Corruption Prevention Act regulations not yet completed

By Balford Henry, Senior Staff Reporter

Knight and Samuda

THE REGULATIONS governing the Corruption Prevention Act are not yet completed, Minister of National Security and Justice, K.D. Knight, has confirmed.

The Minister told The Gleaner that discussions are continuing on the regulations, which are necessary to guide the controversial Act passed by the House of Representatives late last year and in the Senate in January.

The Act set guidelines for the professional conduct of public sector (government) employees. It came into effect on May 1. On the same date a companion Bill, amending the Parliament (Integrity of Members) Act to bring Parliamentarians in line with the provisions of the Corruption Prevention Act also came into the effect.

Mr. Knight also confirmed then that the Corruption Prevention Commission, which will administer the provisions of the Corruption Prevention Act, had been appointed. The Commission is comprised of retired puisne judge Chester Orr as chairman, attorney-at-law William Chin See and former head of the Jamaica Teachers Association Rosemarie Vernon.

However, the Act is not effective without the regulations which will set out basic guidelines, including the salary levels of civil servants who will be required to make annual declarations, as well as what level of persons not directly employed to the Government, but whose connection with Government boards and agencies, makes it necessary for them to make annual declarations.

Mr. Knight could not say how soon the regulations will be ready.

In the meantime, the House of Representatives passed the Public Bodies Management and Accountability Act on Tuesday, July 3.

This Bill gives effect to the recommendations of a committee which had been appointed by the Government to examine and make recommendations on improving efficiency and accountability in public sector entities.

It provides for: appointment of auditors; conduct of special audits and examinations in certain circumstances; contents of annual, half yearly and quarterly reports; and restrictions on the exercise of borrowing powers as well as the formation of new companies by public bodies.

The Bill also provides sanctions for non-compliance with provisions relating to corporate governance and accountability.

Opposition Spokesmen Karl Samuda and Audley Shaw both suggested during the debate, however, that the Act would only succeed as far as there was the human will to do so.

Mr. Shaw said that there has been no absence of guidelines in these matters over the years, "but an abundance of absence of willingness to abide by them."

He referred to the guidelines issued by both JLP and PNP Ministers of Finance between 1984 and 1989, "to maintain equity in the public service and control over public spending," which were all breached.

"If the people set out to disobey the rules and if they're no sanctions to bear down heavily on those who break them, it will not succeed. Rigid discipline is required from the top down," Mr. Shaw said.

Mr. Samuda said that it was important that in terms of emoluments, the public agencies are guided by the regulations and act in accordance with the guidelines that are laid down by the responsible Minister.

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