(CNS): The Law Reform Commission is engaging in a wide-ranging review of the proposal for a Cayman Islands national lottery, following the results of the referendum in April last year, when just over 51% of the electorate voted in favour of one. Premier André Ebanks has said the review must consider whether a lottery could be accommodated within the existing legislative framework.
It should also consider the appropriate regulatory and operator model, governance and oversight, responsible-gambling safeguards, economic and fiscal considerations, anti-money laundering and counter-terrorist financing requirements, technology and security, procurement, transparency, data protection and the treatment of lottery proceeds.
The premier indicated that the LRC still has much work to do, but nevertheless implied that both a lottery and ganja decriminalisation could be in place before the next election in 2029. Speaking in parliament on 2 October, he said the LRC was examining and comparing lotteries in 13 jurisdictions around the world, from Canada to Singapore.
Answering a question from Deputy Opposition Leader Kenneth Bryan, who had spearheaded the campaign to hold the referendum, the premier said the LRC anticipates launching an initial eight-week public consultation on a discussion paper in the first quarter of next year.
“The purpose of the comparative exercise is to assess which approaches may be suitable for our legal, social, economic and regulatory circumstances,” the premier said.
The LRC has also developed a framework to receive input from relevant government ministries and agencies, financial and law enforcement bodies, health and social-service providers, civil-society organisations, professional and business associations, retailers, prospective operators and international regulatory and industry bodies.
“These stakeholders have diverse areas of expertise that will help ensure that any recommendations ultimately made to government are properly informed and supported by appropriate evidence,” Ebanks said, adding that given the amount of work going on and “the complexity of the project” the timelines have changed.
Between now and the end of the year, the work will continue to shape a draft discussion paper covering the legislative and oversight models, harm minimisation, anti-money laundering and countering terrorist financing, economic issues, technology and
security, transparency, and procurement before the initial eight-week public consultation.
Then the commission will analyse the submissions and refine the policy options and recommendations, before pulling together a final report, together with a draft National Lottery Bill, which will be submitted to caucus and then Cabinet by the end of May.
The premier told parliament that the “intricacy of the subject” required a thorough review to provide government with sound, evidence-based information on which to make the decision.
However, the decriminalisation of ganja was expected to be far less complex, and the pace at which that legislation is being developed means the NCFC missed the opportunity for a quick win. More than 55% of the electorate voted in favour of reforming some of the strictest laws in the world, given that consumption remains a crime.
Decriminalisation would remove that important prohibition and ensure that people caught with small amounts for personal use would face an administrative penalty for the possession and avoid a criminal record. But there are some who are pushing to go further, and the discussion paper includes arguments to do that.
At this point, the LRC is working on the draft final report, determining the recommendations and any supporting legislation before submitting the final report to the caucus and Cabinet before the end of the year. Ebanks said this work involves collating and analysing the 33 consultation submissions, refining policy options and formulating recommendations for supporting legislation.
It is still not clear when a bill to fulfil the democratic decisions of the public on either subject will make it to the floor of the House.
See the Q&A in full here.