Corruption

Corruption Fines Too Low

In previous articles Integrity Group Barbados sought to highlight the benefits of the Integrity Commission Bill; now renamed the Integrity in Public Life Bill. This bill, which was recently tabled in parliament, can improve integrity in the public sector due to many of its provisional features. These provisions include investigative powers, enforcement procedures and deterrent measures.

 

Changes in fines

Changes were made to the final bill presented to parliament that we believe can undermine its effectiveness. The most concerning changes are the substantial reductions in fines attached to persons who have committed acts of corruption. The tabled bill has seen reductions in fines on conviction on indictment from $500,000 to $20,000, and summary conviction from $250,000 to $10,000. As a group, we are not in agreement with such significant reductions and we query the rationale behind such a decision.

 

For decades, concerns have been raised over integrity in the public sector, and recent revelations about the previous administration have undoubtedly exacerbated many of these concerns. Consequently, Barbadians are increasingly aware of the effects an inadequate national integrity system can have on governance, and the islands socio-economic welfare.  As a result, the public expects that the necessary legislative actions will be taken to combat this vexing problem.

 

Corruption warrants stiff penalties

The tabling of Integrity in Public Life Bill is one such action that conveys that public sector corruption will not be tolerated. However, the bill’s anti-corruption message and deterrent measures become less impactful due to the reduction in fines. The ruinous consequences that corruption can have on the island’s reputation requires adequate punishments and preventive measures that reflect the severity of the crime.

 

Therefore, it is difficult to justify anti-corruption fines that carry a maximum penalty of $20,000 when corruption can cost Barbados millions of dollars. Since acts of corruption can yield high rewards, logically, committing the act should result in severe penalties. This severe punitive approach is reflected in Transparency International’s recommendations that tough fines ought to follow instances where individuals are found guilty of corruption. Transparency International believes that this can bolster the fight against corruption, as stringent fines are necessary to deter wrongdoings.

 

Higher fines in the region

Regionally, this message of deterrence is generally well received as other territories’ carry harsher fines than those found in the Integrity in Public Life Act. In Trinidad and Tobago’s Prevention of Corruption Act, the fines attached to corrupt dealings equate to approximately $150,000 BBD upon conviction. While in Jamaica, the Corruption Prevention Act, carries a fine of approximately $75,000 BBD. In Antigua and Barbuda, conviction carries a fine of approximately $73,000 BBD, whereas in Grenada the fine is $36,000 BBD. Finally, in Barbados’ unproclaimed Prevention of Corruption Act, the fine for conviction on indictment is a meritorious $500,000 BBD.

 

Return higher fines

Therefore, if the reduced fines in the Integrity in Public Life Act are maintained they will be among the lowest within the region. This would be regrettable since other territories’ Acts predates Barbados’ integrity bill by several years, yet carry higher fines.

 

If we are to protect the interest of society, punish wrongdoers and deter others from engaging in corruption, then we ought to ensure that the fines in Integrity in Public Life Act are returned to the previous amounts. This would convey that the government maintains a genuine commitment to the fight against corruption by passing a credible bill.

 

Approximated fines for corruption across the region

 

Country and Anti-Corruption Act Fines attached on conviction on indictment
Barbados, Integrity in Public Life Act $20, 000 BBD
Jamaica, Corruption Prevention Act $75, 000 BBD
Antigua and Barbuda, Prevention of Corruption Act $73, 000 BBD
Grenada, Prevention of Corruption Act $ 36, 000 BBD
Trinidad and Tobago, Prevention of Corruption Act $ 150, 000 BBD
Barbados, Prevention of Corruption Act (unproclaimed) $ 500, 000 BBD

 

June 24, 2018
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