(CNS): Deputy Opposition Leader Kenneth Bryan (GTC) has teamed up with government backbench MP Julie Hunter (WBW) to call for a constitutional change to ensure that all ex officio members of Cabinet and parliament meet the same constitutional requirements as political members.
The current attorney general is retiring next year but the post is not exclusively reserved for Caymanians. Bryan has filed a private member’s motion, which has been seconded by Hunter, signalling at least some cross-party support for the idea, though it will require full support from all members.
Constitutional amendments can only be made by parliament when they are not controversial and command political and public support from voters.
But such a change will still require formal constitutional discussions with the United Kingdom government to amend Section 56 of the Cayman Islands Constitution Order 2009, which Bryan said should specify that any person appointed to the office of Attorney General must be Caymanian, as is the case for the deputy governor and for all elected members.
Speaking to CNS about the motion, Bryan said that it was about “constitutional fairness, nation building and long-term succession planning for the country”. He said the position of attorney general was the only exception to the Caymanian-only rule that applies to all elected and executive members of parliament.
“This is not about lowering the legal standards for the attorney general, as the JLSC will still have their independence to ensure that any candidate meets the top tier legal qualification and experience,” he said.
“We have brilliant Caymanian attorneys coming through the ranks with strong careers, and it’s time to show that there is no glass ceiling in our country. The attorney general is the principal legal adviser to our nation, and that role requires deep, lived connections to our people,” he added.
Bryan said he looked forward to full cross-party support on the motion and does not expect any significant pushback from the UK’s FCDO, as it is only fair to make the situation equal, given that they have accepted that the deputy governor’s position should be a Caymanian.
He said he would be disappointed if there was any pushback, but he and his colleagues believe it’s a fair and realistic motion in respect to the growth of governance in the Cayman Islands.
The position has a checkered history. In 2003, David Ballantyne retired following the collapse of the Eurobank money-laundering trial amid allegations of spying and the destruction of evidence.
Samuel Bulgin, who will be retiring next year, was given a lifetime appointment in 2003 just a few months after he received Caymanian status.
See the full PMM below: