From The Gleaner

Delroy Chuck

The Joint Select Committee reviewing the Integrity Commission Act (ICA) has shot down a recommendation to expand the categories of government officials whose statutory declarations should be gazetted.

In its submission to the committee, the Norman Manley Law School recommended that Section 42(3) (b) should be expanded to have a summary of the statutory declarations of ministers of government be published for public scrutiny.

At least three lawmakers on the committee objected to this proposal. 

Solicitor General Marlene Aldred enquired whether the committee would accept Norman Manley Law School’s recommendation. Committee member and Justice Minister Delroy Chuck said, “no”, while the committee’s chairman, Edmund Bartlett, said, “That one, definitely not accepted.”

Julian Robinson, another committee member, said he would not be supporting that proposal.

At present, Section 42(3) (b) of the ICA provides for the anti-corruption body to publish a summary of the statutory declaration made by the prime minister and the leader of the opposition in the Gazette.

However, Prime Minister Dr Andrew Holness’ statutory declaration has not been published in the Gazette since 2021. 

The commission said it could not certify the income declaration of the prime minister and has referred the matter to the Financial Investigations Division in a special report, citing Holness’ failure to provide expense details.

UNEXPLAINED FINANCIAL DISCREPANCIES

In a report it tabled in Parliament, the IC raised concerns about the prime minister’s statutory declarations. The commission’s director of investigation said he could not conclude on the question of illicit enrichment while highlighting unexplained financial discrepancies in Holness’ 2021 income filings. 

The director of investigation also raised questions about tax compliance and transactions of more than $470 million involving connected companies.

However, the prime minister is challenging the IC’s investigation report into his financial affairs by way of judicial review. 

Holness has denied any wrongdoing, claiming that the report is flawed and unfairly suggests unethical and criminal conduct by him and affiliated companies. 

During its review of the ICA, last week, the committee for the final time shut down a chorus of calls for Section 53 (3), often referred to as the ‘gag clause’, to be repealed or amended.

The committee, in its closing deliberations, said the gag clause will not be changed. 

The IC recommended that it be vested with the authority to comment on the initiation of investigations and on aspects of an ongoing probe, as deemed necessary and appropriate. Of the 11 groups that made submissions to the committee, eight said that Clause 53(3) should be struck from the legislation.

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