The Attorney General’s Chambers has declined to comment on the legal basis for the Cayman Islands Government’s introduction of increased Department of Vehicle and Drivers’ Licensing (DVDL) fees for non-Caymanian drivers and their vehicles, which are due to come into effect on September 1. Under the new two-tier fee structure, non-Caymanian motorists will pay 700% more than Caymanians for the same licence category.

The question of legality follows comments made by Attorney General Samuel Bulgin during the Official Finance Committee meeting on Monday, November 17, 2025, where he referred to a “presumption of legality” in relation to such increases brought forward by the NCFC Government.

“We don't usually say whether or not we advised the Government on a particular issue. In dealing with legislation, including the appropriation legislation, there is a presumption of legality, so if the Government sought to impose fees, the presumption is that, until a court says otherwise, that it is legal. Until we get to that stage, the presumption is that whatever the Government is seeking to do here enjoys legality.”

The Caymanian Journal asked the Attorney General to explain the legal basis for that position, particularly in relation to the increased DVDL fees scheduled to take effect on 1 September.

Questions were also submitted on whether Attorney General Samuel Bulgin had consulted with the UK Attorney General on any other legislative matter relating to the Cayman Islands, and whether the Attorney General’s Chambers had provided specific legal advice to Government concerning the legality of the fee increases.

No response was received by the requested deadline. Following a telephone follow-up with his Chambers on Friday, The Caymanian Journal was advised that if no response was received by 13:00, it could be assumed that the Attorney General had declined to comment.

The Government’s position remains that the regulations are lawful.

Minister for Planning, Lands, Agriculture, Housing and Infrastructure Jay Ebanks MP, whose portfolio includes responsibility for The Department of Vehicle and Drivers' Licensing (DVDL) introducing the fee increases, stated that the proposals were developed with the benefit of legal advice from the Attorney General’s Chambers.

“The proposed regulations were developed with the benefit of legal advice from the Attorney General's Chambers. Government is satisfied that the proposed regulations are lawful, consistent with the Cayman Islands Constitution, and support legitimate public policy objectives. The regulations have been carefully developed to ensure they are fair, proportionate, and consistent with the Government’s policy objectives.” the Minister said.

Speaking to TCJ, Premier André Ebanks was asked during a media briefing at the Cayman Islands Government headquarters last Friday whether he retained confidence in the Attorney General following repeated references to “presumed legality.”

The Premier responded:

“Legal drafting falls under his [Samuel Bulgin’s] chambers and they do an excellent job all day, every day, producing legislation within our timelines.”

The question of presumption of legality

The principle that legislation enjoys a presumption of legality is a recognised feature of public law. It means that laws and regulations passed through the proper legislative process are generally treated as valid unless and until a court determines otherwise.

However, the presumption of legality does not prevent government action from later being tested through judicial review or constitutional challenge. The principle provides an initial assumption of validity, but it does not remove the role of the courts in determining whether public authorities have acted within the powers granted to them.

British Overseas Territories and other jurisdictions operating under similar constitutional frameworks have seen significant government decisions subjected to legal scrutiny.

For example, in the British Indian Ocean Territory (BIOT) case of R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, the courts examined the legality of measures restricting the right of abode in the Territory after those measures had been introduced through constitutional instruments. While the UK House of Lords ultimately upheld the Government’s position in that litigation, the case demonstrated that government measures enacted through recognised legal processes can still be examined by the courts where questions arise about constitutional authority and the exercise of public power.

The broader principle is that a presumption of legality is a starting position rather than an absolute guarantee. Where government decisions create different obligations or costs for different groups, questions around legal authority, proportionality, and constitutional compliance remain matters that may require independent scrutiny.

Community concerns over the fee increases

The increase in DVDL fees, which takes effect from 1 September, has prompted debate about the impact of the changes on residents, employers, and the wider economy.

An anonymous Caymanian business owner in the construction sector, whose company employs delivery drivers, said the increased costs would create additional pressure on businesses.

“Driver's licence fees are now ridiculous. Many business owners will now need to assist with license renewals in order to help their employees, which is another example of Cayman business suffering the consequences of thoughtless action on the new government’s part,” the business owner said.

The fee increases have also been discussed against the wider backdrop of population growth, infrastructure demands, and concerns about the pace of development.

An anonymous young Caymanian expressed support for greater limits on growth and raised concerns about policies designed to accommodate continued increases in the resident population.

“I feel like Cayman is all too much about tourism and bringing expats here,” the individual said. “It’s not bad, but it needs to be limited to some extent.”

The comments reflect broader discussions taking place in Cayman about population growth, infrastructure capacity, workforce needs, and the balance between economic development and protecting opportunities and resources for Caymanians.

Questions remain ahead of implementation

With Government maintaining that the regulations are lawful, the Minister confirming that legal advice was obtained, and the Attorney General’s Chambers declining to provide further comment, questions remain about the legal reasoning underpinning the two-tier DVDL fee structure before it comes into effect on 1 September.

The regulations may ultimately be tested through legal proceedings if challenged, at which point the courts would determine issues including the scope of Government’s authority, constitutional considerations, and whether the measures meet the required legal standards.

Until then, calls for greater transparency around the legal basis for significant policy decisions are likely to continue, particularly where those decisions create different financial obligations for different categories of residents.