No statutory declaration filing requirement for integrity commissioners

A revelation that the commissioners of the Integrity Commission, with the exception of one who is a public servant, are not required to submit statutory declarations created a stir among lawmakers on Tuesday during a meeting of the Joint Select Committee reviewing the Integrity Commission Act.

This means that only Pamela Monroe Ellis, who is a commissioner, has to submit a statutory declaration to the Integrity Commission in her capacity as auditor general.

Members of public sector boards as well as school boards are also exempted from submitting declarations.  

Executive Director of the Integrity Commission Greg Christie told members of the parliamentary committee that the commission sought advice from Solicitor General Marlene Aldred on whether the commissioners should file statutory declarations and was reportedly told “no”.

Christie said that the chairman of the Integrity Commission, retired justice Seymour Panton, directed that a legal opinion should come from the solicitor general on that matter.

The executive director explained that the decision was made to seek advice from the solicitor general as the situation posed a conflict of interest.

“It would be highly inappropriate for the commissioners to advise themselves,” Christie said, adding that, “I think our chairman did the right thing”.

Member of Parliament for Trelawny Northern Tova Hamilton queried why the Integrity Commission, in its submission to Parliament to amend the law, did not recommend that the commissioners be required to make statutory declarations.

Responding, Christie said: “The recommendations that we have here are the recommendations of the commission. I can't respond for the commissioners”.

He said that based on the law every director at the anti-corruption body is subject to the direction of the commission, with the exception of the Director of Corruption Prosecutions Keisha Prince-Kameka who can only be directed by the Director of Public Prosecutions who has the final authority under the constitution for criminal prosecution.

Hamilton further queried whether the employees of the commission were required to submit statutory declarations.

Christie said that all members of staff are bound by law to submit statutory declarations, adding that there was a 100 per cent compliance rate.

He argued that persons seeking employment with the commission are not even considered if they breach the statutory declaration requirement for some categories of public servants.

But Hamilton sought further details on who had the job of reviewing the statutory declarations of the commission's staff.

The Director of Information and Complaints at the commission Craig Beresford has the job of receiving and reviewing the statements of income, assets and liabilities of the staff of the anti-corruption oversight body.

Beresford said he had recognised that a conflict of interest would arise based on his mandate to receive and examine the statutory declarations of his colleagues.

“We found that we would be in a conflicting position to be reviewing our own statutory declarations so as it stands we have made proposals for regulations to remove ourselves from the process and that was already submitted to the Office of the Prime Minister (OPM),” Beresford said.

Christie further explained that the commission has gone the route of regulations to address the prevailing conflict of interest.

Christie said that Section 64 of the law prescribes the procedure and manner for the filing of statutory declarations by the commission, directors and staff of the commission.

The OPM is the administrative ministry of the Integrity Commission.

Chairman of the joint select committee Edmund Bartlett indicated that there should be an external body to examine the statutory declarations of the employees of the commission.

However, Beresford sought to clarify Bartlett's comments, noting that the person to examine the statutory declarations would not necessarily be external to the commission but someone who is not conflicted.

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