Freedom of Information Request Reveals That High Ranking Government Deputy Solicitor General Role Is Not Performed In Cayman. Employment Contract Continues To Be Extended To Allow The Role To Be Done Outside Cayman.

By Alric Lindsay

A recent freedom of information request has highlighted that the Cayman Islands Government continues to extend an employment agreement for a non-Caymanian Deputy Solicitor General to work remotely from outside the jurisdiction. Given the periodic concerns of qualified Caymanians regarding difficulties securing employment and advancement within their respective fields in the Cayman Islands, it is perplexing why the Government persists in extending a contract for a non-Caymanian who is not physically present in the territory. Prominent questions that could arise among experienced Caymanian attorneys currently employed within this Government legal portfolio pertain to how this practice may impact their career progression or other professional opportunities moving forward. Furthermore, this situation raises legitimate inquiries about the credibility of statements made by Members of Parliament regarding the prioritization of Caymanian employment in contrast to the Government’s actions concerning its senior appointments. Lastly, there are significant concerns regarding the appropriateness of a high-ranking government role being executed overseas while managing sensitive information pertaining to the Cayman Islands Government.

The employment contract extensions

Regarding one of the contract extensions, the Solicitor General’s Office signed a note of the request on February 22, 2024.

This stated:

Ms. [Claire] Allen has held the post of Deputy Solicitor General since 2019 following an open and competitive recruitment exercise (in which none of the 9 applicants were Caymanian).

Prior to that, she held the post of Crown Counsel since 2016.

Ms. Allen has expressed the desire to enter into a further employment agreement for the same role with the Cayman Islands Government on a part time basis.

Attempting to justify the contract extension, the note said:

The demands on the current SGO team are such that it is imperative to maintain adequate personnel resources, particularly given the challenges in recent recruitment exercises of identifying suitably qualified candidates for vacant posts.

As such, the retention of high quality staff is critical to the SGO’s ability to provide the necessary legal support across CIG.

Permission is therefore sought to offer her a further Employment Agreement on a part-time basis for a period of six months.

In a second note dated July 25, 2024, it was highlighted that Ms. Allen’s fixed-term contract would expire on August 9, 2024, and further contractual extension to work overseas was requested.

The second note said:

She continues to be a highly productive employee with valuable contributions to the Solicitor General’s Office in, among other things:

1) leading the SGO’s team with responsibility for matters under the Children Act (which also involves training);

2) Providing advice on more complex legal matters;

3) Continued supervision and oversight of the work of other counsel and Articled Clerks;

4) Continuing to assist in revising standard form contracts and the CIG contract policy;

[5]) Providing administrative support to the SG in matters such as Risk Management and Business Continuity, procurement, Freedom of Information Management and preparation of the POLA’s annual report.

The second note continued:

She has significant experience in CSAC appeals and often advises on matters under the PSMA/Regulations. She is currently involved in the ongoing litigation relating to the transfer of prisoners abroad (playing a key role in the disclosure of sensitive material) and the pending appeal to the Privy Council on the legality of the points system (which she defended before the Grand Court and Court of Appeal).

This request is for renewal of her contract of employment until 30 April 2025.

Concerning the reasons for the renewal, the second note explained:

The demands across the SGO team are considerable and the volume of work has increased significantly over the past 2-3 years, in part, due to the volume of contracts required to be reviewed by Chambers and litigation matters (including those under the Children Act and some highly contentious matters involving CIG entities).

Further, the upcoming election will impact our resources as one Deputy SG will be required to provide dedicated support to the Supervisor of Elections; as demonstrated in previous years, this will affect her ability to take on other work.

The second note continued:

While a new Crown Counsel is expected in post in September 2024, there will likely be a learning curve as he eases into the role.

Ms. Allen’s continued employment with the SGO would provide a much needed degree of continuity of service which will be critical in the coming months. Ms. Allen continues to competently and confidently support the work of the SGO in her post and her areas of responsibility, and the wider Portfolio and its client entities.

Regarding how the Government would pay for this employment extension, the second note said, “There are no budgetary impacts as a result of this request as this is already a budgeted post within the SGO.”

Reasons for no physical presence in Cayman

When asked why such a high Government post holder is not physically located in the Cayman Islands, the response to the freedom of information request said:

Only one (1) of the members of the Portfolio contracted to work in a legal role is not physically present in Cayman. The title of that person’s role is Deputy Solicitor General (there are three Deputy Solicitors General in total).

… there are no records specifically recording why the person is not physically present in the Cayman Islands. There is a record outlining the reasons why that person’s contract with the Cayman Islands Government was to be extended but it does not specifically address the reasons why the person is not in the jurisdiction…

Concerns raised about this Government practice

If the Government’s continued contractual extensions suggest an endorsement of employing individuals located overseas for local Government legal work, qualified Caymanians may have legitimate concerns regarding job security, as non-citizens might be favoured for certain positions. Additionally, there could be implications for career advancement if persons overseas are recruited to work abroad for roles that Caymanians are qualified to fill. Further, professional development opportunities may be affected if resources such as training and funding are allocated to employees located overseas, a situation that may ultimately result in diminished morale among Caymanian staff.

Regarding the public perception of this practice, it may be interpreted as a decision to prioritize the needs of non-Caymanian workers over the upskilling of Caymanians, a goal frequently touted by MPs but which stakeholders appear to be struggling to implement.

Further, if the Government requests Ms. Allen to provide advice or opinions on various matters governed by Cayman Islands law, it is essential to ascertain whether she is subject to any additional requirements in her overseas location to practice Cayman Islands law.

Lastly, it is unclear how sensitive information about the Cayman Islands Government is kept secure while being accessed and managed from overseas. National security or other concerns could arise in this case.

Share on Facebook

Post on X