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MPs and Senators disregard Integrity Act

The 2001 annual report of the Integrity Commission which was tabled in Parliament last week, reveals that several Members of Parliament and Senators continue to flout the Integrity Act by failing to make annual declarations. Today, In the House presents excerpts of the Report.

THE INTEGRITY Commission was established under the Parliament (Integrity of Members) Act 1973 to preserve the Integrity of Parliamentarians.

FUNCTIONS AND POWERS OF THE COMMISSION

The functions of the Commission are:-

a) to receive and keep on record statutory declarations furnished by Parliamentarians pursuant to the Act;

b) to examine such declarations, and to request from a Parliamentarian any information relevant to a statutory declaration made by him, which in their opinion would assist them in their examination;

c) to make such independent enquiries and investigations relating to a statutory declaration as they think necessary;

d) to submit an annual report relating generally to the Prime Minister who shall cause a copy of the report to be laid on the table of the House of Representatives and of the Senate.

(ii) The Commissioners have power:

a) to summon witnesses, require the production of documents and to do all such things as they consider necessary or expedient for the purpose of carrying out their functions;

b) to receive and investigate any complaint against Parliamentarians regarding acts of corruption;

c) to submit a report of a failure to furnish statutory declarations and the Commission's dissatisfaction with any aspect of a declaration or any enquiry conducted by it to the Director of Public Prosecutions or the Commissioner of Police who may take such action in relation thereto as he thinks appropriate in any particular case;

The provisions at (i) (d) and (ii) (b) and (c) above are included in the Parliament (Integrity of Members) (Amendment) Act 2001 which came into operation on the 1st day of May 2001.

STATUTORY DECLARATIONS

Every Parliamentarian is required to furnish to the Commission a statutory declaration of his assets, liabilities and income as at the date of his election or appointment, and thereafter as at the 31st December of each year during any part of which he remains a Parliamentarian and at the end of twelve months from the date on which he ceases to be a Parliamentarian.

As at 31st March, 2001 the deadline set by the Act for the submission of statutory declarations due as at the 31st December, 2001, there were forty-one (41) declarations outstanding. Nine of the outstanding declarations were received during the first seven days of April 2001. At the 31st December, 2001 eleven of these declarations were still outstanding, together with two declarations of newly elected Parliamentarians whose declarations were due during the year 2001.

In addition the following declarations due for periods previous to 31st December 2000 were outstanding at the 31st of December, 2001:-

One statutory declaration due as at 31st December 1987; one for 31st December 1988; 3 for the same period in 1989; two due at 31st December 1990; three at December 31, 1991; two for 1992; one due at 31st March, 1993; four for December 31, 1993; two due at 31st December 1994; one for August 25, 1995; four due at 31 December, 1995; three for 31st December 1995; three for the same period in 1996; one for 18th December, 1997; three for 31st December, also in 1997; one for 13th January, 1998; one for 27th March,1998; and three for 31st December, 1998.

As indicated above, many Parliamentarians are in continuing breach of the Act wherein they have failed to furnish the statutory declaration within the deadline set by the Act, or have failed to furnish the statutory declaration required under the Act.

EXAMINATION OF STATUTORY DECLARATIONS

During the year the Commission completed examination of 120 declarations. In the process of examining declarations the Commission issued 49 queries, the answers to which were considered necessary for proper examination of the declarations.

MONTHLY REPORTS

The Commission made monthly reports to the parliamentary leaders namely: The Prime Minister, Leader of the Opposition, President of the Senate and Speaker of the House of Representatives, on the failure of the parliamentarians to furnish statutory declarations. Reports were made also on 19 parliamentarians listed at Appendix 11, who either

a) failed to reply or failed to reply within the prescribed time to correspondence seeking further information with respect to their declarations; or

b) failed to submit, when requested, financial statements of companies in which they have substantial interest.

The failure to furnish information and or financial statements requested prevented the Commission from satisfactorily concluding the examination of the related statutory declaration.

The Commission wishes to again place on record its concern at the high rate of incomplete declarations being furnished by parliamentarians resulting in unnecessary correspondence and queries, and would wish to see that the declarations furnished are true, accurate and complete with all the required supporting documentation.

LIST OF STATUTORY DECLARATIONS OUTSTANDING AS AT 31ST DECEMBER 2001:

Due as at:

31st December 1987

Michael Henry

31st December 1988

Michael Henry

31st December 1989

Horace Dalley

Michael Henry Received 4.3.2002

Audley Shaw Received 2/1/2002

31st December 1990

Horace Dalley

Michael Henry Received 4/3/2002

31st December 1991

Horace Dalley

Michael Henry Received 4/3/2002

Senator Ryan Peralto

31st December 1992

Horace Dalley

Michael Henry Received 4/3/2002

30th March 1993

Vernon Robinson

31st December 1993

Horace Dalley

Michael Henry Received 4/3/2002

George Lyn Received 19/2/2002

Senator Ryan Peralto

31st December 1994

Michael Henry Received 4/3/2002

Senator Ryan Peralto

25th August 1995

Senator Arnold Bertram

31st December 1995

Michael Henry Received 4/3/2002

George Lyn

Arthur Nelson

Senator Ryan Peralto

31st December 1996

Horace Dalley

Michael Henry Received 4/3/2002

Mr. George Lyn

18th December 1997

Glenville Shaw

31st December 1997

Horace Dalley

Michael Henry Received 4/3/2002

George Lyn

13th January 1998

Senator Brian Wallace

27th March 1998

Senator Peter McConnell

31st December 1998

Horace Dalley

Michael Henry Received 4/3/2002

Senator Brian Wallace

31st December 2000

Horace Oliver Clue

Olivia Grange Received 28/3/2002

Peter McConnell Receieved 20/2/2002

Daniel Melville

Senator Ryan Peralto

Senator James Robertson

Karl Samuda Received 14/3/2002

Audley Shaw Received 2/1/2002

Senator Rudyard Spencer

31st December 2000

Wendell Stewart

Senator Brian Wallace

10th March 2001

Shahine Robinson

17th July 2001

Mr. Abraham Dabdoub

Below is a list of parliamentarians who were reported to the parliamentary leaders during the period 1st January, 2001 to 31st December, 2001, for failing to reply or failing to reply within the prescribed time to correspondence and/or to submit when requested financial statements for companies.

Canute Brown, Wendell Stewart, Audley Shaw, Olivia Grange, Horace Oliver Clue, Michael Peart, William J.C. Hutchinson, Donald Buchanan, Rudyard Spencer, Senator James Robertson, Sharon Hay-Webster, Arthur Nelson, Dr. Karl Blythe, Senator Brian Wallace, Glenville Shaw, Anthony Hylton and Senator Janet Madden.

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