NIA supports proposals for increased transparency in IC law

Corruption watchdog National Integrity Action (NIA) says it strongly supports proposed reforms of the Integrity Commission Act (ICA), including the publication of statutory declarations by all members of the Executive and a review of the controversial gag clauses.

During a recent political rally, Opposition Leader Mark Golding, the president of the People’s National Party (PNP), said an administration led by him would amend the gag clauses in the ICA to strike a balance between privacy and the public’s right to know.

Golding signalled that he would review the New Zealand model when effecting proposed changes.

The Opposition leader also told party supporters that he would make changes to the ICA to allow for the statutory declarations of members of the Executive to be published for public scrutiny. At present, the ICA mandates that the statutory declarations of the prime minister and leader of the Opposition be published in the Gazette.

In June this year, a joint select committee reviewing the ICA rejected a recommendation to expand the categories of government officials whose statutory declarations should be gazetted.

The Norman Manley Law School had recommended to the joint select committee that Section 42(3) (b) should be expanded to have a summary of the statutory declarations of ministers of government published for public scrutiny.

However, Justice Minister Delroy Chuck, who is a member of the committee, and Committee Chairman Edmund Bartlett said they would not accept such a proposal. Julian Robinson, another committee member on the Opposition side, said he also would not be supporting the recommendation.

DEEPER COMMITMENT

Asked to comment on the latest proposals by Golding, Danielle Archer, principal director of NIA, said these suggestions signal a deeper commitment to transparency, ethical leadership, and democratic accountability.

In its submission to Parliament in 2022, NIA recommended that the New Zealand model be adopted, as it offers a principled balance in that it protects reputational fairness while honouring the public’s right to know.

Archer argued that, to solidify these reforms, NIA is pushing for a comprehensive code of conduct grounded in the Nolan Principles - selflessness, integrity, objectivity, accountability, openness, honesty, and leadership.

“Embedding these standards will cultivate a governance culture where transparency is the norm, public interest guides action, and trust is earned through principled conduct,” she said.

The Integrity Commission had invited all parliamentarians to sign a code of conduct anchored in the Nolan Principles. To date, members of the parliamentary Opposition have signed the document, but government lawmakers have not signed the code presented by the anti-corruption body.

In New Zealand, the Serious Fraud Office (SFO) is the lead law enforcement agency for investigating and prosecuting serious financial crime, including bribery and corruption. It is also tasked with anti-corruption prevention.

FACTORS

With respect to investigations, the SFO considers several matters before making a public statement, so as to enhance – but not compromise – the investigation.

The factors, on the basis of which the SFO decides whether to issue a public statement, include public interest, reputational damage or harm to individuals or businesses under investigation, level of detail required to ensure high levels of accuracy in reporting, and other information which is in the public arena.

Section 53(3) of the ICA states that “ until the tabling of a report in Parliament, all matters under investigation by the director of investigation or any other person involved in such investigation shall be kept confidential and no report or public statement shall be made by the commission or any other person in relation to the initiation or conduct of (the) investigation”.

Additionally, Section 56 of the ICA states that a person concerned in the administration of this act “ shall regard and deal with as secret and confidential, all information, statutory declarations, government contracts, prescribed licences and all other matters relating to any matter before the commission”.

edmond.campbell@gleanerjm.com