were not making decisions contrary to the will of the electorate, saying it was the responsibility of citizens to hold their MPs accountable and get in contact with them if they felt their concerns were not being heard. “That was why they designated single-member constituencies, that was one of the reasons,” she said. Late delivery of planning notices Kelly Reineking raised a long- standing concern among potential objectors to planning applications who have complained about failing to receive notifications through registered post in time to make their objections. Pandohie responded that the Department of Planning was communicating with the Postal Service about this issue. He advised people to regularly visit the Department of Planning’s website to keep updated on new applications. Ebanks-Wilks, speaking as sustainability minister, said she felt the planning department needed to move away from “paper snail mail” and consider using an app to inform people of proposed developments that may impact them. “There has to be creative ways of getting information to people; the island is not very large,” she said. Missing metrics Another resident queried why the Planning Statement did not include a mission statement with success criteria and metrics, saying it listed seven strategic objectives, like housing, transportation and infrastructure, but did not prioritise one over the other. “It doesn’t indicate how you will decide when some of these areas are competing against each other,” she said. “This is why people here are very sceptical,” she said. “Why are they suspicious? Why are they frustrated? Why are they disillusioned? Why are they frightened even? Why are they disappointed? Because it’s a very obvious omission,” she said. She asked how the government was going to measure the various aspects of the plan, such as providing housing for locals, bringing down inflation or making planning decisions regarding developers more transparent. Future meetings The following public meetings are scheduled in the coming weeks. • Savannah: Monday, 10 June, 7-9pm, Savannah United Church • Bodden Town: Thursday, 13 June, 7-9pm, Bodden Town Church of God • North Side: Thursday, 4 July, 7-9pm, Edna Moyle Primary School • Cayman Brac: Monday, 8 July, 7-9pm, Aston Rutty Centre • Little Cayman: Monday, 15 July, 7-9pm, Little Cayman Beach Resort • East End: Thursday, 18 July, 7-9pm, William Allen McLaughlin Civic Centre There will also be virtual public consultations via the Cayman Islands government’s live Facebook and YouTube feeds from 12-1pm on 18 July. For more information, visit plancayman.ky. The construction of 10-storey buildings in Grand Cayman was among some of the concerns raised by local residents. - Photo: Vicki Wheaton NOTICE OF SEIZURE Section 76 Customs and Border Control Act (2024 Revision) Take Notice that on 20th May 2019, the Cessna 550 aircraft with registration number YV2317 was seized by the Cayman Islands Customs and Border Control Service, Grand Cayman, Cayman Islands. All parties interested in claiming ownership of the aircraft must do so by 19th June 2024. And further take notice that if a valid claim is not made by the Director of Customs and Border Control Service, Grand Cayman, Cayman Islands. Submit claims to: Ref: YV2317-2024 Director Cayman Islands Customs and Border Control Service P.O. Box 898 Grand Cayman KY1-1103 Cayman Islands Email: cbchighermanagement@gov.ky gov.ky/cbc PlanCayman public meeting cayman compass 17 news N news WEEKLY, 7 - 13 JUNE 2024NORMA CONNOLLY AND ANDREL HARRIS The Central Planning Authority has deferred a decision on a planning application to seek legal advice about a 99-residential-lot subdivision on land that has been cleared without prior authorisation. The Cayman Development Group is seeking permission to create the subdivision near the proposed extension of the East- West Arterial. Part of the land on the 33-acre parcel in Frank Sound has already been cleared, and dirt roads have been built. The Planning Department, in comments made to the planning board on the application, stated that its compliance team is in the process of taking action regarding the illegal clearing and road- building. The proposed East-West Arterial extension from Woodland Drive to Frank Sound Road, if approved, would run through the northern portion of the developer’s parcel of land. The road extension is subject to an environmental impact assessment, which is currently under way. Calls to halt application until road EIA completed Both the Department of Environment and the National Roads Authority have advised the planning board to defer the application until after the environmental impact assessment has been completed. In its submission to the planning board on the subdivision application, the Department of Environment, under delegated authority from the National Conservation Council, stated, “We do not support clearing without planning permission. Land clearing should be reserved until the development of individual lots is imminent (through the granting of planning permission for development on those particular lots).” The site is located on the west side of Frank Sound Road, north of Rock Springs Drive. The DoE noted that the proposed alignment of the East- West Arterial extension may change and said, “therefore it may be prudent to hold this application in abeyance pending the outcome of the East-West Arterial route alignment evaluation process”. The National Roads Authority, in its submission, pointed out that there are three alternative routes under consideration for the road extension, each of which would have an impact on the width and alignment of the load intersecting the developer’s parcel. It also advised the Planning Department that the application for the proposed subdivision should be placed on hold until the completion of the road extension’s environmental impact assessment, which it expected to be submitted to government by the end of June. Legal argument Members of the Central Planning Authority, at a meeting on Wednesday, 5 June, heard that sometime between 6 Oct. last year, when the application was submitted, and 9 Nov., approximately 15 acres were cleared by machinery without permission. That clearing has now developed into a point of legal confusion. Attorney Samuel Jackson, representing the developer, said his client was notified that, for clearing the land without permission, they would be required to pay a fine that is 10 times the regular price per acre of $100. According to Cayman Development Group, while a substantial amount of the property had been cleared previously, the land cleared most recently was “not virginal cleared land that was the home to some protected species”. They claim instead that the property had been cleared to make room for a cow pasture decades before they purchased the property. “We paid a fine of $15,000 to the planning department (on 4 June) for the 14.96 acres that were cleared without permission,” said Jackson, who asked that the matter be put aside so they could address the matter at hand – the application for a subdivision. The matter could not progress, however, because the board pointed out that the $15,000 fine that was paid was in relation to the unauthorised clearing, for which they did not have an application before them. Jackson argued that it was impossible to submit an after-the- fact application for a subdivision, given the process set out in law for a subdivision to be established. “For a subdivision to be created, an application must first come before the CPA, at which stage the law prescribes the elements that must be presented. Then, upon approval from the CPA, the applicant submits the plans to the Lands Registry who legally creates the subdivision and issues a corresponding number,” he said. Central Planning Authority chairman Ian Pairaudeau said, “There are two matters here and I do not wish to conflate them. The first matter is that of the unauthorised clearing and the fact that there is no application to deal with that matter. The second is the application for the subdivision.” At the centre of the back and forth was the question as to what constitutes a subdivision. Is a subdivision the assignment by the Lands Registry of boundaries that divide a larger parcel into smaller parcels and, if so, does the subdivision only become applicable following the approval of the CPA/ lands registry? Or will a subdivision still exist if someone goes about dividing a parcel with roads that serve as the primary boundaries of the smaller parcels within the larger plot? According to Jackson, a subdivision is the former of the two. However, members of the CPA contended that there might be merit to the thought of a subdivision also falling under the second definition. In the current case, the developer has already cleared a substantial part of the land and installed a network of dirt roads, which mirror plans for where asphalt roads are to be installed. Nonetheless, Jackson contends that a subdivision has not been formed and, therefore, no after- the-fact application can be legally sought. “The only other way in which a subdivision could be created outside of the first option is where a person who owns a parcel of land then leases it to someone else, and in doing so they would have created a subdivision,” he said. Ultimately, the CPA ruled that the Department of Planning would issue an enforcement notice so the $15,000 fine could be properly allocated. Next, an after-the-fact application for the clearing of the land was to be heard, at which stage members would also consider an application for a subdivision in whichever form it materialises. No date was set for the next meeting. Unauthorised cleared subdivision plan deferred “We paid a fine of $15,000 to the planning department (on 4 June) for the 14.96 acres that were cleared without permission.” Samuel Jackson, attorney representing Cayman Development Group 33 The acreage of the planned subdivision This aerial image shows the cleared land site in Frank Sound. - Photo: Planning document cayman compass news N news WEEKLY, 7 - 13 JUNE 2024 18RESHMA RAGOONATH rragoonath@compassmedia.ky Six cases of highly contagious chickenpox have been confirmed within the local school system, prompting the Public Health Department to host a special vaccination clinic this Saturday to counter its spread. As of Wednesday, six cases, involving five students and one teacher, across two schools, had been reported. The names of the schools involved were not released. In a memorandum from Dr. Samuel Williams Rodriguez, acting medical officer of health, which was circulated to medical professionals on Wednesday, he urged extra vigilance in identifying potential chickenpox cases, especially among school-aged children. “Pay close attention to patients presenting with symptoms such as fever, fatigue, and the characteristic itchy, blister-like rash,” he said. He reminded that chickenpox is a notifiable disease. “It is imperative that any suspected or confirmed cases be reported immediately to the Public Health Department. Use the standard reporting protocol to ensure timely and accurate data collection, which is crucial for managing and controlling the outbreak,” he advised. Williams, in a subsequent media statement on Wednesday night on the cases, said, given the highly contagious nature of chickenpox, “we are undertaking swift and effective action to mitigate the spread and safeguard the health of the school community and the broader public”. Williams, emphasising the need for vigilance and vaccination, said chickenpox is a “common but preventable disease”. He added, “We urge parents and guardians to ensure their children are vaccinated. The upcoming clinic provides an excellent opportunity to get protected.” Contagious nature Chickenpox is caused by the varicella-zoster virus (VZV) and spreads mainly through close contact with someone who has chickenpox, the US Centers for Disease Control and Prevention said. “Symptoms include an itchy, blister-like rash in addition to other symptoms. Chickenpox illness usually lasts about 4 to 7 days. Children usually miss 5 to 6 days of school or childcare due to chickenpox. For most people, getting chickenpox once provides immunity for life. A person can get chickenpox more than once, but it is uncommon,” the CDC said. The Public Health Department says it is working closely with the schools and relevant healthcare providers to manage the situation and prevent further spread of the disease locally. Chief Medical Officer Dr. Nick Gent, in the statement, reassured the public that all necessary measures are being taken “to contain these cases and protect our community”. “Our collaboration with schools and healthcare providers is crucial in this effort. We encourage everyone to follow the preventive guidelines provided,” he added. The CDC states that chickenpox mainly spreads from unvaccinated people with chickenpox to others who have never had the virus. “Up to 90% of people who are not immune and close to someone with chickenpox will also get infected. A person with chickenpox is contagious 1 to 2 days before the rash begins, until all the chickenpox lesions have crusted (scabbed over)”. If a vaccinated person gets the disease, the CDC said, they can still spread it to others. “Vaccinated people who get chickenpox may develop lesions that do not crust. These people are contagious until no new lesions have appeared for 24 hours,” it added. Special clinic The Public Health special vaccination clinic is open to primary and secondary school children who were not immunised with the chickenpox vaccine as infants, as well as any primary and secondary school teachers who are not vaccinated. The clinic will be held Saturday, 8 June, from 9am to 2pm at the Public Health Department, Smith Road Medical Centre. Public Health officials note that subsequent vaccination clinics are being organised. For more information, contact the Public Health Department at 244-2889 or email publichealthdept@hsa.ky. Preventive Measures To help contain the spread of the disease, the Public Health Department is recommending that members of the public ensure their vaccinations are up to date. “The chickenpox vaccine is effective in preventing the disease. The varicella vaccine is 92% effective at preventing all varicella. In the Cayman Islands, the varicella vaccine has been included in the vaccination schedule since 1996,” it said. It has urged residents to monitor for symptoms such as fever, and an itchy, blister-like rash. “Practice good hygiene, including regular handwashing and avoiding close contact with infected individuals,” it added. “We appreciate the community’s cooperation and support in managing this public health concern,” the statement added. Chickenpox symptoms include an itchy, blister-like rash. – Photo: File Six chickenpox cases reported in schools The number of chickenpox cases reported as of 5 June 6 cayman compass news N news WEEKLY, 7 - 13 JUNE 2024 19Next >