Submission from John A. Epp, Complaints Commissioner, Grand Cayman, 15 August 2007

Re: Cayman Islands - Evidence -- Transparency and Accountability - OCC

I reply to your public invitation to submit evidence dated 5 July 2007 concerning Overseas Territories. I address the situation in the Cayman Islands in my role as Complaints Commissioner.

1. The Office of the Complaints Commissioner (OCC) has a role very similar to that of the UK Parliamentary Commissioner and other public sector Ombudsman.

2. The aim of the OCC is to investigate in a fair and independent manner complaints against government to ascertain whether injustice has been caused by improper, unreasonable, or inadequate government administrative conduct, and to ascertain the inequitable or unreasonable nature or operation of any enactment or rule of law.

3. The Cayman Islands (Constitution)(Amendment) Order 1993 amended the Constitution of the Cayman Islands to establish the Office of the Complaints Commissioner. Section 49N states: "(1) Subject to the provisions of this Constitution, a law may make provision for the office, functions, jurisdiction and powers of a Complaints Commissioner." Section 49N continues: "(5) In the exercise of his functions, the Complaints Commissioner shall not be subject to the direction or control of any other person or authority."

4. The OCC was initiated pursuant to the Complaints Commissioner Law, 2003, Law 18 of 2003. The office was fully functional by December 2004. The OCC answers to a committee of the Legislative Assembly (primarily financial oversight) which is chaired by a member of Cabinet, Hon. Alden McLaughlin.

5. Law 27 of 2005 amended the CCL and authorised appointments of staff to be made by Commissioner in keeping with Public Service Management Law 2005.

6. A Revision of the Complaints Commissioner Law was issued in 2006.

Established by the Complaints Commissioner Law (2006 Revision)

7. Regulations for the better operation the OCC were suggested by the Commissioner and approved by Cabinet in 2006. They were to be laid before the Legislative Assembly by the Chairman. Unfortunately this was delayed first due to scheduling conflicts and later due his cycling accident and the period of recovery. The regulations will clarify that the Commissioner is to set the rate of remuneration for technical advisors or mediators that are retained, and gives a framework to make the payment of expenses incurred in aid of investigation.

8. The jurisdiction of the OCC includes almost all government entities. Currently the

OCC is seeking support from MLAs to clarify the list of entities excluded.

9. The investigative powers of the OCC are substantial and they extend to any person who has knowledge of the matters under investigation including Ministers of Government. Currently the OCC is seeking support from MLAs to clarify a few issues such as the power to enter property and the power to cite a person for contempt of court for failing to cooperate in an investigation.

10. Cooperation from government entities generally has been good with some of the resistance arising from ignorance of the role of the OCC or from the past era of closed government.

11. Whilst there have been a few long delays in making public certain reports of the

OCC (through the introduction and tabling the report by the Chairman of the Committee in the Legislative Assembly) the delays can be attributed to a variety of innocent problems. These include, first settling the procedure, and then issues of scheduling, and more recently the absence from the Assembly of the Chairman.

12. I am disappointed by the decision of MLAs not to debate any of the nine reports that have been tabled. The reports are available on www.occ.gov.ky.

13. I have taken an active approach to publicising the role of the OCC in the media, and have often granted interviews to the media on a variety of topics including the recommendations arising from investigations made in the public interest on my own motion. This approach has met with almost no comment from MLAs or senior civil servants.

14. The budget granted to the OCC remains satisfactory.

15. The Commissioner does not report to His Excellency the Governor. A respectful and supportive relationship exists between these officers.

16. On the whole the Commissioner is satisfied with the support of the OCC demonstrated by the Legislative Assembly, Cabinet, and the government.

Sincerely,