BARBADOS TODAY – Thumbs Up – Published July 25, 2023
Thumbs up
Integrity watchdog group approves revamped Integrity in Public Life legislation
By Emmanuel Joseph
This country’s integrity watchdog organisation has given the thumbs up to the revamped Integrity in Public Life Bill and its new provisions passed in the House of Assembly last Friday.
Chairman of Integrity Group Barbados (IGB) Andy Armstrong said on Monday his organisation is “very happy” that the Government did not let the bill die following its defeat in the Senate three years ago.
When the original bill reached the Senate at that time, some members expressed concerns about the exclusion of judges from being required to give an account of their assets and about the absence of whistleblower legislation. There were also misgivings about making the information on people’s assets public.
But Attorney General Dale Marshall, who introduced the reworked legislation to the Lower Chamber last week, gave the assurance that such data would be protected from public eyes as the six members of the specially appointed and scrutinised Integrity Commission would be the only ones to see the information declared.
The amended anti-corruption legislation also now requires future judges to declare their assets.
“We are very happy . . . that the Government brought it back for a second time. I am very happy that it was passed without opposition in the Lower House. That was expected, but still, we are very happy that it happened,” Armstrong told Barbados TODAY.
“The Bill has two important changes, and it will include future judges, which is good. I know that some people have said it should include judges from now. My thinking is that I imagine most judges actually wouldn’t mind declaring their assets, but you know if you were to have one or two that are concerned – and this doesn’t even have to be the judges – they would launch a legal challenge…. Someone could launch a legal challenge and then, knowing our court system in Barbados, that could be five or more years before it is actually resolved, which could mean five or more years before the integrity legislation could actually be implemented.”
Armstrong added: “So, that’s why I think it’s a good compromise to only include future judges; and secondly, they just clarified that the information that people disclosed would not be published in the public domain. So basically, as we understand it, only the members of the Integrity Commission would know the contents of what people declare. So people don’t have to fear that their private information would be posted on the website for everyone to see.”
The IGB chairman said this is a good move given Barbados’ development.
He said while some large countries make the data public, it would be unwise for a small place like Barbados to follow suit.
“I am aware that some countries, definitely some Scandinavian countries, publish it on their website that anyone could see. But Barbados is not Scandinavia; we tend to be a much more private society. So I think if it were published on a public website that anyone could look and see, I think that you would get a lot more pushback. But given what it is now, I don’t really see the need for a whole lot of pushback…because the five members of the Integrity Commission will be chosen carefully and would be vetted, and we have to believe that they would keep that information private,” Armstrong stated.
The Integrity Commission will investigate any alleged contravention of the Integrity in Public Life Act or the Code of Conduct and alleged offences under the Act. Among other things, it will also be responsible for requesting, receiving, keeping on record, examining and inquiring into all declarations, statements of registrable interests and reports of gifts filed with it under the Integrity in Public Life Act.
He also welcomed the passing of the Supreme Court of
Judicature (Amendment) Bill, 2023 which will allow the Chief Justice to offer practice directions and sentencing guidelines to judges in criminal trials.
“Again, it’s guidance. As far as I understand, the judges can still use their discretion, but I think it is important to have some kind of guidance on what the sentences should be,” Armstrong said.
He argued that while progress was being made to reduce the backlog of court cases in the system, the country had a long way to go to make a significant dent.
The IGB head also embraced the steps being taken to introduce plea bargaining in criminal cases.
“That’s also a very important move…. I think that would be a wise move too to speed up the system,” he said.