The Cayman Islands Constitution Order 2009

National Security Council

58.—(1) There shall be in and for the Cayman Islands a National Security Council which shall consist of—

(a) the Governor, as Chairman;

(b) the Premier;

(c) two other Ministers appointed in writing by the Governor, acting in accordance with the advice of the Premier;

(d) the Leader of the Opposition or his or her designate;

(e) two persons representative of civil society appointed in writing by the Governor, acting after consultation with the Premier and the Leader of the Opposition;

(f) the Deputy Governor, ex officio;

(g) the Attorney General, ex officio; and

(h) the Commissioner of Police, ex officio.

(2) A Minister appointed under subsection (1)(c) shall vacate his or her seat on the National Security Council if—

(a) his or her office becomes vacant under section 52; or

(b) the Governor so directs in writing, acting in accordance with the advice of the Premier.

(3) A person appointed under subsection (1)(e) may be appointed for a period of up to two years, and may be reappointed.

(4) The National Security Council shall advise the Governor on matters relating to internal security, with the exception of operational and staffing matters, and the Governor shall be obliged to act in accordance with the advice of the Council, unless he or she considers that giving effect to the advice would adversely affect Her Majesty’s interest (whether in respect of the United Kingdom or the Cayman Islands); and where the Governor has acted otherwise than in accordance with the advice of the Council, he or she shall report to the Council at its next meeting.

(5) The Commissioner of Police shall—

(a) provide regular briefings to the National Security Council on matters of internal security, including the police force save insofar as to do so would prejudice current operations;

(b) have responsibility for the day to day operation of the police force and shall report regularly on such operation to the Governor; and

(c) inform the Premier of any significant security developments in the Cayman Islands, including the occurrence of any significant criminal activity.

(6) Before assuming office each member of the National Security Council shall sign a declaration that he or she will not disclose to any other person, without the permission of the Governor, information acquired as a member of the Council; and, without prejudice to any other penalties that may be imposed under any other law, the Governor, acting in his or her discretion, may by published directions in writing exclude from the activities of the Council, or revoke the membership of the Council of, any member who breaches such a declaration.

(7) Where the Governor has good reason to believe that there has been a breach by a member of the declaration made pursuant to subsection (6), the Governor, acting in his or her discretion, may suspend from the activities of the Council that member while the question of a breach is being investigated; and any such investigation shall be concluded expeditiously.

(8) The National Security Council may invite any person or summon any public officer to attend and participate in, or provide briefings to, the Council on the areas of their work bearing on internal security.

(9) The Governor, acting in his or her discretion, may summon a meeting of the National Security Council whenever he or she considers it desirable to do so, and the Governor shall summon such a meeting whenever the Premier so requests.

(10) Subject to this section, the National Security Council may regulate its own procedure.

(11) The Cabinet Secretary shall be the Secretary to the National Security Council.