Full Text | How Parliament will treat Integrity Commission special reports

Speaker of the House of Representatives Juliet Holness Tuesday announced long-anticipated rulings regarding the treatment of reports from the Integrity Commission and the Auditor General's Department, Jamaica's main anti-corruption bodies. 

Holness said investigation reports from the Integrity Commission will be tabled "as soon as possible" after submission to Parliament.

But annual and special reports will go to the commission's oversight committee for deliberation first and tabled after deliberations, she said. 

A document becomes public once it has been tabled. 

Opposition Leader Mark Golding said the ruling on special reports is "going down the wrong track" that "delays" the release of anti-corruption reports. 

Speaker's Statement on Tabling of Reports from the Integrity Commission and the Auditor General's Department 

The SPEAKER: I will now give a brief follow-up as promised as speaker of this Honourable House, I note the public commentary in some quarters regarding the role of the Speaker in tabling certain documents and the role of Parliament in addressing these matters.

There is an untrue narrative of deliberate delay in tabling reports sent to this House. The fact is, there are no reports, not one report either from the Integrity Commission or the Auditor General's Department which have not been tabled. Additionally, all reports were tabled as prescribed at the soonest possible time. My predecessor made certain pronouncements on the tabling of Reports from the Integrity Commission and the Auditor General's Department for public bodies, which as Speaker, I have reviewed and must address. It is expected as legislators we should have a sound understanding of the law, as it is us who craft, debate, and pass the laws which governs us. it is also, my understanding that when the Court is interpreting the law, the very Court may review the records of Hansard to see what the intention of the Parliament was, at the time of enactment and amendment.

Honourable Members, I did a comprehensive review of the correspondence had extensive discussions with the Clerk of the Houses consulted with the Chief Parliamentary Counsel and Speakers from other Commonwealth jurisdictions. It must be made clear that the advice received is not instruction it is meant to guide the decisions of the House, and meant to inform the actions of the Speaker. Therefore, the opinion or advice doesn't absolve the Speaker or the House from a duty to clearly understand the legislation, and the Standing Orders in a manner that is consistent with its own legislative jurisdiction and wisdom. The opinion of the Parliamentary Legal Counsel which considered all correspondence between the Parliament and the Attorney General, and the Auditor General, is available for your perusal.

Members, based on some utterances there seems to be a clear misunderstanding of the legislation in respect of the distinction between ministries, departments and agencies versus public bodies. It is important, that it is understood that the entities are different.

For our benefit here are some of the key differences:

While the Auditor General is mandated by legislation and the constitution so mandates that the Auditor General, audits Central Government, which include MDAs (ministries, departments and agencies), public bodies by law engage their own auditor.

The Attorney General, while being the Chief Legal Advisor to the Government for public bodies they engage their own attorneys.

Similarly, it is important to note public bodies do not report to Permanent Secretaries in ministries as obtains or applies for ministries, departments and agencies. Instead, public bodies have their own CEOs and a Board, which manages these entities, and report directly, to the responsible Minister. I do hope this provides some clarity.

The ruling is, as follows:

Re reports from the Integrity Commission. It is my considered view that reports submitted to the Parliament under sections 36 and 54 of the Integrity Commission Act should be treated, as dedicated here:

(a)Reports, made on the request of the House of Parliament under section 36 (1). This Report, will be tabled as soon as possible as the nature of the Report is that it is a request from the Houses of Parliament.

It will require a quick action of the Members of the House of Representatives. once it is submitted for tabling. After it is tabled, it is then to be directed to the attention of the Integrity Commission Oversight Committee in keeping with the Standing Orders 73D(e).

Re annual reports submitted under section 36 (2). Once the Report is submitted to Parliament, it will be sent to the Integrity Commission Oversight Committee for consideration and report. Once the Committee has completed its deliberations, both the reports of the committee and the relevant Report from the Integrity Commission will be tabled thereafter.

Special Reports submitted under 36(3) will be treated in same manner as a Report under 36(2) (referenced above).

Reports of the Director of Investigation submitted under section 54 (4) will be tabled as soon as possible after receipt by the Parliament, having regard to the serious nature of the matters that are contained therein. It will be requiring the immediate and direct attention of the House. After it is tabled it will then be submitted to the integrity Commission Oversight Committee for their consideration and report. Kindly note, all reports from the Integrity Commission will be reviewed by the officers before they are tabled and, it will be tabled in the soonest possible time. No effort will be made to delay such reports.

The ruling re reports from the Auditor General's Department on public bodies.

Ruling is as follows: Ruling from the Auditor General's Department on public bodies will be tabled in keeping with the Public Bodies Management and Administration Act enacted 2001 under section 13A and or section 30 of the Financial Administration and Audit Act, particularly of interest is its amendment in 1992, which recognise public bodies. such report, must be submitted in keeping with the procedure outlined therein and all also, provided in section 13B of the Public Bodies Management and Accountability Act, and Section 31 of the Financial, Administration and Audit Act.

Members, the discussion in this Honourable House underscore the need for consistent assessment of Legislation with a view to amending, where necessary, where clarity is further required. Also, it is critical for the Standing Orders Committee to undertake a comprehensive review of these Standing Orders with a view to making the suggested amendment for debate and approval by this House to enhance the effectiveness and efficiency of written rules.

Members, I think that the rules which govern us are within our purview to amend as a Parliament as we see fit so that we are all clear in respect of the understanding thereof. I have made available copies which will be sent around in respect of the opinion given.

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