BT Coalition insists Dart deal is “incompatible with FFR, good governance, protection of the environment”; warns UK of “a new Turks & Caicos”

Leaders of the Coalition to Keep BT Dump Free find “very disturbing” Governor Duncan Taylor’s comment about the FCIA agreement and the Dart land “swap” not being a “traditional” public procurement.  The governor was explaining that the Foreign & Commonwealth Office (FCO) does not yet have a position on the FCIA agreement – which includes the plan to move the George Town (GT) dump to Bodden Town (BT) — and that the UK’s economic advisor will examine its legitimacy in light of the requirements of the Framework for Fiscal Responsibility (FFR).

Mr. Gregg Anderson, a leader of the Coalition to Keep BT Dump Free, responds:  “Whether the land is ‘swapped’, sold or given away, these are significant public assets whose true value can only be determined by open tender, by offering them for sale publicly. As well, the FCIA deal includes major public projects, which all local firms should be able to compete for, openly and transparently, with all proposals considered.”  The Coalition has insisted that Dart’s dump deal is illegal, that the FFR rules of due process “apply to all major public projects and divestitures of Crown land”, and that the FCIA deal between Dart and Government “is no exception”.

Mr. Anderson quotes FCO Minister Simmonds about the need to follow “proper procurement processes” as set out by “the Chair of the Central Tenders Committee” (CTC), and recalls the rejection in December 2010 by the CTC of Dart’s dump proposal.  “The CTC rated it the worst of all tenders considered, and its technical team expressed ‘grave concern’ about the impact of a dump in ‘an environmentally sensitive area’.  How can the same proposal now be acceptable; how can it be compliant with the FFR?”

Adding his opinion of the FCIA deal, Chamber of Commerce President Mr. Chris Duggan “warned about the need to ensure that correct practices were followed” and vowed to ensure “that Chamber members were given a fair and equal opportunity to bid on all major government projects.  Government must follow the FFR…”  Coalition Chairman Mr. Alain Beiner warned that “exempting the Dart deal from the FFR and due process would be outrageous, and reek of the type of corruption so rampant in the Turks & Caicos (T&C) before the UK had to step in.  But, there’s no excuse for the UK avoiding a ‘new Turks & Caicos’, Cayman-style.”

Coalition leader and former Minister of Environment Mr. Charles Clifford adds, “The people of BT must be treated fairly and our laws complied with. At minimum this involves allowing the Environmental Advisory Board (EAB) to carry out the necessary studies to determine the most suitable site for managing the landfill on Grand Cayman. The conclusion could very well be the current site in GT.”

Mr. Clifford refers to the EAB’s advice to Government of identifying “the optimal waste management solution for the country through an assessment of alternatives”, in compliance with “international best practice” and including “the site selection process.”  According to information released following a Freedom of Information (FOI) request, Government Ministers responded and “instructed the EAB to limit the review to the proposals as presented by DRCL (Dart) and not to carry out a review of the most suitable overall waste management solution for Grand Cayman.  Also the Ministers instructed the EAB not to examine alternatives for the location of the WMF (waste management facility) in Bodden Town.”

“Dr. Peter Hayes, the new Overseas Territories (OT) Director,” continues Mr. Anderson, “insisted just a few days ago that protecting Cayman’s ‘natural environment was essential’.  How in the world does the Dart dump deal comply with the CTC’s environmental concern about Dart’s site, with the EAB’s ‘recommended approach’ and with Dr. Hayes’ comments on the importance of protecting our fragile environment?  How does muzzling the EAB comply with the need for transparency, good governance and the UK’s stated concern for our environment?”

Mr. Clifford claims that making an FFR “exception” of the FCIA and the BT dump deal “would be scandalous”, an “inexcusable precedent which would effectively ensure that the FFR is ignored as meaningless window-dressing.”  The Dart deal is “incompatible with all the principles used to motivate adoption of the FFR.  On the contrary, exempting the FCIA deal would make a mockery of the need for competitive tendering, the test of ‘best value for money’, public procurement ‘complying with international best practice’ — and of the rule of law.”

Coalition leaders further caution the UK that the present government was never elected or mandated by the people to sign the FCIA agreement, and that it suffers from “an almost total absence of credibility.”  They point to four recent polls in the local media:  One CNS News poll indicates that 92% of respondents believe that “McKeeva Bush should resign now.”  A second CNS poll has only 23% of respondents believing that the FCIA, as it is, is “good for Cayman”; while a third shows that 60% of respondents disagree with the Dart proposal as the best way to deal with the GT landfill.

In response to a Caymanian Compass poll asking “how much confidence do you have in the current UDP government”, 75.5% claimed to have “none”.  Asks Mr. Clifford:  “How can such a government be allowed to get away with a deal of this magnitude, five months before the next general elections, in spite of the FFR and widespread opposition?  This administration considers the principle of good governance nothing more than a nasty nuisance, with Premier Bush accusing the governor of frequently using it ‘as an excuse to derail us.’”

Coalition Chairman Mr. Alain Beiner adds:  “Unless Government agrees to respect the FFR, the CTC’s recommendations, the EAB’s advice, and to examine all options, openly and transparently, how can this country possibly make the right decision?”  Mr. Beiner calls on the FCO and the governor “to ensure the respect of its proclaimed ideals of good governance and the rule of law.  We’re counting on the UK to do its duty, but if it’s negligent in ensuring respect for our environment and our laws, the Coalition will certainly consider legal action!”

For More Information:

Charles Clifford, 925.5693

Alain Beiner, 516.4953

Vincent Frederick, 323.7520

Gregg Anderson, 916.6777

E-mail:  [email protected]

Website:  www.BTdumpFree.org

December 4^th 2012