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By Alric Lindsay
Periodically, members of the public hear about motions being passed in the Cayman Parliament: each motion is debated and Speaker of Parliament notes that the “ayes have it.” When a motion passes like this, the public sometimes assumes a new law has been made. It has not. Under Parliament’s own rulebook — the Parliament Standing Orders — a motion and a piece of legislation are two very different things. Here is what actually happens, in plain terms.
What a motion is
A motion is a proposal that the House do something or express an opinion. Motions are a standard item of business at every sitting (Standing Order 20, order of business).
A Member gives notice of a motion (Standing Order 41), it must be admissible (Standing Order 45), and it is then moved, seconded where required, debated and voted on under the general rules for motions (Standing Order 46), with amendments handled under Standing Order 47. The outcome is decided by a vote (Standing Orders 60 and 61).
What happens when a motion “passes” — the proof is in the rulebook. The Standing Orders state:
Motions on national policy issues
- (1) Every Private Member’s motion passed by the House which requires action on national policy issues shall be sent by the Clerk, within one week of the date of approval by the House, to the Cabinet Secretary for submission to Cabinet for the consideration of Cabinet.
(2) A report on the Cabinet’s decision in response to the submission made pursuant to paragraph (1) shall be tabled at the next meeting of the House by the Premier or by a Member of the Government assigned by the Premier.
How a law is actually made
Parliament’s own website (https://parliament.ky/business/house-documents/bills/) explains the steps that are taken before an idea is turned into a law.
The website states:
All laws (now called Acts) initially begin as a Bill.
A Bill either introduces a new law into the Parliament, or it amends an existing one.
All Bills must come through the Parliament for considering by the Members of Parliament (MPs) during a Meeting of the House before they go further along the process of becoming law.
Bills implement policies and/or address economic and social issues as they develop, and allow the elected legislative officials to act on behalf of the people of the Cayman Islands.
The Parliament website adds:
A Bill does not become a law of the Islands until:
The Bill has been considered and passed by the Members of Parliament;
The Bill as passed by the Parliament has been assented to by H.E. the Governor of the Cayman Islands; and,
The Bill is published in the Official Gazette.
Why the distinction matters
A motion: an expression of Parliament’s opinion, or a request to Cabinet under S.O. 48. It is not enforceable. It is not law.
An Act: a Bill read three times (S.O. 65), passed, assented to by the Governor (S.O. 74) and gazetted. It then becomes binding law, enforceable in the courts.
So when you read that “Parliament passed a motion,” the accurate reading is that the House has stated a position or asked Cabinet to act — not that a new legal rule now exists.
In short:Â motions reflect what Parliament thinks; Acts are what the Legislature or the Governor makes the law.
