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Public forum on integrity legislation held in Montserrat
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| Published on Thursday, November 5, 2009 | Email To Friend Print Version
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Former Chief Minister Lowell Lewis (left), Kenneth Allen QC (centre), and Ian
Hendry (right) were at The Lyme on Tuesday evening to present information on
the draft legislation on Integrity in Public Office. (GIS Photo)
BRADES, Montserrat -- Tuesday evening’s discussion in Montserrat on the draft integrity in public office legislation was both passionate and informative says forum moderator Claude E S Hogan.
The event featured a panel comprised of former Chief Minister Lowell Lewis, Kenneth Allen QC, and legal drafting consultant Ian Hendry.
Each panellist made an opening presentation to the audience of almost 60 persons, which included the Governor Peter Waterworth, Chief Minister Reuben Meade, Ministers Colin Riley and Easton Taylor.
Lewis, who initiated parliamentary work on the draft bill during his tenure as Chief Minister, described integrity in public office as “a desirable goal that will take generations to achieve. It provides transparency of one’s actions.” He also said Montserrat’s bargaining power with DfID (the UK Department for International Development) would be encouraged with the passage of the bill and that the lack thereof was a limitation to the island attracting investors.
The opposition member Lewis, also felt weaknesses of the bill were in the cost which would be incurred to implement it and that the need for senior public officials to disclose financial interests, assets and liabilities for themselves and family as well as those a “deterrent to those seeking a future in politics.”
Barrister at Law, Kenneth Allen QC, and a former Justice of the East Caribbean Supreme Court said “politicians must change and overcome their weaknesses.” He asked the audience why not integrity legislation? QC Allen also commended Ian Hendry for contributing to a remarkable piece of work in the drafting of the bill, which he said was “90% there.”
QC Allen underscored as a deficiency of the bill, the absence of a penalty clause for dismissal or removal from office for a specified time or permanently for persons convicted under the new law; and the forfeiture of rights including accrued pension if convicted.
Ian Hendry, the consultant, who is assisting the GoM’s redraft of the Bill, provided an overview of the bills main provisions as: the Creation of an Institution called the Integrity Commission (IC) comprising three (3) Commissions; Financial Disclosures; a Code of Conduct; the Treatment of Gifts; Bribery and Other Acts of Corruption; Possession of Unaccounted Property and Miscellaneous provisions for the provision of certain immunities, offence of obstruction, making false allegations and a number of Schedules to the Bill covering a long list inclusive of Ministers, Members of Council and Senior Public Servants covered under the Bill for persons in public life.
The IC will also have a small staff with tenure and remunerations to carry out the work.
Hendry explained that persons in public life “will be required to declare each year their income over the last tax year, assets and liabilities, the assets of children and spouse which were derived from the income of the official, inclusive of gifts over a particular threshold.”
The new law, when approved, would make it an offense to not make a declaration, to file a false declaration or to not attend the hearings called by the integrity commission, punishable with a $20,000 fine and or a prison of two years.
The quite participative audience asked questions and made statements including “what is the primary motivation for the legislation? Would the commission be also responsible for educating the public or merely be a watchdog of public officers? What protection is there for the whistle blower? Wouldn’t the bill be a deterrent to people who don’t want to handle the public scrutiny of their finances?”
Allen said he took issue with the idea that the bill would be a deterrent for people in public life. In fact, he proposed it would now become clear from the onset whether someone was motivated to work for the people or merely out to enrich their pockets and exploit the system.
Lewis supported the comments by several attendees that “the bill must be enacted and changes made as we go along.” Lawyer Allen added that it was not reasonable for Montserrat to be left behind. Hendry conjoined the argument that the bill “can only put off those who have something to fear, not those who want to do a good job.”
Chief Minister Meade closed out the evening stating that the integrity legislation was only one of a myriad of new laws that are to be enacted in the coming year, with the intention of strengthening Montserrat’s position in the world. “We do business in the world, and this is about ensuring Montserrat’s rank” on a global stage. “Discussions of this nature are very, very important for all of us who will be affected and those in the Diaspora.”
Discussions on the integrity in public office act will continue throughout the week on Montserrat and public comments are anticipated up to the date of the second reading of the Bill. The Bill is expected to go the Montserrat Parliament for approval by the first parliamentary session of 2010. | | | | Reads : 351 | | | |
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