Beresford wants full access for Protected Disclosures Act probes
Published:Thursday | September 14, 2023 | 12:10 AM
DIRECTOR OF Information and Complaints at the Integrity Commission (IC), Craig Beresford, has recommended that the designated authority under the Protected Disclosures Act be given the power to access all documents or property in connection to an investigation.
The designated authority that implements provisions of the Protected Disclosures Act is the Information and Complaints Division of the IC, headed by Beresford.
In a submission yesterday to the Joint Select Committee reviewing the Protected Disclosures Act, Beresford suggested that the lawful authority of the designated authority be expanded during the course of an investigation.
In particular, Beresford wants the designated authority to be able to enter premises occupied by any person, in order to make enquiries, inspect or secure copies of such documents or other property as the investigative body considers necessary to any matter being investigated.
He said, before the IC can enter any private property, a warrant from a judge of the parish court or a justice of the peace must be obtained.
Committee member Julian Robinson said that he was opposed to this recommendation.
“I would be opposed to it at the outset,” he said.
Another committee member, Sherine Golding-Campbell, quizzed Beresford on the number of disclosures that had been made since the designated authority started its work.
The implementation of the Protected Disclosures Act started last year.
Since it came into force, the IC, which is the designated authority, received seven complaints in 2022 and 15 so far this year.
Of the seven in 2022, six were for victimisation and one for conflict of interest.
Giving a breakdown of the 15 so far this year, the IC said that two were for health and safety issues, one for a breach of the procurement guidelines, 10 were for victimisation and one relates to a discrimination matter.
Beresford also proposed that, where a disclosure is made against the designated authority, the investigation should be conducted by the Major Organised Crime and Anti-Corruption Agency.
He is urging committee members to consider establishing a provision in the law to address concerns which have been highlighted by designated officers.
“In this regard, we are recommending that the following provision be included: ‘Details of the protection to be provided to a designated officer in the course of carrying out his or her function, and this concerns matters of physical threat to life’.”
He submitted that the person who makes the disclosure should also be given protection, if the need arises.