Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697806775437.pdf (Jamaica)
.. REPORT OF THE INTEGRITY COMMISSION APPOINTED UNDER THE PARLIAMENT (INTEGRITY OF MEMBERS) ACT FOR THE YEAR ENDED 31 sr DECEMBER 2010 The Integrity Commission was established under the Parliament (Integrity ofMembers) Act which was brought into force on the 26th July 1973 to preserve the integrity of Parliamentarians.

1.
FUNCTIONS AND POWERS OF THE COMMISSION (i) 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 statutory declarations, and to request from a Parliamentarian any informa- tion 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 in- vestigations relating to a statutory declaration as they think necessary; d) to submit an annual report relating generally to the execution of its function to the Prime Minister who shall cause a copy of the report _ .. to be laid on the table of the House of Repre sentatives and of the Senate.
(ii) The Commission 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 such information as the Commission may require as well as the Commission's dis-satisfaction 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.
2.
MEMBERSHIP Paragraph 1 of the First Schedule to the Act provides that the Commission shall consist of:- a) The Auditor General b) four ( 4) other persons hereinafter referred 2 -' to as "Appointed Members" appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition, from the following categories of persons:- i) ii) Members ofthe Privy Council: the President or any Past President of the Institute of Chartered Accountants of Jamaica; iii) retired Judges of Appeal or retired Judges of the Supreme Court; iv) persons who have held the post of Commissioner of Income Tax, Financial Secretary or Auditor General; v) persons who, in the opinion ofthe Governor-General, are persons of high integrity and are able to exercise competence, diligence and sound judgment in fulfilling their respon- sibilities under this Act.
(The Parliament (Integrity ofMembers) (Amendment) Act 2004) 3 During the year under review in addition to Mrs. Pamela Munroe Ellis Auditor General, the appointed members were as follows: i) ii) The Hon.

David Muirhead ,OJ.,CD.,QC Chairman with effect from April 1 ,201 0 The Hon.

Justice David Pitter Retired Judge of the Supreme Court iii) Mr. Clive Nicholas, CD Retired Director General -Tax Administration, Ministry of Finance.
iv) Mr. Leighton McKnight- Past President of the Institute of Chartered Accountants of Jamaica.

3.

STAFF The Commission continues to operate with the following staff structure:- 1) 1) 1) 1) 1) Secretary Manager Investigating Officer Executive Officer Senior Secretary Office Attendant During the year, the Commission acquired on line access to The National Land Agency and the Companies Office of Jamaica.
The Commission is pursuing the matter of obtaining on line access on a limited basis from the Inland Revenue Department The on line access has now enabled the Commission to obtain relevant 4 information on properties and investments owned by some Parliamentarians which are at times omitted from their statutory declarations resulting in the Commission being .able to pursue further investigations and where necessary to request the Parliamentarians concerned to furnish such further documents, information or otherwise as it may require.
This will however substantially increase the workload of the Investigating Officer.

The Commission proposes therefore to seek approval for the employment of an additional Investigating Officer .

4.

OFFICE OF THE COMMISSION The Office of the Commission is located at No 8 Waterloo Road, Kingston 10 and the postal address is P.O.

Box 170, Kingston 10.

5.

MEETINGS:- During the year the Commission held eleven (11) meetings.

Attendance of members were as follows:- The Hon.


David Muirhead,OJ.,CD.,QC., Chairman Appointed April1,2010 8 Hon.

Justice David Pitter Mr. Clive Nicholas,CD Mrs. Pamela Munroe Ellis Mr. Leighton McKnight 11 11 10 9 5 ' 6.
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 of 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 the 31st March 201 0, the deadline set by the Act for submission of statutory declarations for the year ending 31st December 2009 there were Twenty (20) declarations outstanding (See Appendix 1 ).

Nineteen ( 19) Parliamentarians subsequently furnished their statutory declarations with the result that at 31st December 2010 one ( 1) declaration was still outstanding.
The names of Parliamentarians submitted to the Director of Public Prosecutions for action pursuant to the Parliament (Integrity of Members) Act for failure to furnish the required statutory declarations that were outstanding at 31 st December 2010 are attached, (Appendix 11 ).

As indicated above, many Parliamentarians remain in breach of the Act for failing to furnish the statutory declarations within the time frame set by the Act.

7.
7.

EXAMINATION OF STATUTORY DECLARATIONS In the process of reviewing one hundred and two (1 02) statutory declarations, the Commission completed the examination of eighty-two 6 • (82) declarations and forwarded queries to twenty (20) Parliamentarians seeking further information.

8.
8.

MONTHLY REPORTS The Commission made monthly reports to the Parliamentary Leaders namely:- The Prime Minister The Leader of the Opposition The President of the Senate The Speaker of the House of Representatives on the failure of Parliamentarians to furnish statutory declarations.

Twenty-two (22) Parliamentarians were reported for failing to reply, or reply within, the prescribed time which sought further information or to submit fmancial statements with respect to their declarations.
See Appendices 111 & 1V.

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 again to record its concern at the high rate of incomplete declarations being furnished by Parliamentarians resulting in unnecessary correspondence and queries, a:nd would wish to see that the declarations furnished are properly completed.
The Commission has however taken action to see that complete declarations are submitted by ensuring that Parliamentarians comply fully with the provisions of 7 -------- - - - -- - - - - - - - - the Parliament (Integrity of Members) Act and also provide the information and documentation required at each section of the statutory declaration form.

9.
9.

THE CORRUPTION PREVENTION (SPECIAL PROSECUTOR) BILL The Commission notes that on the 17th day of December 201 0 the Clerk laid on the table of the Senate a copy of the Report of the Joint Select Committee on its deliberations on the Bill entitled "The Corruption Prevention (Special Prosecutor) Act, 2008".
The Commission also noted that the Bill makes provision for the repeal of The Parliament (Integrity of Members) Act and substantially re-enacts the provisions of the said Act and confers greater powers as to Enforcement Production and Inspection Orders as well as obtaining Search Warrants to facilitate investigations.

In light of the above the amendments to The Parliament (Integrity of Members) Act contemplated by the Commission have been provided for in the new bill and no longer fall be made.

10.
10.

ACCOUNTS Audited Financial Statements of the Commission for the financial year ended 31 st March 201 0 are attached as Appendix V. 8 ..

APPENDIX 1 LIST OF STATUTORY DECLARATIONS DUE AS AT 31st DECEMBER 2009 OUTSTANDING AS AT 31 51 MARCH 2010 NAMES DATE RECEIVED 1.

2.

3.

4.

5.

6.

7.

8.

9 The Hon.

Oswald Harding Senator Warren Newby The Hon.

James Robertson The Hon.

Audley Shaw Mr. Desmond G. Mair Senator Tom Tavares-Pinson Mr. Luther Buchanan Mr. Dean Peart Mr. Michael Peart 10.
Mr. Noel Arscott 11.

Dr.

The Hon.

Horace Chang 12.

Mr. Anthony Hylton 13.

The Hon.

Rudyard Spencer 14.

Senator Desmond McKenzie 01.04.2010 01.04.2010 01.04.2010 01.04.2010 07.04.2010 07.04.2010 08.04.2010 08.04.2010 08 .04.2010 09.04.2010 09.04.2010 09.04.2010 23.04.2010 30.4.2010 9 ' .. .

APPENDIX 1 NAMES DATE RECEIVED 15.

The Hon.

Laurie Broderick 16.

Mrs. Sharon Hay-Webster 17.

Senator Basil Waite 18.

Mr. Colin Fagan 19.


Mrs. Natalie Neita-Headley 03 .05 .2010 10.05 .2010 12.05.2010 24.06.2010 29.10.2010 20.

Mr. Ian Hayles Still Outstanding 10 .

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APPENDIX II LIST OF STATUTORY DECLARATIONS OUTSTANDING AT 31 51 DECEMBER 2010 DUE AS AT 31 st December 2002 Mr. Wendell Stewart Sent to DPP December 15, 2003 31st December 2006 Mrs. Vema Parchment Sent to the DPP August 13,2007 31st December 2007 Mrs. Vema Parchment Sent to the DPP May 14, 2008 24th July, 2008 Mrs. Vema Parchment Sent to the DPP March 12, 2009 Mr. O.T.

Williams -do- 31st December 2009 Mr. Ian Hayles Sent to the DPP July 17,2010 11 •c ... .
APPENDIX III LIST OF PARLIAMENTARIANS WHO WERE REPORTED TO THE PARLIAMENTARY LEADERS DURING THE PERIOD 1sT JANUARY 2010 TO 31sT DECEMBER 2010 FOR FAILING TO REPLY TO CORRESPONDENCE OR SUBMIT FINANCIAL STATEMENTS 1.

2.

3.

4.

5.

6.

7.

Mr. Tam Peralto Mr. Clive Mullings Senator Basil Waite The Hon.

Clifford Warmington The Hon.

Audley Shaw The Hon.

Lester Michael Henry Mr. Colin Fagan 12 ...


APPENDIX IV LIST OF PARLIAMENTARIANS WHO WERE REPORTED TO THE PARLIAMENTARY LEADERS DURING THE PERIOD 1st JANUARY 2010 TO 31st DECEMBER 2010 FOR FAILING TO REPLY WITHIN THE PRESCRIBED TIME TO CORRESPONDENCE OR SUBMIT FINANCIAL STATEMENTS 1.

2.

3.

4.

5.

6.

7.

8.

9.

Mrs. Sharon Hay-Webster Mr. Noel Arscott The Hon.

Kenneth Baugh (Including Financial Statements) The Hon.

Michael Stem ( Including Financial Statements) Dr. E.C.K.
Blythe ( Including Financial Statements) Mr. Tam Peralto Mr. Kern Spencer Senator Tom Tavares-Pinson Mr. Dean Peart 10.

Mr. Colin Fagan 11.

Mr. Clive Mullings 12.

13.

The Hon.

Michael Henry The Hon Audley Shaw 14.

The Hon.

Clifford Warmington 15.

Senator Basil Waite 13 SENIOR EXECUTIVE COMPENSATION Addendum 1 ( l ....

1VIlNlUI.
1VIlNlUI.

{NOJ Position of Senior Executive Year Salary performance or value of assignment retirement benefits Acting Gratuity or Travelling allowance Pension or other non cash incentive of motor vehicle allowances benefits ($) ($) ($) ($) ($) Secretary Manager GMG/SEG 3 Investigating Officer FMG/PA2 Executive Officer GMG/AM 3 2009/2010 2,262,870.00 2009/2010 1,812,709.00 2009/2010 1,036,544.00 420,000.00 420,000.00 65,145.00 Total ($) 2,682,870.00 2,232,709.00 77,302.00 1,178,991 .00 .
5,112,123.00 905,145.00 77,302.00 6,094,570.00 Notes: 1.

Where contractual obligations and allowances are stated in a foreign currency, the sum in that stated currency must be clearly provided and not the Jamaica equivalent.

2.

Other allowances (including laundry, entertainment, housing, utility, etc.)

3.

Where a non-cash benefit is received (e.g.

government housing) the value of that benefit shall be quantified and stated in appropraite column above.

4.
4.

Members of staff are eligible to receive retiring benefit under the Compensation Gratuities DIRECTORS COMPENSATION CONFIDENTIAL Addendum 2 .. .
Position of Director Fees value of assignment of Honoraria including Non-cash ($) Motor vehicle ($) benefits as applicable ($) ($) Motor vehicle upkeep travelling allowance or All other compensation 31 ,500.00 54,000.00 50,400.00 72,000.00 50,400.00 72,000 .00 50,400.00 72 ,000.00 50,400.00 72 ,000.00 233,100.00 342 ,000.00 Total ($) 85,500.00 122,400.00 122,400.00 122,400.00 122,400.00 575 ,100.00 Chairman Member 1 Member 2 Member 3 Member 4 Notes: 1.
Where a non-cash benefit is received (e. g. Government housing), the value of that be' ( shall be quantified and stated in the appropriate column above.

c./'' ~~~ ' Hon .

David Muirh Chairman · ~ ·