Amendment To Cayman Islands Constitution Botched By FCO Clerical Error

by Amanda Banks, Tax-News.com, London

27 August 2004

It has emerged that a clerical error occurring at the UK Foreign and Commonwealth Office (FCO) has resulted in an omission from the amendment to the Cayman Islands 1972 Constitution approved by the Privy Council in July.

According to a statement by the Cayman Islands government, the amendment that has been passed has achieved one aspect of the original intent - that eligible persons holding both British Overseas Territories Citizenship and British Citizenship (by virtue of the British Overseas Territories Act 2002) are not disqualified from standing for election. However, the statement added that the error has created another unintended consequence that will require the Privy Council to make another amendment to the Constitution.

The Cabinet Secretary, Orrett Connor, has explained that the error was caused by the omission of the qualifying words “by virtue of the British Overseas Territories Act 2002” to define “British Citizenship,” resulting in the potential for any British citizen (who is qualified in all other respects) to be nominated. He added that this situation has arisen from a legal technicality, stressing it is entirely contrary to the intent and spirit of the Cayman Islands Constitution.

The FCO will submit a new amendment, subject to the approval of the Cayman Government, to correct the position, although this will not be done in time for November’s election.

“I deeply regret the error that has been caused by the Foreign and Commonwealth Office in creating a situation that we cannot correct before the November elections,” stated Leader of Government Business McKeeva Bush.

“I am confident, however, that Caymanians will take this in their stride and will rise above what is basically nothing more than a technicality and that the spirit and intent of the Cayman Islands Constitution will be upheld,” he added.

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