Dragging its FOIt

It's amazing what you can achieve when you put your mind to it. A reader wrote to me today to point out that in the time it’s taken Bermuda to produce a discussion paper on freedom of information, the Cayman Islands has already started debating some actual draft legislation.

The Commonwealth Human Rights Initiative (CHRI), an international non-government organization concerned with the practical realisation of human rights in the countries of the Commonwealth, is one of the organisations that has reviewed it. Its analysis is being published in full in Cayman's local media. I found its comments about the timescale for implementing the legislation particularly interesting:

Ideally the first implementation phase should be completed immediately, and any other phased not more than 1 year from the date the Act receives the assent of the Governor in Cabinet.

The CHRI’s website explains why rapid implementation is necessary:

A law on access is essential but is not enough; by itself it will do little to change a closed, secret, elitist environment into an open democracy. Lack of political will is perhaps the most serious obstacle to transforming government from closed to open. This most often manifests in delays operationalising access legislation once it is enacted. Delays send mixed signals of government intention and pander to the penchant for secrecy. Often justified on grounds that time is needed to put in place systems to enable efficient information-giving, delays often mask a battle against openness being waged within the bureaucracy. Delays can range between the reasonable, such as in Australia and Canada where laws were operationalised within a year of enactment, and the unreasonable, such as the United Kingdom, which has been heavily criticised for insisting on a five year gap to get its house in order.

Here, the Government has suggested that it could take up to three years to even begin implementation once the legislation has been passed, and that it will take a further two or three years to complete. I'd say that's way outside the CHRI's definition of "reasonable".

The Government isn't just dragging its feet on the implementation side. They haven't even kept to their original schedule for tabling the legislation in the House. While browsing CHRI's site I found a link to this Royal Gazette story from July 2004, in which the Premier said that the PATI legislation would likely be tabled early in the next parliamentary session. It’s now almost two years later, and still we’ve seen nothing.

It'll be interesting to see if the Cayman Islands continue to move more quickly.

Comments

[Full Fullish on 16.05.06 at 22:13]

It's reasons such as this that we (Bermuda) are eventually going to loose out on our IB to the Caymans. No scare tactics, just the truth. While we are still in the lead when it comes to IB, we are stagnating cause things like basic human rights, (Amendments for gays in the Human Rights Bill), racial responsibility and the fredom of information (PATI) bill are just 3 so far that spring to mind. If we keep on the track, and either make it more difficult for IB to operate here, or don't keep up with legislation, places like the Caymans or Ireland (Both chomping at our heels) will take IB away from us, much the same way we took IB away from London and the US.

[Trebliso on 17.05.06 at 07:59]

FF - you may be right - by this time next year 2/3 of my company will have moved to other locations including Cayman and in two years we will all be gone. The sort of legislation outlined above is not a key driver of why we are moving but it does indirectly impact our process.

[Tiger Bay on 17.05.06 at 08:11]

Antigua and Barbuda also dropped in freedom of information laws this past year, including a whistleblowing statute as called for by the Opposition here.

The Bermuda Government needs to get off the pot. We need public input on an actual draft law, not a vague briefing document as we've had so far. We need a timeframe to put this before Parliament and to implement it.

This year is the 40th anniversary of the US freedom of information law. They are a generation ahead of us.

[J Starling on 17.05.06 at 08:21]

The government mounted an aggressive public awareness campaign last year concerning PATI, practically begging for public input, as they did for BIC, but without the public meetings - it was a mail in your thoughts campaign. I understand that they recieved only a one percent reply (or a similar minuscule percentage). The idea of that campaing was to get a sounding of the public interest with which to initiate townhall meetings on the issue. The pathetic response no doubt indicated to them that no-one really cared about it. (I forgot to mail my respnse, so I'm to blame as well). As with all things that no-one cares about, it got put on the back-burner. The government should be commended for going ahead with PATI as much as they are. If you want action on this issue speeded up, start an actual campaign, like the BFR (but constructive criticism only), write letters, pass resolutions in your workers councils (form one if you don't have one) and send them to the MPs. Form neighbourhood associations and other grassroots organisations to discuss the PATI legislation and send the constructive criticisms to the MPs. This model can also be used for all legislation. There is so much talk here about setting up alternate models of democracy, but I don't see anyone really doing anything about it except venting. Do we expect the MPs to hand over power willy-nilly? No, of course not. But we can build the grassroots structures, and create a dula governance system until the MPs must adapt to the changed reality of our democracy - or the grassroots organisations simply act and replace the westminster hypocrisy with a more revolutionary, grassroots democracy.

[Bermudian on 17.05.06 at 08:43]

FF & Trebliso,

I highly doubt that any of those reasons would be good enough reasons why companies would leave Bermuda.

Now you are saying that corporations are interested in human rights? racial responsibility? and freedom of information? And even if they did, they still do not care enough to leave because none of these things affect their $$$.

Trebliso,

I would like to know how would this sort of legislation indirectly impact your moving process? I would be very interested to hear your response.

[Tiger Bay on 17.05.06 at 09:32]

In the corporate world, a 1% reponse to a direct mail campaign is good.

I think part of the reason for the lacklustre response is that the materials were so fuzzy - like a term paper on what FOIA means. We need the ability comment on draft legislation; the real deal.

[sandgrownan on 17.05.06 at 09:50]

Bermudian - put simply I think what Trebliso & FF are saying is that IB and its employess tolerate "Bermudian Bullshit" because the business conditions are favourable.

FF, in particular, is saying that as other jurisdictions catch up with the business conditions, and they will catch up, the retarded way in which Bermuda is governed will become a huge tick in the negative column.

[Shipwrecked on 17.05.06 at 10:10]

My company used to have over 70 people in Bermuda and by the end of the year it will be under 10. While changes to US tax law and things like that have made the move possible, its issues in Bermuda that made the company want to move (among other things).

What worries my company and many like it is uncertainty. The thought of Bermudian independence is scary- when countries go it alone bad things can happen to foreign companies that are domiciled in them. If the government starts putting good standards in place that ensure a stable and accountable political system it lessens the worry over a move to independence. On the other hand, if the government is seen to be resisting these moves, it increases the concerns over independence. When IB sees the government playing games, it’s not thinking about Bermudian’s welfare, it’s thinking about what games it might play with them if Bermuda becomes an independent nation.

IB is not made up of warm and fuzzy companies; in fact, I'd say it's made up of some of the most hard-nosed, bottom-line minded companies in the world. Risk and uncertainty are their boogeymen. A government that is seen as feeding those is going to make them think of moving. Maybe not now, maybe not ever- but your kidding yourself if you think they don't all have contingency plans in place or in the works.

[silencedogood on 17.05.06 at 10:24]

Limey,

In my experience dealing with Cayman I would expect them to be on schedule. They have their issues as well, but are far more responsive and hungry for business than Bermuda is. What's more, they know what the business community wants and are willing to do it. There tends to be less protectionism and a better focus on good government.

FF,

I can't disagree but we aren't there yet. It's still Bermuda's game to lose even if we are doing our best to throw in the towel.

Bermudian,

It's the cumulative effects. Taken in isolation racial incitement by Burch, et al. , xenophobic outbursts generally, independence, the 6-year rule, etc., etc. might not be important to IB. Taken together you have a very different picture.

Who knows where the breaking point is, but do we want to push it even close to that? Chances are the only way to know is to cross the line. By then it's too late.

[Ali on 17.05.06 at 10:41]

J. Starling
Perhaps the electorate have been worn down by 7 years of initiatives that rarely go any further than the front page of the newspaper. The one time that Bermudians really supported a
'move by the people' BFR, it was treated with absolute contempt by the Government, which does not give me much hope that they will pay any attention to submissions on PATI.
Can you explain Westminster hypocrisy?

[Tiger Bay on 17.05.06 at 12:08]

Another of the CHRI's recommendations:

"Best practice requires that a right to information law is comprehensive and overrides all other secrecy provisions in other laws."

The Bermuda consultation had substantial areas that would be exempted from PATI.

[Full Fullish on 17.05.06 at 12:19]

Sangrownan - Exactly! You put that better than I did (Mind you it was early in the morning with little sleep)

Bermudian - You have to look at the big picture mate. Which goes beyond just dollars and cents. Where would you move your family to, some place where the social and political environment is degenerating, or one which was being revived, or growing? Are you aware that there are reinsurance companies out there who do nothing but write insurance or reinsurance based on political risk and stability for any given country/territory? They get most of this information from news sources. Bermuda obviously hits the news due to the high amount of IB here. How do you think all of this is affecting our ratings? Don't you think that new companies look at these ratings, etc?

[Sleepy on 17.05.06 at 13:08]

Very clever title for this Mr. Wells.

[jake on 17.05.06 at 13:19]

No one that makes decisions in IB cares what Burch calls UBP members or about PATI, Human Rights or racial responsibility.

That should not be the yardstick of why we care though. All of those items matter to us because this is our country.

Suggesting that IB cares about these issues weakens valid arguments for why we need a more responsive (PLP) team at the helm.

Cayman has a long way to go to replicate Bermuda, and we have not given up just yet friends.

[Martin on 17.05.06 at 13:27]

J Starling

Cherry picking I might be...but I find it strange that you suggest that the PLP put issues that the people do not care about "on the back burner".

By definition...does that mean that issues the electorate do care about go on the front burner?

Mmmmm - don't think so.

I have a nightmare that one day we will all wake up and find we are no longer at the forefront of international business.

[SmokingGun on 17.05.06 at 13:44]

"They have their issues as well, but are far more responsive and hungry for business than Bermuda is." - silencedogood

Bermuda has had it so easy for so long that we simply expect too much and take too much for granted. The gravy train is pulling out of the station.

"No one that makes decisions in IB cares what Burch calls UBP members or about PATI, Human Rights or racial responsibility." - Jake

Jake- are you kidding? They may not discuss it 9-5 but when they get home you can be guaranteed their spouse has something to say. Especially if they have kids in local schools.

[silencedogood on 17.05.06 at 14:18]

Jake,

I'll be brief since Smoking Gun really got to the point--IB's bottom line doesn't depend on these issues, but a business can't function unless they have access to human capital.

If expats living in Bermuda are subject to racism and human rights abuses or simply believe those abuses are rampant, despite not being personally affected, you had better believe the number of senior executives willing to come here is going to dry up fast.

Those issues also relate to political stability. All other things equal or nearly equal, if you have choice.bm with all this baggage and choice.ky without, you will choose choice.ky.

[sandgrownan on 17.05.06 at 14:32]

Smoking & Silence - the sound of hitting the nail on the head is loud and clear.

[sandgrownan on 17.05.06 at 14:58]

I think perhaps the problem is the "head up your own ass" attitude of Bermuda. Adding to a previous post, I suspect many Bermudians don't realise that there is a concept of "Bermudian Bullshit." It's an arrogance that's been bred out of thirty years of unprecedented growth and wealth.

And, sadly, it's leading to a we can do no wrong, IB will never leave, attitude. I am genuinely worried about Bermuda's future.

[Pitts Bay on 17.05.06 at 15:03]

10 years ago Bermuda was the offshore hedge fund jurisdiction of the world. We got complacent that thought that no one could challange us.

Cayman figured that they could challange us, and did, and won - the reason they won is because they were pro-active in their legislative change - the government listened to what needed to be done and implemented it.

Needless to say, the UBP were in power when this all started to happen, but the PLP are continuing with it, and in some ways even worse.

[Sleepy on 17.05.06 at 15:22]

"No one that makes decisions in IB cares what Burch calls UBP members or about PATI, Human Rights or racial responsibility."

I don't know if you work in the sector Jake (I think you may), but I do, and that statement is wrong. It may not be in the realm of acting on their concerns, but they certainly do notice and care about the manner in which our politicans behave and the integrity of our political system.

Lest we forget that these decision makers and their families live in this community as well, and are party to the same racially hostile, xenophobic taunts that are targeted at the UBP, expats, whites or Burch's enemy du jour. As Government through the BMA becomes a more active regulator of international business they watch closely things like PATI and legislation that affects the workplace.

"That should not be the yardstick of why we care though. All of those items matter to us because this is our country."

Completely agree on that point.

[SmokingGun on 17.05.06 at 15:37]

In the good old days you could drive/walk to work and people would offer up a little dignified respect of each other through a smile or general aknowledgement. I'm not saying we need a Johnny Barnes on every street corner but it's getting difficult to even buy a smile these days. People just seem to have a distrusting crappy attitude about everything.

I sincerely think we have a situation building based on stress from all the negativity being portrayed between the races, the huge costs of living and a general fear that we have no real answers as to how we can sustain a decent quality of life. Sometimes it seems we cannot get out of our own way and people do take notice especially when productivity suffers and alternatives arise.

Is this what success begets us?

[Amin Swan on 17.05.06 at 15:52]

For those who think that the Cayman Islands and her native people are all gung hoe about what's happening on their Islands (As it relates to Intl Bus.) you are sadly mistaken - their country is at the begining stages of hostility towards what they see as selling out their Island for the sake of the Almighty $$$, they are also at the point where the foreign population is close to exceeding that of their native pop. and they are not happy about that...Their population is expected to exceed BERMUDA'S in about 15-20yrs with mostly foreigners - it'll be interesting to see how their Government handles that! Does Sustainable Development come to anyones mind.

[sandgrownan on 17.05.06 at 16:01]

Damn those pesky foreigners.

[SmokingGun on 17.05.06 at 16:05]

Amin - to a degree you are correct. However it seems their government is being very pro-active about making sure their laws are enacted sooner rather than later to address the issues that are arising. They also have the luxury of having roughly five times the land mass that we do to help accomodate their growth.

[Amin Swan on 17.05.06 at 16:08]

Sandgrownan - there you go. I was waiting on your response an sure enough, as though I'm blaming Foreigners. My point was that there has to be a limit, especially on a 21 sq mile rock. The Cayman Island may be an attractive place to bring business, but their cross roads are coming at them VERY fast.

[sandgrownan on 17.05.06 at 16:11]

Amin - apologies..couldn't help myself! I do think you have a valid point. Sustainable development is a critical issue (perhaps THE critical issue) in any country with limited land mass and resources, but you still need a viable economy, a viable way of feeding the population.

In Bermuda, it may become a moot point if we manage to bugger it up by killing the goose that is currently laying golden eggs.

[Amin Swan on 17.05.06 at 16:12]

Smoking Gun - you are right that the Cayman Islands are 5x's bigger than us but the main Island GC is about the same size as Bermuda and this is where their IB is focused. I mean to expand IB to Little Cayman amounts to putting Ace or XL on Nonsuch Island.

[Amin Swan on 17.05.06 at 16:15]

Sangrownan - wow you agree with me? that's twice in a week, one more agreement maybe we can do lunch? Why oh Why can't society work like that :)

[sandgrownan on 17.05.06 at 16:16]

I know, worrying isn't it!? Last week I was even skippng hand in hand down Horseshoe Bay with Guilden!

[AMin Swan on 17.05.06 at 16:23]

LOL - skipping on HorseShoe why wasn't I invited.

[silencedogood on 17.05.06 at 16:25]

Amin,

I don't see this being a problem in Cayman for quite some time. Any time I have been the level of resentment against foriegners has been far less than here.

Their government has a work permit limit, but its handled in a much more transparent manner and is generally percieved as a fair process rather than a punitive one (like Bermuda's).

The way it was explained to me was that after 6 years most foriegners are not elligible for long term residency. Exemptions are carved out for business people (i.e. not those in low positions or service industries). Those who apply have an automatic year while awaiting their approval or denial. If denied they have another year automatically to appeal. If that fails they get one more year to plan their exit. This sounds like a far cry from some of the horror stories I have heard in Bermuda.

The local population always seemed, and this is my impression, to be far more mixed racially than in bermuda. I'm sure that helps.

Plus, it is huge! (well relatively) There are about 20,000 people but the island is far larger than here (I believe GC is 125 sq km). To drive, with no traffic, from Georgetown to Boddentown on the east end of Grand Cayman takes at least 45 minutes if not longer. Most of that land is undeveloped and even if it were, you still have Brac and little cayman to go to.

As a consequence housing is still affordable and rents relatively low.

I think the fact Cayman has been historically very poor relative to Bermuda, which has had seemingly one industry after another through the ages, also contributes to this can do attitude and general acceptance of the foriegn presence which automatically comes with commerce.

Tourism does pretty well there too. The last time I was there the Ritz was being built. It's up now and appears to be doing quite well despite the entire length of 7 mile beach being stacked with competitors. The only thing it lacks is the natural beauty that Bermuda has. It looks like a south florida suburb complete with burger king (but hey, I eat there and am damn happy to do so). It makes up for any negative suburban comparisons in other ways, like customer service. You don't get the third degree going through customs either.

In short, I wouldn't count on them dropping the ball if I were you. Bermuda needs to get it together or its going to get its clock cleaned.

[SmokingGun on 17.05.06 at 16:33]

Amin - you might want to check a map. GC is about 75 sq. miles to our 21. Or 21.01 if you include Nonsuch. ;-)

[ken on 17.05.06 at 16:35]

I really believe that some of you guys want IB to leave so that you can blame the current government. You talk as if its a foregone conclusion that they are all going to leave. They were gonna leave when the PLP won, they were gonna leave when the PLP won a 2nd time, they will leave if we go independent, they will leave because of work permit issues. What about the reasons they stay? Proximity, relative safety, climate, standard of living. I am not going to deny that some companies may be entertaining other options, but in life things travel in circles. I am in international business and I haven't heard of this mass exodus that many of you fear occurring anytime soon. We however have totally sold our souls for the almighty dollar and it saddens me. There are many opportunities for Bermudians, but we have demeaned our own people and the industries that got us here (tourism, hotels, teaching,etc) and made our kids focus on business as if those other careers were not as prestigious. If IB leaves yes our standard of living may decrease, but the standard of our souls might be a bit better. We are so corrupted by the almight dollar that we cannot even think straight.

[SmokingGun on 17.05.06 at 16:50]

Ken - it is only in the best interest of Bermuda as a whole to be pragmatic and consider all the possibilities of what lies before us. I wouldn't put the blame on the PLP for getting us to where we are today, as you say there are a lot of other reasons for that. However they are the one's holding the keys today. We should do exactly what others such as the Cayman's are doing - be pro-active and enact the laws that will help us better control the bitter tempation that corruption and resentment can lead us to. Transparency and accountability to each other will be very helpful in guiding us and creating peace of mind.

[sandgrownan on 17.05.06 at 16:50]

Tempting as saying "I told you so" might be, I'd much prefer not to say it Ken. I don't think you'll see a mass exodus, just as trickle as it becomes more comfortable to be somewhere else.

The head in the sand attitude you exhibit is plain wrong, I'm sorry, but this government needs to get it's act together and stop behaving like a bunch of children.

[silencedogood on 17.05.06 at 16:53]

Ken,

No disrespect, but have you ever heard of planning for the future?

I don't think anyone is ringing the alarm bell just yet, but would you not agree its wise to know what we are competing against?

I would not expect decision makers to lay their cards on the table ever unless it benefited them. I also don't think money has anything at all to do with the purity of one's soul.

[silencedogood on 17.05.06 at 16:55]

P.S. But Ken, if you need to make penance for anything I would be more than happy to help. Let me know and I will give you my bank information so you can make a deposit! ;)

[Full Fullish on 17.05.06 at 17:22]

Ken - "I really believe that some of you guys want IB to leave so that you can blame the current government"

Ken don't be ridiculous! I don't think anyone here wants IB to leave, but rather want to ensure that they stay. As they are our only realy income, obviously any new rules or policies (or in this case, lack therof) are scrutinized to make sure that all of our bread is buttered.

"If IB leaves yes our standard of living may decrease, but the standard of our souls might be a bit better. We are so corrupted by the almight dollar that we cannot even think straight. "

Now it sounds as though you want IB to leave. While I do agree that some people of influence do what they can to keep the money in their own circles, IB also provides money for most of the Island, from rent for their employees, to services needed and rendered for their business. This helps out the overall economy through the trickle effect. Not everyone is corrupt, and I think that if they were to leave we would all suffer for it, souls included.

[SmokingGun on 17.05.06 at 17:35]

"While I do agree that some people of influence do what they can to keep the money in their own circles," - Full Fullish

That's been going on well before IB showed up. IB's helped raise a lot of "other" boats as it's changed the tide.

[chapa on 17.05.06 at 18:49]

What worries me is that the economy is like a runaway train. It has grown at an incredible rate, but seems to be out of control. Unless Bermuda is properly managed, we are looking at a train wreck about to happen.

Those in power at the moment do not inspire any confidence, as the perception amongst many is that they are incompetent, incapable or corrupt.

Legislation needs to be enacted as soon as possible in order that all Government Ministers, Officials, Civil Servants etc. are seen to be acting in as efficient and as honest a manner as possible. It is the best and easiest way for them to protect themselves from spurious attacks and I cannot understand why anyone in Government would not want this legislation enacted immediately.

[Zoom on 17.05.06 at 21:19]

"I really believe that some of you guys want IB to leave so that you can blame the current government"

Ken many of us worked to build businesses around IB that are being put at risk by this group of amateurs masquerading as leadership.

Draft FOIA legislation should be brought forward ASAP. Our government has grown so much that it behaves like a power unto itself. It needs to be reminded that it acts on the people's behalf.

[J Starling on 18.05.06 at 21:35]

Martin, no government can continue to govern in the face of organized opposition and mobilization of the people. When a government ceases to serve the people, and consistently ignores their wishes, the people are entitled to organize against and replace it by any means necessary. The 1981 general strike showed this. Even the BFR group showed this, forcing the government to back down from its general election only stance, even if the language of this climb down partially obscured its fact. The more people demonstrate their support or opposition to this or that government initiative, the more the government must adapt to this reaction. The key is the level of organized support/opposition, the level of political challenge, and the clarity of the peoples message.

[J Starling on 18.05.06 at 21:44]

Ali, I have replied to your request to explain the term 'Westminster hypocrisy' on the thread "Democratic Reform - Poll Results" - here.