Future legal advisers to the government and governor should be Caymanian, Deputy Opposition Leader Kenneth Bryan has said.
Bryan, of the People’s Progressive Movement, has tabled a motion in Parliament seeking a constitutional amendment that would require future attorneys general, who sit in Parliament and in Cabinet, to have the same eligibility requirements as MPs and deputy governors.
Bryan said, “It’s pretty straightforward – any country would want their own national in such a prominent role.”
He explained that the attorney general advised the governor and Parliament on legal matters and the job carried a lot of weight.
Bryan said, “Anybody who is in that role will have huge power to steer the country in any direction.”
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He added that the holder should have “soft tissue connectivity” with the country and its people and should be plugged in to the national identity.
Bryan added, “I shouldn’t have to do this. There should have been a clear succession plan, but I don’t see any reason why it shouldn’t be a Caymanian at this point.”
Prospective MPs are required to have Caymanian status, be resident in the country at the time of their nomination and be aged at least 21.
They also have to have been born in Cayman or spent specific periods of time resident in the country before nomination to be accepted as candidates.
The Cayman Islands Constitution Order (2009) also stipulates that deputy governors must be Caymanian and have held a senior position in the public service and still be eligible to hold public office.
The motion, which has cross-party support, was drawn up after it was announced at the start of September that Attorney General Samuel Bulgin, who has been attorney general since 2003, would retire in August next year.
Bryan said that it had been agreed several years ago that changes to the Cayman Constitution that are considered minor do not require a referendum but could be made on agreed recommendations of the government and opposition to the UK’s Privy Council.
He added, “This is supported by the government and the opposition and there is every reason to believe that it will be successful in Parliament.”
Bryan said that should send “a signal to those in the process to say this is going to be the will of the Parliament.”
The appointment is made by the governor, who receives recommendations from the Judicial and Legal Services Commission.
Bryan said a failure to take note of the move would “be seen as a terrible message to the Caymanian people which would potentially impact our relationship with the UK.”
He highlighted that, when the present eligibility rules were drawn up, Cayman had very few lawyers, but as the country had grown and become the home to international businesses that was no longer the case.
Bryan said a failure to appoint a Caymanian might also promote the feeling that “our people aren’t good enough” to fill the job.
He added, “What we are trying to do is ensure they choose from the Caymanians available.”
Bryan emphasised that the desire to promote a Caymanian should not be interpreted as criticism of Bulgin, who has Caymanian status, or any other previous holder of the office.
He said Bulgin had contributed greatly to the development and growth of Cayman and “should be recognised for that.”
The motion, backed by coalition government MP for West Bay West Julie Hunter, will be added to the order paper for the next session of Parliament, scheduled for November.