Integrity Commission Bill
With the installation of a new government and Barbados’ first female prime minister, foremost, Integrity Group Barbados would like to congratulate the government and the people of Barbados. Celebratory conventions however must be short lived as ample work must be done in the interests of national progress. Despite a new administration, previous challenges continue to beset the island. Among these challenges is Barbados’ inadequate national integrity system. During the recent campaign, assurances were made by the now governing party regarding efforts to improve this system. Included in these assurances is that the Integrity Commission Bill be laid on the first sitting of Parliament. As a group, we endorse this promise and recommend that this commitment be kept.
Upon review, the Integrity Commission Bill is a credible legislative draft that if properly operationalized can improve Barbados’ national integrity system. The Bill would establish an integrity commission whose responsibility would be to receive and examine documents regarding asset declarations. In addition, the commission would retain investigative officers to probe actions by public officials that potentially contravenes the Bill. Laudably, these officers are also granted the power of arrest when they reasonably suspect that a public official has committed a chargeable offense.
Contained in the Bill are also various definitional frameworks that determine corrupt acts. Actions such as transactional bribery, the improper use of public office for personal or a third parties’ gain, failing to act with the knowledge of corrupt dealings, and the granting of contracts on erroneous terms are all incorporated in the Bill. If public officials are convicted on actions that are determined to be corrupt that official is liable to 500, 000 BBD or imprisonment for 5 years. Additionally, that official is disqualified from holding public office for a five-year period.
The Bill also provides for whistle-blowing provisions which would be a new and valuable addition to Barbados’ integrity framework. These provisions stipulate that public officials shall benefit from protections when disclosing information where a criminal offense has been committed, is being committed or is likely to be committed. Protections would also be assured for disclosures relating to persons who have failed to comply with legal obligations and where a miscarriage of justice has occurred.
Despite the Bill being a step in the right direction, there are some concerns. Since a partial objective of the commission is to investigate potential acts of corruption in the public sector, impartiality and independence from this sector is necessary to effectively undertake this mandate. In the Bill, consultation with the prime minister and in some instances the opposition leader, is needed for the governor general to appoint members to the commission. Since both the prime minister and the opposition leader are partisan agents, in all instances members should be appointed by the governor general based on nominations from bodies representative of academia, civil society, the private sector, the church, trade unions and other segments of society, to lessen the appearance and possibilities of partisan appointees.
An additional concern relates to the inadequacies of the whistle-blowing provision. The Bill should be more explicit with regards to protective disclosure as it is unclear what these protections entail. The legislation also does not address where the burden of proof would reside in instances when employees believe that they have been victimized for their disclosure. Additionally, employer’s obligations to investigate disclosure matters is also not expressed. Further, comprehensive whistle-blowing legislation should provide rewards for disclosure, as well as avenues for persons who themselves may have engaged in illegal activities but seek atonement.
An assessment of the Integrity Commission Bill would indicate that its core purpose is to encourage integrity in public official’s behaviors. Nevertheless, enhancing Barbados’ national integrity system requires additional anti-corruption provisions. Excluded from the Bill are some of these requirements. Filings and declarations on the part of political parties during election campaigns is one of these missing requirements. Current legislation is inadequate as it solely pertains to the spending of political candidates. This allows political parties to raise and spend resources without regulations and impunity. This inadequacy enables possible conflicts of interests where large donners could potentially influence policy outcomes based on their “generous” donations. The ability to capture potential conflicts of interests is possible under the Prevention of Corruption Act.
Additionally, the Prevention of Corruption Act makes explicit provisions regulating private sector entities. In this Act, the private sector is obligated to comply with general accounting and auditing principles and non-compliance can result in stiff penalties. The Act also explicitly punishes private sector individuals who accept bribes and seek to embezzle or misappropriate property. The Integrity Commission Bill is inadequate in these regards and the government should publicly state its commitments on these additional matters.