Selecting the next contractor general

Alando Terrelonge, GUEST COLUMNIST

Given our political history and reputation for corruption, in December 2005 few would have thought that the newly appointed contractor general would have been such a transformational character and the supreme overseer of good governance in the fight against corruption.

That Jamaica had never before had a contractor general as strident in his efforts to pursue those who breached government procurement guidelines, as well as public officials and contractors who engaged in corrupt practices, is unquestionable. It is, however, rather unfortunate that after seven years of fearless service to our nation, and being the standard-bearer for transparency and impartiality, the selection process of Greg Christie's successor should be anything but transparent and impartial.

Pursuant to the Contractor General Act, after Mr Christie demitted office last Friday, November 30, his successor should be appointed by the governor general, acting on the recommendation of the prime minister after consultation with the leader of the Opposition. To many, this selection process is shrouded in secrecy, which lends itself to the perception of political partiality, the very concept that Mr Christie fought so gallantly against.

The fact is, while the act speaks to persons who are disqualified from holding the office of contractor general, for example, members of the Senate or House of Representatives, or those convicted of offences involving dishonesty, it does not provide for a process whereby interested candidates may apply for, and be shortlisted for, such a powerful and equally independent post.

fight corruption together

If the Government and Opposition are to be taken seriously by the people of this nation, that they both desire to fight corruption and strengthen the Office of the Contractor General (OCG), Mr Christie's departure presents them with a glorious opportunity to so demonstrate.

During the leadership debate in December 2011, Portia Simpson Miller expressed that, if elected, her Government would not tolerate corruption, and that as prime minister she would "ensure the strengthening of these institutions like the Office of the Contractor General". So far, this promise remains unfulfilled, and the sum total of the prime minister's pre-election pledge can only be quantified as the usual campaign rhetoric.

Ironically, there have been several battles between the contractor general and the Government, which recently instituted legal proceedings seeking declarations regarding the scope of the contractor general's powers, particularly in investigating and monitoring pre-contractual activities.

For its part, the Opposition cannot escape culpability for failing to implement the well-needed reforms during its time in Government to remove the contractor general's self-imposed designation as a "paper tiger".

These reforms, if effected, could have resulted in the desired strengthening of the corruption-prevention authorities to enable them to more effectively ferret out public officials engaged in corrupt activities; the imposition of criminal sanctions for violation of the rules governing the award of contracts; and the amending of legislation to make it mandatory that appointment to sensitive posts, such as the OCG, which are critical to the delivery of good governance, be approved by a two-thirds majority in each House of Parliament.

It is acknowledged that progress was made in some areas during the previous administration, especially in the tabling of the special prosecutor bill, but it is incumbent that greater levels of priority be given to these areas by both of our political parties.

Not only would such a move augur well for the people of Jamaica, it would also assuage the fears of the private sector, civil society and young professionals that Jamaica is, indeed, a politically tribal and polarised country whose leaders loathe transparency and are prepared to appoint would-be political lackeys in secrecy.

Christie's recommendations

Having given their commitment to fight corruption and strengthen the Office of the Contractor General, it would be prudent for the prime minister, her Government and the Opposition to consider some of the recommendations made by Mr Christie himself. These include entrenching the Office of the Contractor General in the Constitution to protect it from arbitrary political interference, and empowering the contractor general to conduct criminal investigations in the fight to eliminate corruption, impropriety and waste from government contracting and licensing.

While such reforms may not easily be agreed upon in the short term, Mr Christie's departure at this juncture in our political history easily presents the political parties at Gordon House with the opportunity to give the nation some measure of assurance by making the selection process of his successor seem transparent.

Opposition Leader Andrew Holness and members of civil society have posited a selection process whereby a "broad group of persons are called together to select that person to be contractor general", instead of the selection process envisioned pursuant to the cited act. There are merits to this proposal. But before such a selection committee could be convened, it would be incumbent on Parliament to first agree and publish a list of qualifications and a detailed description of the position that would be expected of the new contractor general.

What is required now, as Mr Christie recently noted, is a "bold, new, forthright, and honest political dispensation that is prepared to do right by Jamaica". It is now over to you, Madam Prime Minister.

Alando Terrelonge is an attorney-at-law and member of the Policy Committee of Generation 2000. Email feedback to columns@gleanerjm.com and alando.terrelonge@btalwajm.com.