In declining the offer of a nomination as Speaker of Parliament from the United People’s Movement, Wayne Panton said, “The Speaker of Parliament is an important and prestigious position” and “a position that requires the holder to remain neutral.” This is a well-informed stance, especially if one views neutrality from the perspective of maintaining the reality and perception of a lack of conflicts of interest. Alternatively, a Speaker would have to ensure that if any conflicts arise, they are adequately disclosed and managed so they do not interfere with the Speaker’s functions. The significance of this can be easily missed or brushed aside, however, it is of utmost importance in an environment with changing expectations of good governance and where independence is a critical factor. This is so much the case that the Cayman Islands Constitutional Commission published detailed “Explanatory Notes” dated October 20, 2021, stressing independence as a critical factor in the discharge of the Speaker’s functions.

The Explanatory Notes said:

As the independent arbiter of the Parliament, the Speaker is therefore expected to act impartially in the exercise of various important functions that are central to the effective operation of a parliamentary democracy, including:

(i) the maintenance of decorum in debates;

(ii) the calling of Members to speak;

(iii) the giving of rulings on points of order and allegations of breaches of privilege;

(iv) the naming and suspending of members for misconduct;

(v) appointing Members to committees;

(vi) accepting or refusing motions on the Order Paper;

(vii) regulating questions in the House; and

(viii) generally acting as servant of the Parliament or its spokesperson.

Concerning this, a perception of a lack of objectivity may arise under existing Constitutional provisions when the Speaker is chosen from a pool of elected MPs. This viewpoint is because the Speaker may have had or currently has close ties with such persons either via the Speaker’s membership in a political group or the Speaker having previously run a joint political campaign with current MPs. In each case, it may give rise to a potential conflict of interest and lead members of the public to perceive the Speaker as being politically loyal to one group of MPs over the other. 

In addition to this concern, the role of the Speaker can become increasingly “politicised,” an issue discussed in the Explanatory Notes published by the Constitutional Commission.

The Explanatory Notes explained:

The Constitutional Commission has long been concerned about the politicisation of the Speaker in the context of the formation of a new administration following a General Election and recent events involving the Speaker have underscored this concern in other circumstances, namely where the Speaker is vital to the sustainability of a government.

Such politicisation could be lessened through voter-supported constitutional amendments, providing that the Speaker must be an unelected person who is not a part of the negotiation process to form the Government.

“Lessened” is the description used here because, in a small community, the chances are high that the person sought out as an outside Speaker will have some form of present or past political ties or familial relationship with elected MPs.

This was also emphasised in the Explanatory Notes of the Constitutional Commission when they said that “the position of the Speaker in a small jurisdiction like the Cayman Islands is not straightforward.”

The Explanatory Notes added, “However, there is still, at the very least, a conventional expectation that the Speaker will nevertheless respect the principles of independence and impartiality.”

Based on a speech on November 23, 2023, the learned Sir Alden McLaughlin, the newly appointed Speaker of Parliament, appears to have understood these principles well.

He said:

The role of Speaker, as I see it, is to preside at meetings of the Parliament, order the business of Parliament, chair the Parliament Management Council, ensure that the rights and privileges of all Members are preserved, protect the interests of the minority in the House, keep order and ensure that proper parliamentary process is followed.

He added:

I wish to make something absolutely clear.

The Speaker belongs to the Parliament.

The Speaker’s allegiance is to the Parliament.

The Speaker’s role requires him or her to be objective and unbiased and presiding in Parliament.

He continued:

I commend the honourable Premier for having the confidence and courage to ask me, a founding member of The Progressives, a former leader of the Progressives and the current chairman of that beloved party.

But I am certain that she has done so, because she knows me and knows that I am deeply conscious of the importance of preserving both the independence and integrity of the office.

I promise you I will conduct the affairs of this high office without fear or favour and without regard to political affiliation.

He concluded:

So, to my colleagues in the opposition, my fellow members and supporters of The Progressives, I assure you I have not left the party, I have simply assumed independent role of Speaker for the same reason I entered politics more than 23 years ago. For love of country.

My first loyalty has always been and always will be for my country, my beloved people, and to you, Premier and your government, you have my faithful assurance that I will do all I can to facilitate your legislative programme and to help you get done important business of the country which needs to be conducted here.

Given the new Speaker’s stated commitment to integrity, all interested persons can expect the Speaker’s role to be discharged with tremendous respect for the principles of independence and impartiality. This expectation is similar to what arose in the past decade when other persons with political party affiliations were appointed Speakers. This is not to suggest, however, that the new Speaker cannot suggest improvements.  That is ones which which he thinks could further strengthen the governance framework.