On the same day as the general election, voters will also be asked to vote in referenda on three unrelated issues. The Referendum (Cruise Berthing Infrastructure, Gambling and Cannabis) Bill (which passed its second reading on 5th February 2025) outlines the questions that will be put to voters:
Who can vote in the referenda?
The franchise is the same, those eligible to vote in the election are the same voters eligible to vote in the referenda. The Bill sets out a draft ballot paper and at this stage it looks as if voters will be given one ballot paper for all three questions. You do not have to vote on the referenda questions, you can cast your vote in one, two or all three of the questions or not at all if you choose.
Are the referenda binding?
The referenda are advisory. This means that the results are non-binding on the next government or to put it another way, there is no legal requirement for the next government to implement the decision of the people on any of the issues. While this might sound a little odd – why have a referendum if the government can ignore the results? - there are some benefits to non-binding plebiscites. For example, if turnout is very low and therefore a poor gauge of public opinion then it might not be advisable to proceed. Equally if a referendum is won by one vote then it might suggest that there is further work to be done before proceeding.
Where can I get additional information about the referenda?
Unfortunately, very little information has been put forward by government about what a yes vote might mean in respect of the three questions on the referendum ballot paper.
In respect of cruise berthing facilities, little to no information about what the project might look like has been released. There are no draft plans detailing where the berthing facility might be located, how many piers would be constructed, whether the cargo port would also be included in the project, and critically how the facility would be paid for and by whom. Equally, little to no information has been put in the public domain concerning changes to the law on gambling and consumption and possession of small amounts of cannabis.
Plans put forward in 2019 for cruise berthing facilities in George Town. No such plans have been laid before the public ahead of the April referendum.
Is the referendum subject to the same strict rules as the election
The Elections Act does not extend to referenda and there is no specific legislation that governs conduct during a referendum campaign.
Therefore the rules of each referendum campaign must be outlined in the legislation that allows for the referendum to take place to begin with.
Local environmental campaigners are concerned that government will be using public money to promote a yes vote in respect of whether Cayman should press ahead with cruise berthing facilities and yet no funding will be in place for those opposed to the plans. In addition, campaigners have expressed concern that there is no nothing to prevent non-Caymanian actors, such as the cruise industry, from spending significant sums promoting the yes vote.