The Integrity Commission (IC) appears to be irritated by what it considers to be “frustratingly unfair” questions that the commission says it knows it cannot answer.
The Integrity Commission Act prohibits commissioners from disclosing information about individuals’ statutory affidavits or commenting on the status of corruption investigations – a so-called gag order that public commentators and civil society have long called for should be scrapped.
In the IC’s 2023/24 annual report, published on Tuesday, IC chair and former judge Seymour Panton expressed his displeasure.
“The law prohibits the Commissioner from making any report or public statement regarding the initiation or conduct of an investigation before the Commission has tabled its report to Parliament,” he said.
“As far as statutory declarations, government contracts and prescribed licences are concerned, the law requires that any person discharging public functions under the Act must treat such matters secretly and confidentially,” he added.
“There are penalties of fines and imprisonment for any breach,” Panton said. “Given the current state of the law, it is frustratingly unfair and unreasonable to require the Commission to have a say in matters relating to statutory declarations and investigations – when some are well aware of this.”
Panton further charged: “In my opinion, Jamaicans are in a pretty low position in complying with the various laws passed by Parliament and the Commission should not be, and indeed will not be, such peers.”
He said the committee was awaiting proposed amendments to the law, and reiterated that “nothing prevents filers or those under investigation from speaking out about situations that concern them.”
