Integrity Commission on track to meet annual report deadline

With little more than a week before the Annual Report of the Integrity Commission (IC) is due for tabling in Parliament, the anti-corruption body’s Executive Director Greg Christie says the IC is on track to deliver the document on or before the statutory deadline.

The IC has up to June 30 to submit its annual report to Parliament.

Section 36(2) of the Integrity Commission Act (ICA) states that the commission shall, not later than three months after the end of each financial year, submit to Parliament an annual report.

The IC, in its annual reports, has, among other things, made recommendations for amendments to the ICA 2017.

A joint select committee has been reviewing recommendations from various groups including civil society and the IC for amendments to the parent law.

Section 60(2) of the ICA stipulates that the legislation must be reviewed after five years in operation.

However, the legislative committee had its last sitting seven months ago.

In the 2022-2023 annual report, IC Chairman Justice (Ret’d) Seymour Panton said he hoped the Parliament would find favour with the IC’s recommendations, many of which are supported by civil society.

A number of recommendations from the IC are before the joint select committee for consideration.

For example, the IC has recommended the disclosure of registrable interests by parliamentarians.

The IC says given the complex nature of corruption-related investigations, the use of corporate vehicles and other illicit schemes, the commission is of the opinion that due consideration should be given to amending Section 39 of the ICA.

Proposed requirements

This proposed amendment would require declarations from parliamentarians in relation to: membership in political, trade or professional organisations; contracts with the Government; directorship/beneficial interest in corporate bodies and government boards; beneficial interest in land; trustee or beneficiary of a trust and any other substantial interest that may result in a potential conflict of interest.

The anti-corruption body says this recommendation will assist in the commission’s efforts to detect and investigate matters relating to actual, potential or perceived conflicts of interest and nepotism and other corruption enabling acts.

Another recommendation before the committee is the creation of an offence for misleading, obstructing or non-compliance with a request from the director of investigation.

The ICA has repealed Section 29 of the Contractor General Act and no subsequent and equal provision has been provided.

Section 51 of the ICA empowers the director of investigation to be advised of matters relating to government contracts and prescribed licences. In doing so, the director is entitled to be advised of, among other things, the award, variation and termination of government contracts; to have access to documents and to have access to premises where work on a government contract has been, is being or is to be carried out.

Despite these vast powers, the commission notes that unlike Section 43(1)(b) which creates an offence for failure to provide information required by the director of information and complaints, there is no similar provision in law or sanction in relation to the director of investigation upon which he can rely in the execution of the functions under Section 51 of the ICA.

The commission says the absence of such a provision restricts the dissuasive and timely remedies that should be available to the director of investigation having regard to the entitlements stated in the ICA, 2017.

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