The Integrity Commission has increased its push for changes to Sections 53 and 56 of the legislation governing its operation.

The entity says its commissioners and legal advisers have reviewed and considered the Integrity Commission Act of Jamaica which governs its operations.

“The commission is concerned as to the restrictive nature of these provisions in the law and has brought those concerns to the attention of the Parliament,” it noted in a media release.

Regarding Section 53, the commission’s concerns and positions have been formally communicated to the Parliament via its three annual reports to date.

“The commission has also made formal submissions on the matter before the Integrity Commission Parliament Oversight Committee. Indeed, at the committee’s last sitting, on November 24, 2021, a Position Paper on the matter was tabled.”.

Section 35, subsection 3 of the Integrity Commission Act states that, “Until the tabling in Parliament of a report under Section 36, all matters under investigation by the Director of Investigation, or any other person involved in such investigation shall be kept confidential and no report or public statement shall be made by the Commission, or any other person in relation to the initiation or conduct of an investigation under the Act”.

Regarding Section 56, which, among other things, restricts the publication by the commission of information related to “Government contracts”, the commission has also formally brought its concerns and position to the attention of the Parliament and the Integrity Commission Parliament Oversight Committee. This was done through the clerk to the Houses of Parliament, by way of letter, from the commission, dated September 7, 2020.

“Although the commission continues to await action by Parliament on both matters, the commission, nevertheless, intends to comprehensively ventilate its concerns regarding Section 56, first before the oversight committee and then, in the wider public domain, in due course.”

Section 56 of the legislation states that, “…Every person having an official duty under this Act, or being employed or otherwise concerned in the administration of this Act…shall regard and deal with as secret and confidential, all information, statutory declarations, Government contracts, prescribed licences, and all other matters before the Commission…”

According to the commission, inquiries regarding both Sections 53 and 56 of the Integrity Commission Act should be appropriately directed to the Parliament.

“Be that as it may, the Integrity Commission wishes to draw attention to the fact that International Anti-Corruption Day will be observed this very week by the United Nations and global institutions and well-thinking leaders, inclusive of Jamaica’s Integrity Commission.

“International best practices in anti-corruption, as well as good governance, accountability and transparency in public affairs, would demand that restrictions upon the sharing of public interest information, such as those imposed by Sections 53 and 56 of Jamaica’s Integrity Commission Act, should be appropriately revised or repealed as a matter of urgency,” said the commission.