BRITISH OVERSEAS TERRITORIES: Trouble in paradise
The Turks & Caicos Islands (TCI) have returned to self-government after three years of direct rule from the United Kingdom, but only after a messy general election that is still being challenged. In the meantime, another British Overseas Territory, the Cayman Islands, has been threatened with direct rule and has had to backtrack fast in a dispute with the mother country over good governance.
The Progressive National Party (PNP) looked to have been returned to power in the 9 November TCI general election. The suspension of home rule three years earlier had followed the completion of the Sir Robin Auld Commission of Inquiry, which found that there was “a high probability of systemic corruption in government and the legislature and among public officers in the Turks and Caicos Islands in recent years”. In the 2007 general election, the PNP easily beat the Progressive Democratic Movement (PDM) to win by 13 seats to 2. The 9 November contest was much closer, with the initial count giving the PNP a victory by 8-7.
Five of the 15 seats are decided by “At Large Votes”, with 10 being contested in traditional constituencies. The “At Large Votes” had to be recounted on the insistence of PDM leader Oswald Kippings. But when that failed to alter the results, a challenge was mounted by the PDM candidate Oral Isaac Selver in Electoral District Number 7, on the grounds that third-party candidate Edward Smith of the Peoples Progressive Party (PPP) had failed to declare his US citizenship. Smith had garnered just 58 votes, but these were important in a contest that was won by the PNP’s Amanda Missick by only 30 votes.
Attorney-General Huw Shepheard has agreed that a failure to declare US citizenship by one of the candidates could lead to the declaration of the election in that district as void and the holding of a by-election. However, he added: “The legal position is that a member of the House of Assembly continues to be a member until the petition has been heard and determined. The government therefore continues on its existing basis. If the petition is successful, the member will cease to be a member of the House of Assembly and there will be a by-election.”
A further challenge has been launched in Electoral District Number 4 by the PDM candidate, Ashwood Leon Forbes, alleging that the election supervisor failed to remove disqualified voters from the electoral register and to register some who were qualified. Allegations being bandied about include intentional malpractice. Local media have quoted “a former police officer” as saying: “There has been an all out move to control the results of this district’s elections.”
The challenges have brought reminders of the 2003 election which was initially won by the PDM by 7-6 in a 13-seat contest only for the result to be reversed by the PDM’s loss of two sets in by-elections. However, despite the possibility that the election result could be reversed, there is pressure on UDM leader Oswald Skippings to resign, having only taken over as party leader in June.
Skippings’ position is greatly weakened by his own failure to secure one of the seats allocated on the basis of “at large” votes. The fact that he then blamed the UDM for his personal failure has not endeared him to the party faithful. The feeling is that the UDM should have performed much better against a party that was ousted from power by the UK for mismanagement and corruption.
One of the issues on which the PNP campaigned was the cancellation of the introduction of value added tax (VAT), which is due on 1 April 2013. Simmonds confirmed to the UK parliament on 15 November that the introduction of VAT was “a decision for the Turks and Caicos Islands government”.
At the same time as TCI was making its rather wobbly return to home rule, another British Overseas Territory, the Cayman Islands (CI), was facing the threat of direct rule from the UK over governance issues. The row was over the so-called Framework for Fiscal Responsibility (FFR) that had been agreed between the UK government and the CI government led by Prime Minister McKeeva Bush but which Bush was proposing to present to the CI parliament in modified form.
In a spectacularly undiplomatic public exchange, the UK minister with responsibility for the CI, Mark Simmonds, wrote to Bush saying: “To transpose a version of the FFR which does not accord with that which you signed is not acceptable”. He said that should Bush continue with his proposed course of action, the UK government would have “no choice but to conclude that you are disregarding good governance and continue to be in breach of a series of commitments you have made”. The minister then warned that a “continued breach” of commitments to good governance would leave the UK with “no alternative but to give detailed consideration to alternatives”. This was widely – and no doubt correctly – interpreted as meaning that if Bush was not careful the Cayman Islands would suffer the same fate as the Turks and Caicos Islands.
In the event Bush capitulated, but the collateral damage included the sidelining of a deal between the CI and the China Harbour Engineering Company (CHEC) for a new cruise-ship terminal in Grand Cayman because of UK concerns that proper procedures had not been followed.
CHEC, while being careful to recognize the UK’s right “to require a specific type of process”, let it be known that it felt hard done by. The regional director, Zhongdong Tang, argued that CHEC’s involvement followed the failure of a previous tender process and that it was perfectly normal for direct negotiations to follow such a failure. Furthermore, he said, CHEC had spent a large sum of money on evaluation, design, and other preliminary matters and had handed over a lot of propriety data to the CI’s negotiating team which, he insisted, must not be made available to any future successful bidder on the project. Tang also warned that delays brought about by the termination of the negotiations would inevitably lead to extra costs for the CI.
In what has not been an easy month for the Bush government, forecast growth for this year has been revised down by the Economics and Statistics Office (ESO), in its Semi-annual Economic Report, from 1.8% to 0.8%. According to the ESO: “This downward revision of the country’s economic growth is due to lower-than-expected growth in air arrivals, continued lacklustre financial services indicators, slower than anticipated implementation of public-private partnership construction projects, and contraction of government expenditure coupled with higher fees.”
However, lower growth also means lower inflation, and the forecast has been revised down to 1.7% from 2.1%. Unemployment is forecast to reach 6.3%, marginally up from the earlier forecast of 6.2%.
There was rather better news in late October when Cayman Islands was voted, for the fourth year in a row, the top Specialized Finance Centre in The Banker magazine’s 2012 survey. The CI comfortably beat Guernsey, by a score of 42.59 to 34.48, and Cyprus in third place on 34.42. The CI’s dominance was attributed to a combination of “nimbleness” with “a solid regulatory framework”.
- “Attorney-General Huw Shepheard has agreed that a failure to declare US citizenship by one of the candidates could lead to the declaration of the election in that district as void and the holding of a by-election. However, he added: “The legal position is that a member of the House of Assembly continues to be a member until the petition has been heard and determined. The government therefore continues on its existing basis. If the petition is successful, the member will cease to be a member of the House of Assembly and there will be a by-election.”
- There was rather better news in late October when Cayman Islands was voted, for the fourth year in a row, the top Specialized Finance Centre in The Banker magazine’s 2012 survey. The CI comfortably beat Guernsey, by a score of 42.59 to 34.48, and Cyprus in third place on 34.42. The CI’s dominance was attributed to a combination of “nimbleness” with “a solid regulatory framework”.”


