Deandrea Hamilton
Editor
Turks and Caicos, October 25, 2024 – The Leader of the Opposition is generally in support of the suite of changes to the parts of the TCI Constitution which will impact general elections, constituency boundaries, the parliament, the role of the governor and the size of the cabinet he said, but during debate on the 2024 Draft Constitution Amendment Order, Edwin Astwood shared that he had reservations as well.
“While endorsing the entire package asked of the UK, there are things that I had differed with and during the town hall meetings I had pointed it out,” shared the LOO who stood after Washington Misick, TCI Premier presented the Order for debate on October 17.
There was no objection to the House of Assembly graduating to Parliament status, no issue with the elected government having greater autonomy when it comes to decisions with domestic impact and no objection to the cabinet having up to nine ministers, but on the method of appointing a Cabinet Secretary, which is a new role within the governance structure, Astwood raised his dire concerns.
“Where we differ a lot, not in whether there should be a Cabinet secretary, is the appointment. We see in the Cayman Constitution it says, the Cabinet Secretary shall be appointed by the Governor on the advice of the premier.
Now my thing is, if one premier appoints a cabinet secretary why is it that the next premier cannot appoint a Cabinet Secretary. So that initial Cabinet Secretary, whoever premier appoints that person, they’re going to be in it for the long haul.”
The Turks and Caicos constitutional changes, which are now passed by the House of Assembly establishes a Cabinet Office to be led by a Cabinet Secretary and in the draft document circulated to the general public during the consultation phase, it is not stated how the role would be filled.
“Mr. Speaker, we know in certain democracies, when the government changes, the attorney general changes…. everybody changes and the work goes on. But they make it that in our context, we can’t change anybody. Whoever was there for one government, is to (be there for) the next government, every government… ‘y’all little people down there, you gatta work with whoever we give y’all’ and I don’t like that Mr. Speaker.”
“Who is the Cabinet Secretary really answering to? Is the Cabinet Secretary answering to the premier or is the Cabinet Secretary answering to the governor and deputy governor? Think about it Mr. Speaker. While we may not see any pre-perceived conflicts, there can be conflicts.”
Astwood spend considerable time on the point, explaining his view that the role is sensitive and the inability of each premier to appoint a new Cabinet Secretary could present a problem, due to the potential for personal biases.
“Like how it is with Speaker of the House. The Speaker of the House is really selected or appointed by the premier and his team. Just like the speaker of the House the cabinet secretary should come and go with an elected government. We do it for Speakers. You are under no false pretenses that if you party lose you go… I believe the Cabinet Secretary should be the same way,” explained Astwood.
Astwood warned that the lack of a provision for a newly elected premier to select his own team could prove problematic.
“This is the person who is following up on your agenda. This is so core to the functions of your cabinet and for instance, Mr. Speaker, imagine if you were the premier and you come into office and you realise the cabinet secretary is your ex-girlfriend, somebody who really hates you and wants to see you fail, even though they have all of the qualifications and should be professional … imagine the issues you will have getting your agenda, your government, what the people had selected you to do, to get your work done. That is why I was hoping the Cabinet Secretary could be an appointed position by the premier.”
There were other misgivings articulated by the Opposition leader as well.
“Who is this Cabinet Secretary answering to? While it may not happen in this current situation, that doesn’t mean that it cannot happen. Mr. Speaker I have lived long enough and I have been in the House long enough and in Cabinet to work with two governors who were night and day. One tried to help and in my opinion, the other tried to hinder you.”
Within the official proposal, the Cabinet Secretary, is expected to play a non-partisan role; specifically, the draft document explained: “The Cabinet Secretary would – (a) provide frank and politically neutral advice to the Governor, the Cabinet and the Premier on matters of policy; (b) monitor and coordinate the implementation of policy between departments and ministerial portfolios and across the wider Government sector to ensure that Government policy is developed coherently; (c) provide for administrative and secretarial support for the Cabinet and the Premier in order to facilitate government; high-quality and effective (d) arrange the business for, and keeping the minutes of, the meetings of the Cabinet or any Cabinet committee and conveying the conclusions reached at the meetings to the appropriate person or authority; and (e) such other functions as the Governor, acting.”
Members of the Turks and Caicos House of Assembly passed the 2024 Draft Turks and Caicos Islands Constitution (Amendment) Order on Thursday, October 17.