No ‘legal authority’

SENATE PRESIDENT Tom Tavares-Finson made an unprecedented move last Friday when he tabled an Integrity Commission report of investigation that the leadership of the anti-corruption body had recalled weeks earlier.

The damning report of investigation highlighted allegations of conflict of interest, corruption and irregularities in relation to the acquisition of shares in the FirstRock Capital Holdings by the Airport Authority of Jamaica (AA) and the Norman Manley International Airport Limited.

In defending his decision to table the report, Tavares-Finson told members of the Upper House that he formed the view that his responsibility under the law is to table the document after receiving it from the clerk to the Houses of Parliament, Valrie Curtis.

“I was unable to find any legal authority for me to return the document and the Integrity Commission did not provide me with any legal authority so to do,” the Senate president said.

On May 31, the Integrity Commission sent the report to the Houses of Parliament for tabling.

Speaker of the House of Representatives, Marisa Dalrymple Philibert, announced almost two weeks later on June 13 that she received the report from the anti-corruption body for tabling.

However, she revealed that the Parliament received a letter from the Integrity Commission on June 8 requesting that the report be withdrawn and returned to the commission.

On the same day, Parliament sent a written response to the commission stating that the report has been passed to the relevant presiding officers for review and tabling.

Dalrymple Philibert said that the clerk to the Houses of Parliament stated that she was not in a position to return the report.

But on June 9, the Integrity Commission again wrote to Parliament stating that its chairman, ret’d Justice Seymour Panton, was “respectfully” requesting the return of the said report “to confirm a matter before it was tabled”.

Dalrymple Philibert exercised her discretion and instructed that the report be collected by a bearer from the commission on June 12 at Gordon House.

However, in tabling the report last Friday, Tavares-Finson said he did not receive further correspondence from the commission. He said based on his analysis of the law and the position of legal officers in Parliament, he took the decision to table the report.

The Senate president suggested that the commission has the latitude to send an addendum to the report if there are changes.

At the June 16 sitting of the Senate, Tavares-Finson said he received the report on May 31, 2023 and was awaiting “further and better particulars as to the way forward”.

Asked by Leader of Opposition Business Peter Bunting if he would return the report, Tavares-Finson said, “no”.

Bunting also asked the Senate president on June 16 to outline the process of how reports sent to Parliament by the commissions of parliament are dealt with.

Responding, Tavares-Finson said the reports go to the registry of Parliament and are delivered to the clerk to the houses. He said that copies are given to the speaker of the House and president of the Senate and subsequently tabled.

He said that the practice is that the reports are tabled at the earliest possible time.

editorial@gleanerjm.com