FOI

(CNS):  A UK expert who reviewed the Cayman Islands Public Management and Finance Law (PMFL) has pointed to the lack of consolidated government accounts as its biggest failing and urged government to rectify this problem with the closure of this year’s accounts as soon as possible. A report by Keith Luck, the former director general finance at the FCO, was released by the Governor’s Office on Friday following an FOI request by CNS and reveals further details of the failure of the Cayman government to account for its spending. Luck pointed to poor understanding and leadership and said the people of Cayman “are without their key controls” because of the failures, and recommended a radical simplification of the system.

(CNS): Three public meetings hosted by the premier and the UDP MLAs billed as updates on the port and projects but which many described as political rallies cost the public purse close to $22,000. A breakdown released by the ministry following an FOI request shows that the meetings which took place in George Town, East End and Bodden Town were funded by the public purse and not the UDP. Although the meetings were advertised as an opportunity for the public to hear the latest on government’s proposed projects, the meetings focused heavily on government’s critics and opponents. Very little new information was revealed about the plans for the George Town cruise port or the other major projects at any of the gatherings.

(CNS): Correspondence between government and the developer of the Ritz-Carlton, Grand Cayman shows that Michael Ryan, the owner of various companies related to the Ritz development and the proposed Dragon Bay development, wanted to tie his repayment of duty on the hotel to future plans for that project. The results of an FOI requests made by CNS reveal that, despite government’s efforts to collect the money owed to the public purse, the developer was trying to leverage the debt to gain further concessions on Dragon Bay, as well as other issues regarding what he called the “viability” of the continued project.

(CNS): With an increase in freedom of information requests of some 14%, the information commissioner is keeping busy, despite staff shortages. Between 1 July and 30 September 2011, 114 FOI requests were logged by public authorities. However, in her latest quarterly report Jennifer Dilbert revealed that 17 public authorities failed to submit their compliance reports before the deadline. The information commissioner says that between 1 October and 31 December last year the office opened five new appeal files, held four hearings, completed two investigations as well as starting one new one, and ordered the release of dozens of documents.

(CNS): The documents that had been at the centre of a controversial freedom of information request, which almost turned into a court room drama, have finally been released by the Port Athority. The public authority informed CNS on Friday afternoon that the documents that were the subject of the information commissioner’s December hearing were all now in the public domain. In a release defending its right to take a “cautious and considered” approach to the disclosure of “commercially sensitive, confidential or legally privileged information”, the port said it was committed to transparency.

(CNS): Updated with Port Authority statement -- In order to avoid a long legal battle in the local courts the information commissioner has withdrawn her recent letter to the chief justice certifying the non-compliance of the Port Authority in connection with her latest ruling. After taking legal advice about the documents, which the port authority is reluctant to release to new applicants without going through the process, Jennifer Dilbert said it will be quicker for CNS and other applicants to pursue a normal application process to get the information rather than fighting a protracted courtroom battle.

(CNS): The failure of the Cayman Islands Port Authority to release documents to CNS as ordered is in contempt of court, the information commissioner believes and she has now written to the chief justice. In her 19th decision, published on 13 December, regarding an application for documents relating to the GLF cruise port negotiations Jennifer Dilbert ordered records be released by 27 January. Although the original applicant withdrew their request, CNS submitted a request for the same documents on 29 January, and as they were already subject to her decision, Dilbert directed the authority to immediately release the documents. However, the port has failed to do so.

(CNS): During efforts to sell the Government Office Accommodation Building in 2010, the Central Tenders Committee refused to act outside of the law following a request by the premier to enter into a deal with a Texas based firm. According to leaked letters between the premier and the committee as well as the release of minutes from a CTC meeting, at least three firms were in the running to buy government’s new office block. Expressions of interest, which were opened on 26 February 2010, revealed that McAlpine and local property brokers IRG in conjunction with Banque Havilland had responded to government’s offer to sell. But a week before the deadline the premier had asked the CTC to dispose of the process and agree to selling the building to an affiliate of Cohen and Co.

(CNS): The information commissioner will not be pursuing any court action in connection with the Port Authority’s failure to release documents relating to negotiations between it, the Cayman Islands Government and the developer, GLF Construction, relating to the cruise berthing project. Jennifer Dilbert stated Friday that although the authority had failed to comply with an order she had issued on 13 December under the Freedom of Information law, the applicant had advised the commissioner they no longer required the relevant record and therefore she would not be certifying to the Grand Court the failure of the public authority to follow the law.

(CNS): As the campaign against the government’s decision to enter into agreement with the Dart Group to relocate the landfill to Bodden Town gathers pace, an FOI request made by CNS confirms that the developer’s original bid for the project scored the lowest number of points during the tendering process. The firm that the committee recommend the ministry award the waste management contract to – Wheelabrator -- scored 81 points for its submission, compared to the bid submitted by Malcolm Point, backed by Dart, that scored only 36 points. In a memo to the Central Tenders Committee, the chair of the technical committee said that concerns had been raised about that particular bid because of the proposed relocation to an environmentally sensitive area. (Photo Kerry Horek)

(CNS): Claims made by the environment minister, Mark Scotland, that relocating the landfill to Bodden Town would not impact traffic in the district do not appear to be based on research or proper analysis. A freedom of information request made to the NRA by local activists campaigning against the move has revealed that no reports, studies or assessments of traffic levels were the dump to be moved have been undertaken. The Coalition to Keep Bodden Town Dump Free said it has also submitted an FOI request to the public works ministry but  that also revealed that there were no reports, studies, or research that could justify the move. As a result, the coalition said it questions the minister’s assertions about the limited impact on their district.

(CNS): The genetically modified mosquitoes released in the Cayman Islands over a year ago as part of a research study on the eradication of dengue fever by the UK-based company Oxitec could have reproduced and mixed in with the local population. According to a redacted document released to GeneWatch UK following a freedom of information request in Britain, the genetically modified pests, which the manufacturer described as sterile, did produce offspring around 15 percent of which survived. During the study the GM mozzies were fed cat food containing chicken contaminated with low levels of tetracycline, which allowed the mosquitoes to reproduce with their offspring surviving to adulthood.

(CNS): A coastal works application made by a Dart owned company to dredge two canals inland at Vista Norte in the West Bay area will have an irreversible adverse impact on the marine environment in the North Sound, government conservation experts have warned. According to a memo sent by the Department of the Environment to the ministry regarding the application, the two canals will destroy over 138,000sq.ft of sea grass and remove over 161,000 cubic yards of material. The work’s application by Crymble Land Holdings for the proposed canals -- one 2,135 feet in length and the second more than 1,500 feet -- are to serve a proposed canal-based hotel and tourism development and take almost three years to dredge.

(CNS): An updated version of government information which is generally available to the public has been published this week in the Government Gazette. The 700 plus page document is part of the obligation under the Freedom of Information Law of all public authorities to maintain a publication scheme. The document is supposed to make information readily available to the public to prevent the need for written freedom of information requests and to encourage public authorities to proactively publish information and develop a culture of openness.

(CNS): In the 18 months before the RCIPS arrested a board member, directors of the National Housing Development Trust had met around 92 times racking up an expenses bill of $131,200. Despite a number of resignations in 2010 and more in 2011 the board’s expenses continued to grow throughout 2011 as the fees for the chairman and deputy chairman increased a freedom of information request has revealed. In total the chairs earned almost $60,000 between them for the frequent meetings in which decisions on the contracts, tenders and other issues relating to three of the government’s affordable housing scheme sites were made.