Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697705358265.pdf (Dominica)
The Integrity Commission The Integrity Commission The Integrity Commission The Integrity Commission of the of the of the of the Commonwealth of Dominica Commonwealth of Dominica Commonwealth of Dominica Commonwealth of Dominica SSSSeventh eventh eventh eventh Annual Annual Annual Annual ReportReportReportReport Year ended August 31, 2015 Year ended August 31, 2015 Year ended August 31, 2015 Year ended August 31, 2015 C Chairman’s Letter of Transmittal ontents Prayer …Vision and Mission of the Commission Statutory Authority Integrity Commission Composition and appointment; Committees; Meetings; Committee Meetings; Functions Work Plan List of persons in public life; Financial Declarations – receipt and examination; Form 3 certification; Complaints; Annual Report to Parliament; Budget Submission; Independence and Autonomy of Commission; Education Programmes i iii 1 2 - 6 7 - 17 Other Activities and Decisions of the Commission Tribunal under s.23 of Act; Appeal of High Court Ruling; UNCAC Peer review; Anti-corruption Conference; Regional Association of Commissions; DPP Forum; Meeting with Minister; Independence of the Commission 18 - 28 Administration and Operations Acknowledgements Signatures Page Appendices Profiles of Commissioners; List of persons in public life; Persons failed to file in accordance with Act; Form 3 certificates issued; Press Statement; Presentations; Papers; Report of meeting with the Minister 29 30 31 32 Chairman’s Letter of Transmittal December 10, 2015 Hon.
Rayburn Blackmoore Hon.

Rayburn Blackmoore Hon.

Rayburn Blackmoore Hon.

Rayburn Blackmoore , Immigration and National Security Justice, Immigration and National Security for Justice Minister for Minister , Immigration and National Security , Immigration and National Security Justice Justice for for Minister Minister Financial Centre Financial Centre Centre Centre Financial Financial Roseau Roseau Roseau Roseau Dear Honourable Minister, INTEGRITY IN PUBLIC OFFICE ACT, 2003, No.
6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT, 2003, No.

6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT, 2003, No.

6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT, 2003, No.

6 OF 2003: ANNUAL REPORT OF THE COMMISSION TO PARLIAMENT ANNUAL REPORT OF THE COMMISSION TO PARLIAMENT ANNUAL REPORT OF THE COMMISSION TO PARLIAMENT ANNUAL REPORT OF THE COMMISSION TO PARLIAMENT Under section 48(1) of the Integrity in Public Office Act, 2003, No.
6 of 2003, Parliament enacted: ‘…‘…‘…‘… the Commission shall as soon as possible but not later than the Commission shall as soon as possible but not later than the Commission shall as soon as possible but not later than the Commission shall as soon as possible but not later than two months after the end of each financial year, make a report to the Minister of its two months after the end of each financial year, make a report to the Minister of its two months after the end of each financial year, make a report to the Minister of its two months after the end of each financial year, make a report to the Minister of its activities in the preceding year and the report shall be tabled in the House of activities in the preceding year and the report shall be tabled in the House of activities in the preceding year and the report shall be tabled in the House of activities in the preceding year and the report shall be tabled in the House of months after receiving the report.’ Assembly not later than three months after receiving the report Assembly not later than three months after receiving the report months after receiving the report Assembly not later than three Assembly not later than three I submit herewith the report of the Commission for the year 2014/2015 to be tabled in the House of Assembly in accordance with this provision.
The report covers the activities of the Commission during the period 2nd September 2014 to 1st September 2015, except that matters begun during that period but concluded shortly thereafter are covered.
This includes the decision of the High Court in the civil action, The Integrity Commission and The Attorney General, DOM HCV 371 of 2014 contained in the Order dated 24th September 2015 and the appeal to the Court of Appeal of the Eastern Caribbean Supreme Court which was filed on 26th October 2015 by the Commission.
The elucidation of the purpose of integrity legislation, and the development of Commonwealth Caribbean jurisprudence in this nascent anti-corruption and good governance regime require the learning and guidance of our apex Courts on the true construction of its provisions and the relevant provisions and principles of the Constitution.

This is why, after careful consideration, the Commission felt impelled to seek the Court of Appeal’s ruling in this matter.
The Integrity Commissions and anti-corruption bodies in several Commonwealth Caribbean countries have also found it necessary to institute or robustly defend court proceedings in an attempt i to clarify their jurisdiction and protect their independence and autonomy [See, for example, the ‘Legal Actions Annual Reports of Legal Matters’ sections of the Annual Reports of Legal Actions’ and Legal Matters Annual Reports of Annual Reports of Legal Matters Legal Matters Legal Actions Legal Actions Trinidad and Tobago Integrity Commission, for the years 2006 to 2011 on the the Trinidad and Tobago Integrity Commission Trinidad and Tobago Integrity Commission Trinidad and Tobago Integrity Commission the the Annual Reports of www.integritycommission.org.tt and the 2011, 2012 and 2013 Annual Reports of Annual Reports of Annual Reports of the Contractor General of Jamaica the Contractor General of Jamaica pg.
23, pg.

213 and pg.

138 respectively, on the Contractor General of Jamaica the Contractor General of Jamaica www.ocg.gov.jm ].

In this report, the Commission expresses its concern that after thirteen (13) months the Sixth Annual Report to Parliament has not yet been tabled in the House of Assembly and again urges the Minister to comply with the section 48(1) mandatory directive, without further delay.
Under section 13 of the Act, Parliament has protected the Commission from political interference in the performance of its statutory functions over the legislature and the Executive including Members of the House of Assembly, Ministers of Government, Permanent Secretaries and the Speaker of the House of Assembly.

It is a general principle of governance in constitutional democracies that the exercise of public power in all its forms and by all state authorities must be accounted for to the public.
Consistent with this principle, Parliament therefore provided that the Commission is accountable to it and, ipso facto, to the people of Dominica by directing that the Commission reports on its activities annually, subject, of course, to the secrecy and confidentiality attached to the declaration of financial affairs filed by persons in public life and the provisions of section 13 itself.
The Annual Reports are published on the Commission’s website and otherwise made available to the public as soon as they are tabled in the House of Assembly.

The failure to table the Sixth Annual Report invades the province of Parliament and prevents it from exercising the scrutiny and review function immanent in section 48(1) of the Act, on behalf of the people of the Commonwealth of Dominica.
The Minister may wish to inform the Commission of the compelling reasons for his inability to comply with the statutory duty in this instance.

Yours very sincerely, (Signed: Julian Johnson) ………………………………………… JULIAN N. JOHNSON JULIAN N. JOHNSON JULIAN N. JOHNSON JULIAN N. JOHNSON CHAIRMAN CHAIRMAN CHAIRMAN CHAIRMAN ii Prayer ...Vision and Mission Prayer We stand before you, Holy Spirit Conscious of our imperfections but aware that we gather in your name.
Come to us, remain with us Enlighten our hearts and give us light and strength So that all our decisions may be Just and fair and in accordance with our Oath of Office.

Guide us by your wisdom, Support us by your power, for you are God, Sharing the glory of Father and Son.

You desire justice for all: Enable us to uphold the rights of others, Do not allow us to be misled by ignorance or corrupted by fear or favour.

Unite us to yourself in the bond of love and keep us faithful to all that is true.
Amen.Amen.Amen.Amen.

Vision A nation free of corruption and governed by persons in public life who are imbued with the highest standard of integrity.

Mission To establish effective oversight of the financial affairs of persons in public life in order to foster a culture of integrity, accountability and probity, and to respond to complaints of corruption in public office.
iii Statutory Authority Integrity in Public Office Act, 2003 The Integrity Commission derives its authority from the Integrity in Public Office Act 2003, No.

6 of 2003 which was enacted in May 2003.

The Commission was established when the Act came into operation by an order of the President on September 1, 2008 – Integrity in Public Office Act (Commencement) Order 2008, SRO No.

24 of 2008.
24 of 2008.

Integrity Commission Rules of Procedure 2011 The Integrity Commission Rules of Procedure, 2011 were prepared and signed by the Commission on July 14, 2011 in accordance with section 58 of the Act, and submitted to the Attorney General for necessary action regarding publication in the Official Gazette.

To date, the Integrity Commission Rules of Procedure 2011 remain unpublished.
The Integrity Commission (Inquiries) Rules, 2012 In accordance with section 58 of the Act, the Integrity Commission (Inquiries) Rules 2012, SRO No.

21 of 2012 were made on July 12, 2012 and published in the Official Gazette No 32 dated July 12, 2012.
1 The Integrity Commission Composition and Appointment The Commission currently comprises the following seven members appointed by the President under sections 4 and 5 of the Act: Table 1: Composition & Appointment of the Commission Table 1: Composition & Appointment of the Commission Table 1: Composition & Appointment of the Commission Table 1: Composition & Appointment of the Commission Position Position Position Position Appointment under the Act Appointment under the Act Appointment under the Act Appointment under the Act Julian N. Johnson Julian N. Johnson Julian N. Johnson Julian N. Johnson Chairman Alick A. Lazare Alick A. Lazare Alick A. Lazare Alick A. Lazare Member Vanoulst Jno.
Charles Vanoulst Jno.

Charles Vanoulst Jno.

Charles Vanoulst Jno.

Charles Member Indira St. Jean Indira St. Jean Indira St. Jean Indira St. Jean Member Anthony P. La Ronde Anthony P. La Ronde Anthony P. La Ronde Anthony P. La Ronde Member Lennox Jno.

Baptiste Lennox Jno.

Baptiste Lennox Jno.

Baptiste Lennox Jno.
Baptiste Member Henry G. Dyer Henry G. Dyer Henry G. Dyer Henry G. Dyer Member In accordance with section 4(1)(a) of the Act, third appointment was effective September 1, 2014 In accordance with section 4(1)(b) of the Act, third appointment was effective September 1, 2014 In accordance with section 4(1)(b) of the Act, second appointment was effective June 11, 2015 In accordance with section 4(1)(c) of the Act, first appointment was effective April 7, 2014 In accordance with section 4(1)(c) of the Act, second appointment was effective July 9, 2014 In accordance with section 4(1)(d) of the Act, first appointment was effective September 1, 2014 In accordance with section 4(1)(e) of the Act, second appointment was effective April 11, 2014 The profiles of Commissioners are in Appendix 1.
2 The Integrity Commission — Committees In an effort to fulfill its mandate, the Commission has, from inception, organized itself into three Committees.

The current composition and purposes of these Committees are indicated in Table 2.
Committees of the Commission Table 2: Composition and Purpose of Committees of the Commission Table 2: Composition and Purpose of Committees of the Commission Committees of the Commission Table 2: Composition and Purpose of Table 2: Composition and Purpose of Committee Committee Committee Committee Members Members Members Members Overall Purpose Overall Purpose Overall Purpose Overall Purpose Finance and Finance and Finance and Finance and Administration Administration Administration Administration (F&A): (F&A): (F&A): (F&A): Alick Lazare – Chairman Chairman Chairman Chairman Vanoulst Jno.
Charles Indira St. Jean Anthony P. La Ronde Lennox Jno.

Baptiste …for the analysis of the declarations of persons in public life and review of the administration of the secretariat Information Information Information Information and Public and Public and Public and Public Relations Relations Relations Relations (I&PR): (I&PR): (I&PR): (I&PR): Chairman Indira St. Jean – Chairman Chairman Chairman Julian N. Johnson Vanoulst Jno.
Charles Alick Lazare Henry G. Dyer …for the development and implementation of education programmes on the Act and contingent issues for persons in public life and the wider public Rules Rules Rules Rules Anthony P. La Ronde – Chairman Chairman Chairman Chairman Julian N. Johnson Henry G. Dyer Lennox Jno.
Baptiste …for the formulation, monitoring and review of rules to regulate the procedures of the Commission 3 The Integrity Commission - Meetings For the operational year, the Commission convened a total of nineteen (19) meetings.

Because of unresolved issues concerning the use of the Conference Room on the first floor of the Commissions Building, the meetings were held at the Fort Young Hotel at the total cost of four thousand, three hundred and forty-four 30/100 dollars (EC$4,344.30).
The attendance of Commissioners at the meetings is shown in Table 3.

Table 3: Attendance at Commission meetings 2014/2015 Table 3: Attendance at Commission meetings 2014/2015 Table 3: Attendance at Commission meetings 2014/2015 Table 3: Attendance at Commission meetings 2014/2015 Commissioners Commissioners Commissioners Commissioners Julian N. Johnson Alick B. Lazare Vanoulst Jno.

Charles Anthony P. La Ronde Indira St. Jean Lennox Jno.
Baptiste Henry G. Dyer *Applicable *Applicable *Applicable *Applicable No.

of No.

of No.

of No.

of meetings meetings meetings meetings No.

No.

No.

No.

attended attended attended attended No.

No.

No.

No.
No.

No.

No.

absent absent absent absent and and and and excused excused excused excused 18 18 17 19 19 17 19 18 18 15 17 18 17 17 - - 2 2 1 - 2 *Number of meetings during the period of membership 4 The Integrity Commission — Committees’ Meetings In pursuit of the work programme approved by the Commission, each Committee met throughout the year.

The number of meetings convened by the various Committees is shown in the following Table.
Table 4: Meetings of Committees of the Commission Table 4: Meetings of Committees of the Commission Table 4: Meetings of Committees of the Commission Table 4: Meetings of Committees of the Commission ittees CommCommCommCommittees ittees ittees 1.1.1.1.

Finance and Administration Finance and Administration Finance and Administration Finance and Administration 2.2.2.2.

Information and Public Relations Information and Public Relations Information and Public Relations Information and Public Relations 3.3.3.3.
Rules Rules Rules Rules No.

of meetings No.

of meetings No.

of meetings No.

of meetings 2014/15 2014/15 2014/15 2014/15 11111111 3333 2222 The Integrity Commission — Self-assessment and Review In March and April 2015, the Commission embarked on a self-assessment and review exercise.

Each Committee presented to the Commission and facilitated in- impacting the effectiveness of the depth discussions on numerous Commission as it sought to fulfill its statutory mandate.
issues The papers presented for discussion and review included: • Effectiveness of the Procedures used in the Examination of and Enquiries into the Declaration of Persons in Public Life - Issues for Discussion [Taken from Commonwealth Strategies to Combat Corruption] And [Other Issues Arising from Operations] • Principles and Practice for Financial Disclosure (Adapted from Good Practices in Asset Disclosure Systems in G20 Countries) • Personnel Management – Departmental Guidelines • The role of the Commission in educating persons in public life and the wider public • The Role of the Rules Committee 5 The Integrity Commission - Functions In order to achieve Parliament’s mandate, section 9 of the Act specifies the following functions of the Commission as follows: “The Commission shall - (a)(a)(a)(a) receive, examine and retain all declarations filed with it under this Act; (b)(b)(b)(b) make such enquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed under this Act; (c)(c)(c)(c) without prejudice to the provisions of any other enactment, inquire (d)(d)(d)(d) into any allegation of bribery or act of corruption under this Act; receive and investigate complaints regarding non-compliance with any provision of this Act; and (e)(e)(e)(e) perform such other functions as is required under this Act.” The section 9(e) functions required to be performed by the Commission are: i. ii.
iii.

iv.
the submission of an Annual Report to Parliament through the Minister for Legal Affairs – section 48(2) which shall be tabled in the House of Assembly no later than three months following receipt; constituting a Tribunal of Inquiry of three members when the Commission considers it necessary or expedient so to do – section 23; conduct an inquiry where the Commission suspects the possession of unaccounted or pecuniary resources – section 47(2); and submission of estimates of expenditure by January 31st each year for the approval of the Minister for Finance – section 52(2).
6 Work Plan of the Commission The decisions and activities of the Commission stem from its functions under section 9 of the Act and are detailed under the various initiatives and items of the Work Plan.
In its entirety, the Work Plan included the following: 1.1.1.1. maintenance of an accurate list of persons in public life in accordance with Parts I and II of the First Schedule to the Act; 2.2.2.2. receipt and security of the financial declarations made by persons in public life; 3.3.3.3. examination of such declarations and request of further information, explanation and particulars from persons in public life where necessary; issuance of Form 3 certificates to persons in public life when satisfied that full disclosure has been made in accordance with the Act and publish same in the Official Gazette; 4.4.4.4.
5.5.5.5. receipt and investigation of complaints made by persons against persons in public life regarding non-compliance with the provisions of the Act; 6.6.6.6. inquiry into any allegations of bribery or act of corruption under the Act; 7.7.7.7. submission of annual report to Parliament and follow up on Sixth Annual report to Parliament (2014) which has not been tabled in the House of Assembly as required by section 48 of the Act; 8.8.8.8. submission of an annual budget to the Minister for Finance by January 31 of each year; 9.9.9.9. development and implementation of a programme of education on the provisions of the Act, for persons in public life on their duties and obligations under the Act; and 10.10.10.10. provision of information to the general public on the workings of the Commission.
7 Maintenance of an accurate list of persons in public life in accordance with Parts I and II of the First Schedule to the Act The First Schedule to the Act lists sixteen offices respecting persons in public life.
To maintain an accurate list of these persons in public life, the Commission pursued a number of actions including requesting that Permanent Secretaries and other Heads of Departments review the offices of persons in public life in their departments and indicate details of demission and new and current holders.

Generally, Permanent Secretaries assisted the Commission and gave information on persons in public life who had left office and new appointments.
Records of all persons acting in the posts of persons in public life are also maintained, since these people fall under the jurisdiction of the Commission after six consecutive months of acting in those posts.

This surveillance requires constant review of the Official Gazette and copies of the Instruments of appointment from the Public and Police Service Commissions.

Five (5) persons in public life were removed from the list since they were no longer persons in public life (Appendix 2).
These persons demitted the office of person in public life in 2011, but continued to file declarations for two consecutive years in accordance with section 16(2) of the Act.

Eighteen (18) persons in public life were added to the list as they became persons in public life during the year.

Most of these new persons in public life were required to file twice for 2014: in accordance with sections 16(4) and 16(1) of the Act.
The updated list of persons in public life for calendar year 2014, including the new persons in public life shows a total of one hundred and seventy-two (172) persons (Appendix 3).
Receipt and security of the financial declarations made by persons in public life Receipt of financial declarations Receipt of financial declarations Receipt of financial declarations Receipt of financial declarations The Commission took a number of actions to facilitate the receipt of the financial declarations of persons in public life.
Firstly, financial disclosure forms (Form 2) along with copies of ‘Guidelines for the filling out of Form 2’ were sent to all persons in public life by the first week of January 2015.

Financial declaration 8 are available at: the on forms www.integritycommission.gov.dm www.integritycommission.gov.dm.
Also, notices reminding persons in public life www.integritycommission.gov.dm www.integritycommission.gov.dm of their obligations under the Act were published in the Official Gazette and in the media throughout the year.

Commission’s Website Out of the one hundred and seventy-two (172) persons in public life who were required to file declarations for the calendar year 2014, one hundred and forty- five (145) filed in accordance with the Act.
calendar year 2014 Failure to comply with the Act –––– calendar year 2014 Failure to comply with the Act calendar year 2014 calendar year 2014 Failure to comply with the Act Failure to comply with the Act Twenty-seven (27) persons in public life failed to file in accordance with the Act for calendar year (Appendix 4).

In accordance with section 22 of the Act, a report of that fact will be sent to the Director of Public Prosecutions (DPP).
Following the publication of names in the Official Gazette, ten (10) persons subsequently filed declarations with the Commission.

By the end of the reporting period seventeen (17) persons in public life had not submitted financial declarations for 2014 with the Commission.

See Fig.

1 for an illustration of the rate of compliance with the Act for calendar year 2014.
2014 Rate of Compliance with the IPO Act ---- 2014 Rate of Compliance with the IPO Act 2014 2014 Rate of Compliance with the IPO Act Rate of Compliance with the IPO Act Failed late i.e.

after Failed late i.e.

after Failed late i.e.

after Failed late i.e.
after March 31, 2015 March 31, 2015 March 31, 2015 March 31, 2015 6%6%6%6% Failed to file up Failed to file up Failed to file up Failed to file up to end of to end of to end of to end of operational year operational year operational year operational year 10%10%10%10% Filed in accordance Filed in accordance Filed in accordance Filed in accordance with the Act with the Act with the Act with the Act 84%84%84%84% 9 An overview of the compliance figures for five years effective 2010 to 2014 – Fig.
2 indicates the following –: 152 157 141 136 145 2 5 5 2 7 7 15 6 17 10 2010 2011 2012 2013 2014 Complied Filed late Failed to file Fig.

2: Information on filing for calendar years 2010 to 2014 Fig.

2: Information on filing for calendar years 2010 to 2014 Fig.

2: Information on filing for calendar years 2010 to 2014 Fig.

2: Information on filing for calendar years 2010 to 2014 The trend-lines (Fig.
3) indicating percentage compliance and percentage non- compliance for the said period - 2010 to 2015 – indicate a gradual tendency toward non-compliance with the requirement of the Act to file annual financial declarations.

The Commission hopes that educating persons in public life will assist in moving the compliance rate back to above 90%.

100% 50% 0% 10 Complied Filed late Falied to file 2010 2011 2012 2013 2014 Fig.

3: Percentage rates and Non---- Compliance and Non Fig.
3: Percentage rates –––– Compliance and Non and Non Compliance Compliance Fig.

3: Percentage rates Fig.


3: Percentage rates 2014 compliance with the IPO Act, 2010 –––– 2014 compliance with the IPO Act, 2010 20142014 compliance with the IPO Act, 2010 compliance with the IPO Act, 2010 Examination of such declarations and request further information, explanation and particulars from persons in public life where necessary The financial declarations received for 2014 were examined using the analytical tools and methods developed by the Commission.
Pursuant to section 14 of the Act, twenty-two (22) declarants were required to furnish further particulars to the Commission.

Nineteen of the queries were satisfactorily resolved.

Three queries remain outstanding.


The issuance of Form 3 certificates to persons in public life when satisfied that full disclosure has been made in accordance with the Act The Form 3 certificate states that the Commission has examined the declaration submitted by the declarant and is satisfied that full disclosure has been made in accordance with the Act.
For the period, one hundred and forty-three (143) certificates were issued with respect to persons in public life for financial declarations filed for calendar year 2014.

The list is at Appendix 5.

During the year, one person in public life was issued a Form 3 certificate with respect to his financial declaration for calendar year ended December 31, 2010.

The certificate was published in the Official Gazette of Thursday, March 26, 2015 (Appendix 6).
Receipt and investigation of complaints made by persons against persons in public life regarding non-compliance with the provisions of the Act For the reporting year, no new complaints regarding non-compliance with the provisions of the Act were received by the Commission.
In previous Annual Reports, the Commission reported extensively on its receipt and investigation related to a complaint made by Mr. Lennox Linton in December 2009 that the Prime Minister was in breach of the Code of Conduct (noted above).

After several adjournments, the matter is now set for hearing on November 5, 2015.
11 Inquiry into any allegations of bribery or act of corruption under the Act For the reporting year, the Commission did not inquire into any allegations of bribery or act of corruption under the Act.

Submission of Annual Report to Parliament: Sixth Annual Report to Parliament (2014) not tabled in the House of Assembly as required by section 48 of the Act The Sixth Annual Report of the Integrity Commission for the reporting year 2013/2014 was submitted to the Minister for Legal Affairs, Hon.
Ian Douglas, in accordance with section 48 of the Act, by letter of Transmittal from the Chairman dated September 1, 2014.

A release to the media was issued informing the public that the Report was sent to the Minister for laying in the House of Assembly no later than three months after receiving it.

(Press Release at Appendix 7) When tabled in Parliament the Reports are published on the Commission’s website and otherwise distributed to other oversight bodies.
At his request the Commission again submitted copies of the Sixth Annual Report to the newly appointed Minister for Justice, Immigration and National Security, on January 30, 2015 and reminded the Minister of the statutory duty to table the Report in the House of Assembly.
At a meeting between the Minister, the Permanent Secretary and the Chairman of the Commission on April 22, 2015, the Minister informed that the Report would be tabled at the next sitting of the House of Assembly scheduled to be held before the annual budget meeting (Report of this meeting is at Appendix 12).

In July 2015 the Ministry requested twenty-five additional copies of the Report and a soft copy was emailed to the Permanent Secretary for that purpose.
Thirteen months after receiving the Report and after five sittings of the House of Assembly, at the time of reporting, the Sixth Annual Report had not yet been tabled in the House of Assembly.

Under section 48 read along with section 2(1) of the Act of 2003 Parliament has issued commands to the Commission and to the Minister assigned with the responsibility for Legal Affairs.
The Commission has dutifully complied, but its obligation to report to parliament is frustrated by the minister’s failure to table the Report in the House of Assembly no later than three months after receiving it.

12 No Questions in Parliament No Questions in Parliament No Questions in Parliament No Questions in Parliament There appears to have been no statements made or any questions asked in the House of Assembly concerning the tabling of the Sixth Annual Report in Parliament.
Under section 60(3) of the Constitution the collective responsibility and accountability of the Cabinet and that of the Minister to Parliament have been made central principles of our parliamentary democracy.

Standing Orders of the House of Assembly provide political means by which that responsibility and accountability principle can be enforced, that is, through questions, motions and/or speeches.
The statutory requirement of tabling in the House of Assembly its provides the opportunity/platform to enable Parliament autonomous check and balance function inherent in the constitutional principle of the separation of powers.

to perform Indeed, it is, in part, through this type of representation in Parliament that the people are enabled as envisaged by the preamble to the independent Constitution [1978] ‘to play their part in the institutions of the national life’.
including Reports of Statutory Bodies must be tabled in Parliamentmentmentment Reports of Statutory Bodies must be tabled in Parlia Reports of Statutory Bodies must be tabled in Parlia Reports of Statutory Bodies must be tabled in Parlia The failure by the Minister to table the Sixth Annual Report in the House of Assembly as directed by the Act strikes at the very fabric of our parliamentary system of governance.
Those who exercise public power must act in accordance with the Constitution and any other relevant law.

In the establishment of statutory regulatory and oversight bodies, Parliament has authorities, consistently required that these bodies report on their operations, activities and use of public funds in the administration of the enabling Acts by the submission of annual reports to it through the Ministers charged with portfolio responsibilities for Lotteries Act, Chap.
20:12 –––– Section these institutions.

These statutes include: Lotteries Act, Chap.

20:12 Section Section Section Lotteries Act, Chap.

20:12 Lotteries Act, Chap.

20:12 Section 4(6); Dominica Broadcasting 24;24;24;24; Social Security Act, Chap 31: Dominica Broadcasting Social Security Act, Chap 31: 01 01 01 01 ---- Section 4(6); Dominica Broadcasting Dominica Broadcasting Section 4(6); Section 4(6); Social Security Act, Chap 31: Social Security Act, Chap 31: Chap.
Section 19; Government Housing Loans Act, Chap.

Corporation Chap.

45:06 ---- Section 19; Government Housing Loans Act, Corporation Chap.

45:06 Chap.

Chap.

Section 19; Government Housing Loans Act, Section 19; Government Housing Loans Act, Corporation Chap.

45:06 Corporation Chap.

45:06 Section 33(2); Public Section 13; Water and Sewerage Act, Chap.

43:40 23:60 Public Water and Sewerage Act, Chap.


43:40 ---- Section 33(2); 23:60 ---- Section 13; Public Public Section 33(2); Section 33(2); Water and Sewerage Act, Chap.

43:40 Water and Sewerage Act, Chap.

43:40 Section 13; Section 13; 23:60 23:60 Section 37; Dominica Import and Export Utility Commission Act, Chap.

43:01 ca Import and Export Utility Commission Act, Chap.
43:01 ---- Section 37; Domini ca Import and Export ca Import and Export Section 37; Domini Section 37; Domini Utility Commission Act, Chap.

43:01 Utility Commission Act, Chap.

43:01 Agency Act, Chap.

82:01 Telecommunications Act 2000, No.

8 of Section 20(5); Telecommunications Act 2000, No.

8 of Agency Act, Chap.

82:01 ---- Section 20(5); Telecommunications Act 2000, No.

8 of Telecommunications Act 2000, No.

8 of Section 20(5); Section 20(5); Agency Act, Chap.

82:01 Agency Act, Chap.


82:01 Section Dominica State College Act 2002, No.

4 of 2002 ---- Section Section 28; Dominica State College Act 2002, No.

4 of 2002 2000 ---- Section 28; 2000 Section Section Dominica State College Act 2002, No.

4 of 2002 Dominica State College Act 2002, No.

4 of 2002 Section 28; Section 28; 2000 2000 38;38;38;38; Integrity in Public Office Act 2003, No.

6 of 2003 c Works Public Works Section 48; Publi Integrity in Public Office Act 2003, No.
6 of 2003 ---- Section 48; c Works c Works Publi Publi Section 48; Section 48; Integrity in Public Office Act 2003, No.

6 of 2003 Integrity in Public Office Act 2003, No.

6 of 2003 Section 12 (2); Dominica Air and Sea Ports Corporation Act, 2006, No.

7 of 2006 Dominica Air and Sea Ports Corporation Act, 2006, No.

7 of 2006 ---- Section 12 (2); Dominica Air and Sea Ports Dominica Air and Sea Ports Section 12 (2); Section 12 (2); Corporation Act, 2006, No.

7 of 2006 Corporation Act, 2006, No.


7 of 2006 Electricity Supply Act, 2006, No.

10 Section 35; Electricity Supply Act, 2006, No.

10 8 of 2006 ---- Section 35; Authority Act 2006, No.

8 of 2006 Authority Act 2006, No.

Electricity Supply Act, 2006, No.

10 Electricity Supply Act, 2006, No.

10 Section 35; Section 35; 8 of 2006 8 of 2006 Authority Act 2006, No.

Authority Act 2006, No.

Section 27.

Under these provisions the directive to table the report in of 2006 of 2006 ---- Section 27.

Section 27.
 of 2006 of 2006 Parliament is expressed in mandatory language and with strict deadlines for compliance.

13 The Act of 2003 expresses in its Long Title the purpose of the Act to establish probity, integrity and accountability in public life in the Commonwealth of Dominica.

Section 48 of the Act speaks to that accountability to Parliament by the laying for its examination of the report of the Commission annually.
The Minister, by his failure to act in accordance with section 48 of the Act, has directly impinged upon an essential function of the legislature by severing that accountability requirement.
Report must be submitted to Speaker for presentation Report must be submitted to Speaker for presentation Report must be submitted to Speaker for presentation Report must be submitted to Speaker for presentation to the House of Assembly to the House of Assembly to the House of Assembly to the House of Assembly The Integrity Commission again urges the Minister: (i) to discharge the mandatory statutory duty under section 48 of the Act, and (ii) to make public the reasons for not doing so during the past thirteen months.
The Commission also again recommends that the Executive presents to Parliament a Bill to amend the Integrity in Public Office Act, 2003 to provide that “if the Minister fails to lay a report before the House in accordance with the provisions of subsection (1) of this section the Commission shall submit copies of that report to the Speaker who shall, as soon as practicable, present them to the House” [See section 83(5) of the Constitution and the Third Annual Report (2011), Appendix 6, pages 72 – 73 and 76].
Furthermore, Members of the House of Assembly must be punctilious in protecting their constitutional functions and seek to enforce the principle of ministerial responsibility to Parliament in accordance with the provisions of the Standing Orders of the House of Assembly.

Parliament must continue to demonstrate that it is an important stakeholder in ensuring compliance with the procedures that it has established to give effect to the purposes of the Act.
The Commission again urges that a Select Committee of the House of Assembly be appointed to examine the Annual Report of the Commission and to report on the performance of its functions and the implementation of any recommendations contained therein, subject to section 13 of the Act.
Submission of an annual budget to the Minister for Finance by January 31 of each year As required by section 52 of the Act, the Commission presented, on January 31, 2015, a budget of seven hundred and sixty-one thousand, and ninety-two 14 EC$761,092) to finance its operations for financial year 2015/2016 for dollars (EC$761,092 EC$761,092 EC$761,092 the consideration of the Minister for Finance.
On July 29, 2015, the Financial Secretary advised the Commission that Parliament had approved their Estimates that were 88% of the requested amount, that is: six hundred and EC$671,392).

seventy-one thousand, three hundred and ninety-two dollars (EC$671,392 EC$671,392 EC$671,392 The requested and approved budgets are shown at Table 5.
Table 5: with respect to FY requested and approved ---- with respect to FY Budget Estimates –––– requested and approved Table 5: Budget Estimates with respect to FY with respect to FY requested and approved requested and approved Budget Estimates Budget Estimates Table 5: Table 5: 2015/2016 2015/2016 2015/2016 2015/2016 Heads Heads Heads Heads Personal emoluments Salaried allowances Non-salaried allowances Recurrent expenditure Amount Amount Amount Amount requested requested requested requested 550,071 550,071 550,071 550,071 6,000 6,000 6,000 6,000 39,021 39,021 39,021 39,021 166,000 166,000 166,000 166,000 761,092 761,092 761,092 761,092 Approved Approved Approved Approved Estimates Estimates Estimates Estimates 550,071 550,071 550,071 550,071 4,000 4,000 4,000 4,000 39,021 39,021 39,021 39,021 78,300 78,300 78,300 78,300 671,392 671,392 671,392 671,392 In the previous fiscal year, 2014/2015 , the approved budget of six hundred and sixty-three thousand, one hundred and twenty-three dollars (EC$663,123) which was the budget for much of the reporting year was increased by 8% in April 2015 with an advance from the Contingency Fund of fifty thousand, three hundred dollars (EC$50,300) to assist in meeting the Commission’s legal expenses in respect of the judicial review proceedings Business Commission’s Business Travel on the Commission’s Budget: Independence and Autonomy –––– Travel on the Budget: Independence and Autonomy Business Business Commission’s Commission’s Travel on the Travel on the Budget: Independence and Autonomy Budget: Independence and Autonomy In previous Annual Reports the Commission felt impelled to inform Parliament of the insuperable difficulties being encountered in expending funds in the travel vote approved by the Minister for Finance under section, 52 of the Act and by Parliament under the annual Appropriation Acts.
[See Second Annual Report (2010) para 6.12 at p. 16 and Appendix vi; and Third Annual Report (2011) para 5.6 at pp.

22-23].
However, in June 2015, with the assistance of the Ministry of Justice, Immigration and National Security, the Commission was able to arrange and meet the costs for travel on the business of the Commission by Commissioner Henry George Dyer to the first meeting of Commonwealth Caribbean Association of Integrity Commissions and Anti-corruption Bodies, held in Grenada from the 15 travel votes of the Commission free from the additional administrative procedures referred to in the Annual Reports of 2010 and 2011.
Given the clear provisions of sections 13 and 52 of the Act, the Commission must be permitted to expend its approved funds on the business of the Commission in carrying out the purposes of the Act and in accordance with the Finance (Administration) Act 1994 and other applicable laws.
Development and implementation of a programme of education on the provisions of the Act, for persons in public life on their duties and obligations under the Act During the year, the Commission planned and implemented four education sessions for persons in public life and members of the local Media.

The sessions were held in February and March 2015 with the collaboration of the management of the Windsor Park Sports Stadium and the Chief Personnel Officer.
The sessions were facilitated by Commissioners, and covered all topics in the IPO Act and contingent issues – Table 6.
Table 6: February ---- Education sessions held by the Commission –––– February Table 6: Education sessions held by the Commission February February Education sessions held by the Commission Education sessions held by the Commission Table 6: Table 6: March, 2015 March, 2015 March, 2015 March, 2015 INTEREST INTEREST INTEREST INTEREST GROUPS GROUPS GROUPS GROUPS Media workers of Dominica PRESENTATION PRESENTATION PRESENTATION PRESENTATION DATES DATES DATES DATES Friday, February 27, 2015 February 27, 2015 February 27, 2015 February 27, 2015 PRESENTERS PRESENTERS PRESENTERS PRESENTERS Julian N. Johnson Indira St. Jean Alick Lazare Representatives of the various Trade Unions Thursday, March 12, 2015 March 12, 2015 March 12, 2015 March 12, 2015 Henry Dyer Indira St. Jean Vanoulst Jno.
Charles Senior public officers Thursday, March 19, 2015 March 19, 2015 March 19, 2015 March 19, 2015 Chairmen of various statutory bodies Thursday, March 26, 2015 March 26, 2015 March 26, 2015 March 26, 2015 Indira St. Jean Alick Lazare Anthony La Ronde Anthony La Ronde Indira St. Jean One of the main resources for the sessions was a paper entitled: ‘Operations of the Commission in Dominica September, 2008 – September, 2014’ prepared and 16 presented by the Chairman (Appendix 7).
Participants described the sessions as fruitful and informative.

The Commission also entertained, at its office on Wednesday, February 11, 2015, a Fourth Form class accompanied by a teacher from the Dominica Grammar School.

The students were given reading material and a general overview of the Act, the workings of the Commission and advised on the need for integrity and accountability in the lives of citizens.
The provision of information to the general public on the workings of the Commission on The Commission uses the media in its effort to provide information to the general public Website http://www.integritycommission.gov.dm/ was constantly updated to include full presentations made to interest groups and those made at conferences overseas.

Links were also made to the Websites of similar oversight bodies and institutions.

Commission’s workings.


The its 17 Other Activities and Decisions of the Commission Request for Appointment of Tribunal to hold formal Inquiry under section 23 of the Act In 2014, the Commission found it necessary to advise the President to appoint a Tribunal comprising three members of the Commission in order to conduct an inquiry to verify the contents of certain financial declarations filed with it.
After consulting the Attorney General, the President proceeded to appoint a Tribunal comprising of three members of the Commission of his own choosing and disregarded the Commission’s advice.

The Commission is of the view that section 23(3) of the Integrity in Public Office Act does not provide for the President to appoint a Tribunal in his own deliberate judgment.

The words of section 23(3) are clear, unqualified and unambiguous.
The President must appoint a Tribunal consisting of three members of the Commission on the advice of the Commission.

The Tribunal purported to be appointed by the President in the circumstances is not on the advice of the Commission and is accordingly ultra vires.

The President is not legally authorized to appoint the Tribunal “at his discretion”.
The members of the Tribunal purported to be appointed by the President therefore did not take the required Oaths of office or enter upon their duties as members.

The Commission wrote to the President detailing the matter and requesting that he should reconsider and appoint the Tribunal as advised by the Commission in keeping with the provisions of the Act.

The matter remains unresolved.
Commission appeals High Court Ruling that Minister of Government (Past), Now President, not subject to the Integrity in Public Office Act, 2003 The Commission has appealed to the Eastern Caribbean Court of Appeal the decision by the High Court of Dominica that the Commission is not entitled to publish in the Official Gazette, as mandated by section 22 of the Act, the name of a person in public life, a Minister of Government (past), who has failed to file a 18 declaration of assets in Form 2 of the Third Schedule as mandated by section 16(2) of the Act, because that declarant is now President of Dominica and is therefore immune from criminal proceedings by virtue of section 27 of the Constitution.
In The Integrity Commission v The Attorney General, DOMHCV 2014/037, Justice M.E.
Bernie Stephenson held: That upon the proper construction of section 16(2) of the IPO Act a “(i) That upon the proper construction of section 16(2) of the IPO Act a That upon the proper construction of section 16(2) of the IPO Act a That upon the proper construction of section 16(2) of the IPO Act a person who assumes the office of President of the Commonwealth of person who assumes the office of President of the Commonwealth of person who assumes the office of President of the Commonwealth of person who assumes the office of President of the Commonwealth of Dominica having been a person in public life du ring the immediately Dominica having been a person in public life during the immediately ring the immediately ring the immediately Dominica having been a person in public life du Dominica having been a person in public life du preceding period, is not required to file a declaration in Form 2 whilst that preceding period, is not required to file a declaration in Form 2 whilst that preceding period, is not required to file a declaration in Form 2 whilst that preceding period, is not required to file a declaration in Form 2 whilst that person holds the office of President of the Commonwealth of Dominica; person holds the office of President of the Commonwealth of Dominica; person holds the office of President of the Commonwealth of Dominica; person holds the office of President of the Commonwealth of Dominica; (ii) That upon proper construction of section 22 of the IPO Act the (ii) That upon proper construction of section 22 of the IPO Act the (ii) That upon proper construction of section 22 of the IPO Act the (ii) That upon proper construction of section 22 of the IPO Act the Integrity Commissio n is not entitled to nor is it required to have published Integrity Commission is not entitled to nor is it required to have published n is not entitled to nor is it required to have published n is not entitled to nor is it required to have published Integrity Commissio Integrity Commissio in the Gazette the name of a person who holds the office of President of in the Gazette the name of a person who holds the office of President of in the Gazette the name of a person who holds the office of President of in the Gazette the name of a person who holds the office of President of the Commonwealth of Dominica declaring that that person has not filed a the Commonwealth of Dominica declaring that that person has not filed a the Commonwealth of Dominica declaring that that person has not filed a the Commonwealth of Dominica declaring that that person has not filed a declaration in Form 2. declaration in Form 2. declaration in Form 2. declaration in Form 2.
The reasons given by the learned Judge for the decision include the following: “[46]… I am of the considered view that upon a true construction of section 27 “[46]… I am of the considered view that upon a true construction of section 27 “[46]… I am of the considered view that upon a true construction of section 27 “[46]… I am of the considered view that upon a true construction of section 27 the President is shielded from the institution of criminal proceedings which the President is shielded from the institution of criminal proceedings which the President is shielded from the institution of criminal proceedings which the President is shielded from the institution of criminal proceedings which ought to and should include any preparatory steps which would likely result in ought to and should include any preparatory steps which would likely result in which would likely result in which would likely result in ought to and should include any preparatory steps ought to and should include any preparatory steps the institution of criminal proceedings.” the institution of criminal proceedings.” the institution of criminal proceedings.” the institution of criminal proceedings.” “[49] I am of the considered view that for the President’s name to appear on a “[49] …………I am of the considered view that for the President’s name to appear on a I am of the considered view that for the President’s name to appear on a I am of the considered view that for the President’s name to appear on a “[49] “[49] list of defaulters in the Gazette or to be named in a Report presented to the list of defaulters in the Gazette or to be named in a Report presented to the list of defaulters in the Gazette or to be named in a Report presented to the list of defaulters in the Gazette or to be named in a Report presented to the Prosecution for further action which is for possible criminal Director of Public Prosecution for further action which is for possible criminal Director of Public Prosecution for further action which is for possible criminal
 Prosecution for further action which is for possible criminal Director of Public Director of Public prosecution even though it would be for an alleged default in his private and prosecution even though it would be for an alleged default in his private and prosecution even though it would be for an alleged default in his private and prosecution even though it would be for an alleged default in his private and personal capacity would be flying in the face of the protection offered by the personal capacity would be flying in the face of the protection offered by the personal capacity would be flying in the face of the protection offered by the personal capacity would be flying in the face of the protection offered by the e office of the President into disrepute.” Constitution and would be bringing the office of the President into disrepute.” Constitution and would be bringing th e office of the President into disrepute.” e office of the President into disrepute.” Constitution and would be bringing th Constitution and would be bringing th “[50] … I am of the view that whilst the President is in office any obligations “[50] … I am of the view that whilst the President is in office any obligations “[50] … I am of the view that whilst the President is in office any obligations “[50] … I am of the view that whilst the President is in office any obligations which he may have in his personal life imposed by law which has a criminal or which he may have in his personal life imposed by law which has a criminal or which he may have in his personal life imposed by law which has a criminal or which he may have in his personal life imposed by law which has a criminal or s part is suspended whilst he is civil sanction as a result of inaction or action on his part is suspended whilst he is civil sanction as a result of inaction or action on hi s part is suspended whilst he is s part is suspended whilst he is civil sanction as a result of inaction or action on hi civil sanction as
 a result of inaction or action on hi in office.” in office.” in office.” in office.” The grounds of appeal filed by the Commission on 26th October, 2015 include the following: • • that the Court wholly and wrongly construed section 27 of the Constitution in relation to the facts of the case; that the Court erred in preferring and employing wrongly a literal as opposed to a purposive interpretation of the Act and thereby led itself into 19 • • • • • error by its narrow construction and failed to give meaning to the high statutory functions and powers of the Commission provided for by Parliament in the Act as a whole; that the Court so construed section 27 of the Constitution as to wrongly declare the President to be above the law, contrary to the intent of the supreme law clause, the founding principles of a democratic republican state with respect for the Rule of Law and, as declared in the preamble to the Constitution; that the Court failed properly to construe and to give meaning to section 16(1) and (2) of the Act either ex facie or in relation to the evidence before it, namely that of the Commission seeking to discharge its functions under the Act as a whole in respect of a Minister of Government (Past), being a person in public life within the meaning of the Act; that the Court failed properly to construe and to give meaning to section 22 of the Act or wrongly construed section 22 of the Act by wrongly reading that section to mean that in the Commission’s discharging its prescribed functions under section 22 of the Act it was initiating “criminal proceedings” within the meaning of that term in section 27 of the Constitution; that in wrongly construing sections 16 and 22 of the Act the Court took into consideration the extraneous consideration that the construction contended by the Commission would bring the Office of the President into disrepute, being a consideration wholly outwith a true construction exercise; and that the Court erroneously, narrowly and
 impermissibly construed the mandatory discharge of the Commission’s statutory duty under section 22 of the Act to publish facts in the Official Gazette, where warranted, as being subject to the direction, control and veto of the Cabinet (in the person of the Cabinet Secretary) notwithstanding the statutory protection from political interference given by section 13 of the Act.
The Commission is being represented in this matter by Mr. Reginald T. A. Armour S.C. of Marie de Vere Chambers, Trinidad & Tobago and Mr Kevin Williams of Kevin Williams Chambers (The background to the Commission’s application to the Court for declaratory relief was given in the Sixth Annual Report of the Commission to Parliament (2014) at pages 12-16.

The Judgment of the High Court dated September 14th 2015 is published on the Commission’s Website).
20 UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)– Results of the Dominica Peer Review Exercise conducted in 2012 On May 28, 2010, the Commonwealth of Dominica acceded to the UN Convention against Corruption (UNCAC) which is a multilateral convention and comprehensive anti-corruption instrument negotiated by members of the United Nations.

To track the level of implementation of the Convention, a peer review mechanism was adopted in 2009 involving self-assessment, evaluation and report generation.
One of the outcomes of the review is the determination of the extent and type of assistance required by countries for the establishment of the framework for the full implementation of the Convention [See: 5th Annual Report of the Commission, section 9, page 32].

The Dominica Peer Review exercise was conducted in 2012 by representatives of the countries of Chile and Paraguay, and facilitated by the Financial Intelligence Unit (FIU).
The ‘Integrity in Public Office Act 2003’ and by extension, the Integrity Commission, were part of the subject of the review.

The result of the exercise entitled implementation of the UNCAC’ was presented to the Implementation Review Group in Vienna, June 1 – 5, 2015.

The full report of the review comprehensively evaluates Dominica’s legislative framework vis-à-vis the requirements of the UNCAC.
institutional and ‘Review of The Executive Summary of the report by the peer reviewers states the key institutions in the fight against corruption as: the Integrity Commission, the Financial Intelligence Unit, the Police, the Customs Department and the Director of Public Prosecutions, and notes the following successes and good practices: • Dominica’s legislative framework – including the Integrity in Public Office Act 2003 under which the Integrity Commission was created - allows for the implementation of several provisions of the Convention; and • There is a high level of cooperation among domestic agencies responsible for investigating and prosecuting crimes and between them and the country’s public authorities; Article 36 Each State Party Specialized authorities’ states: “Each State Party Article 36 of the UNCAC entitled ‘Specialized authorities Each State Party Each State Party Specialized authorities Specialized authorities Article 36 Article 36 shall, in accordance with the fundamental principles of its legal system, ensure the shall, in accordance with the fundamental principles of its legal system, ensure the shall, in accordance with the fundamental principles of its legal system, ensure the shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies or persons specialized in comba ting corruption existence of a body or bodies or persons specialized in combating corruption ting corruption ting corruption existence of a body or bodies or persons specialized in comba existence of a body or bodies or persons specialized in comba through law enforcement.
Such body or bodies or persons shall be granted the through law enforcement.

Such body or bodies or persons shall be granted the through law enforcement.

Such body or bodies or persons shall be granted the through law enforcement.
Such body or bodies or persons shall be granted the necessary independence, in accordance with the fundamental principles of the necessary independence, in accordance with the fundamental principles of the necessary independence, in accordance with the fundamental principles of the necessary independence, in accordance with the fundamental principles of the legal system of the State Party, to be able to carry out 27 their functions effectively y y y legal system of the State Party, to be able to carry out 27 their functions effectivel legal system of the State Party, to be able to carry out 27 their functions effectivel legal system of the State Party, to be able to carry out 27 their functions effectivel 21 and without any undue influence.
Such persons or staff of such body or bodies and without any undue influence.

Such persons or staff of such body or bodies and without any undue influence.

Such persons or staff of such body or bodies and without any undue influence.
Such persons or staff of such body or bodies should have the appropriate training and resources to carry out their tasks.” should have the appropriate training and resources to carry out their tasks.” should have the appropriate training and resources to carry out their tasks.” should have the appropriate training and resources to carry out their tasks.” light of Article 36, In recommendations regarding the Commission: the peer reviewers have made the following to pursue an to pursue an to pursue an to pursue an the scope of discretional power the scope of discretional power the scope of discretional power the scope of discretional power • Objectively define Objectively define Objectively define Objectively define investigation or dismiss it.


investigation or dismiss it.

investigation or dismiss it.

• Create an investigative body for cases of corruption.

Create an investigative body for cases of corruption.

Create an investigative body for cases of corruption.

Create an investigative body for cases of corruption.
• Allocate the human resources necessary for the Integrity Commission and Allocate the human resources necessary for the Integrity Commission and Allocate the human resources necessary for the Integrity Commission and Allocate the human resources necessary for the Integrity Commission and rosecutions to perform their work effectively, and the Director of Public Prosecutions to perform their work effectively, and the Director of Public P rosecutions to perform their work effectively, and rosecutions to perform their work effectively, and the Director of Public P the Director of Public P develop local capabilities.


develop local capabilities.

develop local capabilities.

• Provide the means necessary to create a legal library for the Integrity Provide the means necessary to create a legal library for the Integrity Provide the means necessary to create a legal library for the Integrity Provide the means necessary to create a legal library for the Integrity Commission.

Commission.

Commission.

Commission.
• Provide technical assistance in combating corruption through training and Provide technical assistance in combating corruption through training and Provide technical assistance in combating corruption through training and Provide technical assistance in combating corruption through training and development of capa cities for members of the Commission, the Director of development of capacities for members of the Commission, the Director of cities for members of the Commission, the Director of cities for members of the Commission, the Director of development of capa development of capa Public Prosecutions and the Financial Intelligence Unit.


Public Prosecutions and the Financial Intelligence Unit.

Public Prosecutions and the Financial Intelligence Unit.
• Negotiate the necessary mechanisms to provide functional and financial Negotiate the necessary mechanisms to provide functional and financial Negotiate the necessary mechanisms to provide functional and financial Negotiate the necessary mechanisms to provide functional and financial autonomy to both the Integrity Commission and the Director of Public autonomy to both the Integrity Commission and the Director of Public autonomy to both the Integrity Commission and the Director of Public autonomy to both the Integrity Commission and the Director of Public institutions.
The cutions’ Office to ensure the sustainability of both institutions.

The Prosecutions’ Office to ensure the sustainability of both Prose institutions.

The institutions.
The institutions.

The cutions’ Office to ensure the sustainability of both cutions’ Office to ensure the sustainability of both Prose Prose Integrity Commission would then have a budget allocated by Parliament to Integrity Commission would then have a budget allocated by Parliament to Integrity Commission would then have a budget allocated by Parliament to Integrity Commission would then have a budget allocated by Parliament to ensure its functional independence.

ensure its functional independence.


ensure its functional independence.
• Provide technical assistance to strengthen the investigative capacities of t Provide technical assistance to strengthen the investigative capacities of the he he he Provide technical assistance to strengthen the investigative capacities of t Provide technical assistance to strengthen the investigative capacities of t Integrity Commission, the Financial Intelligence Unit, the Chambers of the Integrity Commission, the Financial Intelligence Unit, the Chambers of the Integrity Commission, the Financial Intelligence Unit, the Chambers of the Integrity Commission, the Financial Intelligence Unit, the Chambers of the Attorney General and the Police Force.
Attorney General and the Police Force Attorney General and the Police Force Attorney General and the Police Force All of these recommendations are consistent with the Commission’s requests to the Executive for amendments to the Act and structure of the Commission for greater effectiveness in fulfilling the mandate of the Act of 2003 [See: Third Annual Report- Appendix 6, pg.

67; Fourth Annual Report, Section 2.11, pg.

11].

The complete Executive Summary http://www.integritycommission.gov.dm/.
is on the Commission’s Website at Attendance at the Regional Conference for Heads of Anti-Corruption Agencies in Tanzania, Africa the Commission, Mr. Julian Johnson was Chairman of the Commonwealth Secretariat to address the Fifth Regional Conference for heads of anti-corruption agencies in Dar-es-Salaam, Tanzania over the period May 25 – 29, invited by 22 Corruption 2015.
Mr. Johnson presented a paper to the conference entitled: ‘AntiAntiAntiAnti----Corruption Corruption Corruption Efforts in the Commonwealth Caribbean’ (Appendix 9) which highlighted the Efforts in the Commonwealth Caribbean Commonwealth Caribbean Commonwealth Caribbean Efforts in the Efforts in the realities of the existing integrity infrastructure and the issues and challenges faced by anti-corruption agencies seeking to implement the provisions of integrity legislation in small island states.
Commission elected to first Executive of the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies The Integrity Commission of Dominica by Chairman Mr. Julian Johnson was elected to the Executive of the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies at its inaugural conference held in Grenada from June 22 – 24, 2015.
The other members of the Executive of the Association are: Chairman – Grenada: Dame Justice Monica Joseph, Chairman - Integrity Chairman Chairman Chairman Commission Deputy Chairman Deputy Chairman – Trinidad and Tobago: Mr. Martin Farrell, Registrar – Deputy Chairman Deputy Chairman Integrity Commission Secretary – Grenada: Mrs. Daniella Williams Mitchell, Commissioner Secretary Secretary Secretary TrTrTrTreasurer easurer – Grenada: Mrs. Daniella Williams Mitchell, Commissioner easurer easurer Members – Jamaica: Mr. Dick Harrison, Contractor General; Turks & Caicos Members Members Members Islands: Mr. Eugene Otuorye Q.
C, Director – Integrity Commission Representative Commonwealth Secretariat: Dr. Roger Koranteng, Representative –––– Commonwealth Secretariat Commonwealth Secretariat Commonwealth Secretariat Representative Representative Governance and Anti-Corruption Adviser.

One of the main purposes of the Association is to facilitate the implementation of best practices’ in law, forensic investigation and accounting.
The Association is of ‘best practices best practices best practices the view that it is vital for persons in public life to function honestly and free from corruption and wrong practices.

As its first assignment, the Association will seek to draft a model integrity Act.
The Conference was held under the theme: ‘Strengthening Integrity Commissions Strengthening Integrity Commissions Strengthening Integrity Commissions Strengthening Integrity Commissions andandandand AntiAntiAntiAnti----corruption Bodies in the Commonwealth Caribbean’ corruption Bodies in the Commonwealth Caribbean’.
Delegates agreed corruption Bodies in the Commonwealth Caribbean’ corruption Bodies in the Commonwealth Caribbean’ and adopted resolutions which included the following: • urge regional Integrity Commissions and Anti-corruption Bodies to maintain their independence, impartiality and professionalism to further enhance their effectiveness; • urge Integrity Commissions and Anti-corruption Bodies to make recommendations to their Governments with a view to expanding and 23 enhancing the legislative frameworks for improved effectiveness of these institutions in the fight against corruption; • call on member Governments to provide adequate financial, technical and human resources to the Integrity Commissions and Anti-corruption Bodies for the prompt and efficient discharge of their statutory functions for the sustainable fight against corruption; recommend Integrity Commissions and Anti-corruption Bodies to engage the media, private sector and the general public in the fight against corruption…’ • [The full Communique dated June 26, 2015 is published on the Commission’s Website: http://www.integritycommission.gov.dm/ ] In the Chairman’s report to the Commission on the Conference, he highlighted the following concerns, issues and advice which emanated from the Conference: • Invited guest, Dr. Edward Hoseah, Director General of Tanzania’s PCCB warned the Integrity Commissions and Anti-Corruption Bodies that staff members of these institutions should be monitored to ensure that they themselves do not become ‘victims of corruption’.
He stated: ‘Like any Like any Like any Like any other human institutions, anti corruption institutions are vulnerable to other human institutions, anti----corruption institutions are vulnerable to corruption institutions are vulnerable to corruption institutions are vulnerable to other human institutions, anti other human institutions, anti manipulation and corruption and that is where the challenges of staff manipulation and corruption and that is where the challenges of staff manipulation and corruption and that is where the challenges of staff manipulation and corruption and that is where the challenges of staff conduct can become compromising to the institution,….Not all staff will be conduct can become compromising to the institution,….Not all staff will be conduct can become compromising to the institution,….Not all staff will be conduct can become compromising to the institution,….Not all staff will be aaaan angel; some will exploit.
So you need to look internally to ensure that n angel; some will exploit.

So you need to look internally to ensure that n angel; some will exploit.

So you need to look internally to ensure that n angel; some will exploit.
So you need to look internally to ensure that staff members remain conscious of their and the institution’s credibility, they staff members remain conscious of their and the institution’s credibility, they staff members remain conscious of their and the institution’s credibility, they staff members remain conscious of their and the institution’s credibility, they should be watched internally and externally.’ should be watched internally and externally should be watched internally and externally should be watched internally and externally • The IC’s and Anti-Corruption Bodies face political interference that seek to neutralize and weaken their functions.
They need to watch out for “internal faultlines” and introduce staff Codes of Conduct.

In Nigeria lie-detector testing was introduced.

Article 36 of UNCAC seeks to guarantee the independence of anti-corruption bodies.

They must be empowered to employ staff and provide specialized training.

• Engage the media – retreat with the media bosses.

Seek to turn criticism into opportunities.


“You must continuously educate the public about the You must continuously educate the public about the You must continuously educate the public about the You must continuously educate the public about the work that you do.” work that you do.” work that you do.” work that you do.” • Members of Parliament can be allies – seek to engage them at meetings.
24 • The IC’s and Anti-Corruption Bodies must strictly adhere to the law and independence and seek develop reputation for professionalism and solidarity and partnership among Heads of such agencies.

.

• It is a monumental task to go after people of power.

IC’s are ‘‘‘‘frontier frontier frontier frontier functionaries functionaries’’’’.

They are empowered to investigate – not to institute functionaries functionaries criminal proceedings.
• Pre-employment screening of potential employees the integrity employment of qualified professional and competent staff; background checks on persons engaged by anti-corruption bodies; “integrity testing” to investigate corrupt practices using undercover agents from outside the jurisdiction.

Finger-print and polygraph testing included as terms of engagement of staff.

to ensure • Disgruntled and disloyal staff is one of the biggest threats to these agencies.
• The integrity of the Commission itself is fundamental to its management of the legislation.

• The ‘Unresponsible Elite’ TRICKYDADIAN”””” personality Unresponsible Elite’ (Lloyd Best) and the ‘TRICKYDADIAN TRICKYDADIAN TRICKYDADIAN Unresponsible Elite’ Unresponsible Elite’ type (V.S.

Naipaul) are also persons in public life.

• Tax relief and fraud against the revenue of the state must be focused on.
Gazetting of all discretionary waivers and the publication of the express provisions of the applicable laws under which they are granted.

• Declarations of assets should be made before Officers of the Court, Notary Public or Justice of the Peace.

Truthful, accurate, full and proper – not false - information available to the person in public life about his assets must be included in the statutory declaration.

There must be no “non-disclosures.” • Public Disclosure Act 2011, No.
3 of 2011 of Jamaica Public Disclosure Act 2011, No.

3 of 2011 of Jamaica is an Act to encourage Public Disclosure Act 2011, No.

3 of 2011 of Jamaica Public Disclosure Act 2011, No.

3 of 2011 of Jamaica and facilitate the making by employees of specified disclosures of improper conduct in the public interest, to protect employees who make specified disclosures from being subjected to occupational detriment – i.e.

subject to disciplinary action, dismissal or demotion.
• Staff employed on competitive basis through public advertisement; psychometrics testing for top candidates.
25 • The Barbados Prevention of Corruption Act 2012 Prevention of Corruption Act 2012 requires a political party Prevention of Corruption Act 2012 Prevention of Corruption Act 2012 which contests a general election to file a declaration with the Commission of the name and address of every financial contributor to the political party and in respect of all contributions made within two years prior to and six months after general elections.
Dominica’s Country Paper on the “Work of the Integrity Commission in the Fight “Work of the Integrity Commission in the Fight “Work of the Integrity Commission in the Fight “Work of the Integrity Commission in the Fight against Corruption” was presented by the Chairman under the following headings: against Corruption” against Corruption” against Corruption” 1.

Functions, powers and duties of the Commission; 2.

Initiatives implemented by the Commission; 3.

The main challenges faced by the Commission; 4.


Results of these initiatives; 5.

Reflections on lessons learnt; and 6.

Recommendations for strengthening integrity administration (Dominica’s Country Paper is at Appendix 10).
The Chairman also delivered a paper and led discussions on “The Independence of “The Independence of “The Independence of “The Independence of in OECS Member States and Recommendations for Integrity Commissions in OECS Member States and Recommendations for Integrity Commissions in OECS Member States and Recommendations for Integrity Commissions in OECS Member States and Recommendations for Integrity Commissions Strengthening the Legislative and Administrative Regime”.
(This paper is published Strengthening the Legislative and Administrative Regime” Legislative and Administrative Regime” Legislative and Administrative Regime” Strengthening the Strengthening the on the Commission’s Website: http://www.integritycommission.gov.dm/ ) Another paper was presented by Commissioner Henry George Dyer, the other delegate at the Conference, on “The Operation of the Integrity in Public Office “The Operation of the Integrity in Public Office Act, Act, Act, Act, “The Operation of the Integrity in Public Office “The Operation of the Integrity in Public Office No.
6 of 2003 of the Commonwealth of Dominica”.

(This paper is at Appendix 11).

No.

6 of 2003 of the Commonwealth of Dominica” No.

6 of 2003 of the Commonwealth of Dominica” No.
6 of 2003 of the Commonwealth of Dominica” Commission’s Chairman makes Presentation at Commonwealth Secretariat’s Director of Public Prosecutions (DPP) Forum on Corruption in St. Lucia, June 30th – July 2nd, 2015 Chairman of the Commission Mr. Julian Johnson at the invitation of the Commonwealth Secretariat in collaboration with the Caribbean Financial Action Task Force (CFATF) Secretariat, attended a forum on Corruption and Economic Crimes and Recovery of Proceeds of Crime for Directors of Public Prosecutions and Heads of Prosecutions of Anti-Corruption Agencies in the Caribbean Region.
The forum was held in St. Lucia from 30th June – 2nd July, 2015.

26 The Chairman participated in a panel discussion on the challenges and the managing of executive interference in investigating and prosecuting corruption related cases with particular reference to politically exposed or highly influential persons.
In his intervention he referred to the law and principles governing the independence of constitutional and statutory oversight bodies, their autonomous powers and functions, the rule of law and the doctrine of the separation of powers embedded in the constitutions and upheld by the jurisprudence of apex Courts in member - states.
It was necessary to ensure that the criminal justice system in all its manifestations is free from political interference and improper influences so that the citizens of CARICOM may always enjoy the full protection of the law.

He emphasized the need to maintain appropriate arm’s length relationship with the Executive in the management of the integrity and anti-corruption infrastructure established by Commonwealth Caribbean Parliaments under their respective enabling Acts.
The Forum was also attended by Ms. Evelina Baptiste the Director of Public Prosecutions of Dominica.

The Chairman’s travel expenses were paid for by COMSEC/CFATF.
Representation at Regional Conferences and Seminars - UNODC Inter-Regional Seminar in Antigua Commissioner Anthony La Ronde and the Research Assistant at the Commission, Mrs. Palestrina Rolle-George attended the ‘UNODC Inter-Regional Seminar on Asset Disclosure in Small Island Developing State’ over the period December 4 and 5, 2014 in St. John's Antigua & Barbuda.
The conference highlighted conflict of interest, asset disclosure and investigation in light of the provisions of the United Nations Convention Against Corruption (UNCAC) which Dominica is signatory to.

Commissioner La Ronde’s travel was not funded from the Commission’s approved budget since there is an outstanding unresolved issue concerning the use of budgeted funds for travel on the business of the Commission.
It is the view of the Ministry of Finance that Commissioners must request permission from the Ministry of Finance for travel on the business of the Commission by submitting the standard travel form used by public officers.

The Commission is of the view, consistent with section 13 of the Act, that Commissioners should not be required to comply with this additional administrative procedure.
27 Meeting with the Honourable Minister for Justice The Chairman Mr. Julian Johnson, on April 22, 2015 held a meeting with Honourable Rayburn Blackmoore Minister for Justice, Immigration and National Security and Mr. Davis Letang, Permanent Secretary to discuss the following matters: 1.

Amendments to the Integrity in Public Office Act, 2003 and the First Schedule thereto; 2.

The administrative structure and staff of the Commission; 3.
Use of the Conference Room of the new building by the Integrity Commission; and 4.

Sixth Annual Report of the Commission (2014) to Parliament At the end of the meeting the following conclusions were arrived at: 1. that the amendments to the First Schedule will be done together with the amendments to the Act.
This was the subject of a cabinet paper being prepared by the Ministry; 2. the staff structure of the Commission would be reviewed together with the amendments to the Act; 3. that Permanent Secretary Mr. Davis Letang would schedule a meeting with the Chief Elections Officer, The Secretary of the Public and Police Service Commission and the Secretary of the Integrity Commission with a view to resolving this matter, urgently; 4. that the Sixth Annual Report would be laid on the table at the next meeting of the House of Assembly.
(The report of the meeting is at Appendix 14); and 5. that a copy of the Commonwealth Model Act approved by Commonwealth Ministers for Legal Affairs and Attorneys General held in Botswana in 2014 be made available to the Permanent Secretary.

28 Administration and Operations Staff of the Commission The Secretariat of the Commission is manned by a staff of five: Secretary, Research Assistant, Executive Officer, Junior Clerk and Office Attendant/Messenger.
Library The Commission’s library of reference books including reports, treaties, conventions and reference material such as legal dictionaries, reports, statutes, digest and forms and precedents on various subjects of the law is available for use by all persons in public life, the media, and other interested persons having regard to the confidentiality requirements of the Office.

Website The Commission’s Website: www.integritycommission.gov.dm is hosted by the ICT Unit.
It is up to date and contains all the Annual Reports of the Commission that have been tabled in the House of Assembly, speeches, presentations and Frequently Asked Questions.

The Office of the Commission – Accommodation Issues In the preceding report, the Commission reported in some detail on the issue of denial of access to the Conference Room on the first floor of the Commission’s Building which was allocated for its use at the time the offices were moved to that building.
During this reporting period more correspondence was exchanged between the Secretary to the Commission, the Permanent Secretary, Ministry of Justice, the Chief Elections Officer and the Secretary – Police & Public Services Commission in an effort to address the issue of access.
To date the matter remains unresolved and the Commission has had to hold its meetings at the Fort Young Hotel at the cost of four thousand three hundred and forty four dollars and thirty cents ($4,344.30) to the Commission during the 2014/2015 year of operation.

29 Acknowledgements The Commission extends profound gratitude to all organizations and people who have facilitated and assisted its work for another year.
Special mention must be made of: • All persons in public life • Staff of the Commission • The Minister for Finance • The Minister for Justice, Immigration and National Security • Attorney General • Financial Secretary and Staff of the Ministry of Finance • The Integrity Commission of Grenada • Mr. Reginald Armour S.C of Trinidad and Tobago • Attorney at Law, Kevin Williams • The Secretary to the Cabinet • The Chief Personnel Officer and staff of the EPTD • The Director of Public Prosecutions • Permanent Secretary – Justice, Immigration and National Security • The staff of the UWI Law Library • The Government Printer • Chief Elections Officer • Mrs. Maureen Peter, Stenotypist • The Head and staff of the ICT Unit, Establishment Department • The Commonwealth Secretariat 30 Signed: (Sgn: Julian N. Johnson Julian N. Johnson)))) Julian N. Johnson Julian N. Johnson (Sgn: (Sgn: (Sgn: JULIAN N. JOHNSON JULIAN N. JOHNSON JULIAN N. JOHNSON JULIAN N. JOHNSON CHAIRMAN CHAIRMAN CHAIRMAN CHAIRMAN Alick B. Lazare)))) (Sgn.
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ALICK B. LAZARE ALICK B. LAZARE ALICK B. LAZARE ALICK B. LAZARE MEMBER MEMBER MEMBER MEMBER VANOULST JNO.

CHARLES VANOULST JNO.

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CHARLES MEMBER MEMBER MEMBER MEMBER Indira St. Jean)))) (Sgn.

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INDIRA ST. JEAN INDIRA ST. JEAN INDIRA ST. JEAN INDIRA ST. JEAN MEMBER MEMBER MEMBER MEMBER ANTHONY P. LA RONDE ANTHONY P. LA RONDE ANTHONY P. LA RONDE ANTHONY P. LA RONDE MEMBER MEMBER MEMBER MEMBER Lennox Jno.

Baptiste)))) (Sgn.

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Henry G. Dyer Henry G. Dyer Henry G. Dyer (Sgn.

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LENNOX JNO.

BAPTISTE LENNOX JNO.

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BAPTISTE MEMBER MEMBER MEMBER MEMBER HENRY G. DYER HENRY G. DYER HENRY G. DYER HENRY G. DYER MEMBER MEMBER MEMBER MEMBER 31 1111 2222 3333 4444 5555 6666 7777 8888 9999 Appendices Appendices Profiles of Commissioners List of persons in public life who demitted office in 2011 List of persons in public life – end of calendar year 2014 Pages 33 – 38 38 39 – 43 49 49 – 50 50 – 59 60 – 64 65 – 69 70 – 77 Persons in public life who failed to file in accordance with the Act for calendar year 2014 43 – 44 Form 3 certificates issued in respect of financial declarations examined for 2014 44– 48 Form 3 certificate issued in respect of financial declaration examined for 2010 Press Statement: The Integrity Commission submits its Sixth Annual Report to Parliament through the Minister for Legal Affairs ‘Operations of the in Dominica – September 2008 to September 2014’ – a paper by the Chairman of the Commission Integrity Commission ‘Anti-corruption Efforts in the Commonwealth Caribbean’ – a paper by the Chairman of the Commission 10101010 11111111 ‘Dominica – Work of the Integrity Commission in the fight against Corruption’ – a paper by the Chairman of the Commission ‘The Operation of the Integrity in Public Office Act No.
6 of in the Commonwealth of Dominica’ a paper by 2003 Commissioner Henry G. Dyer 12121212 Report of the meeting between the Honourable Minister of Justice and the Chairman of the Commission 78 - 82 32 Appendix 1: Profiles of Commissioners JULIAN N. JOHNSON CHAIRMAN ---- JULIAN N. JOHNSON CHAIRMAN JULIAN N. JOHNSON JULIAN N. JOHNSON CHAIRMAN CHAIRMAN Julian N. Johnson, Barrister-at-Law, Solicitor, Mediator of the Eastern Caribbean Supreme Court and Notary Public, has held acting appointments in the office of Registrar General of the Supreme Court in Dominica and in the British Virgin Islands.
He was called to the Bar in Dominica and Tortola, British Virgin Islands in 1988.

He entered the public service in September 1964, was appointed a Permanent Secretary in 1979 and held the offices of Chief Personnel Officer and of Secretary to the Cabinet and Head of the Public Service for 13 years under five administrations before his retirement in August 2004.
He has also served as a part-time tutor in Political Science in the Department of Government at the in Constitutional and Indies on all three campuses and University of the West Administrative Law at the School of Continuing Education, U.W.I.

Dominica in 1990-1991.
His forty years experience in public service spans a spectrum of diplomacy (attending with Prime Ministers and Ministers at regional and international meetings and conferences in the major bilateral and multilateral fora) public management, teaching and human resource development, consumer protection supplies control and disaster management, legal consultancy and research in constitutional and administrative law, including the jurisdiction and functions of the major oversight institutions of the Constitution.
He served as Dominica’s representative on the Executive Board of UNESCO from April 2004 to October 2005 and as Chairman of the National Telecommunications Regulatory Commission (NTRC) from April 2004 to August 2008, Chairman of the Public Service Board of Appeal (April 2005 – April 2008) and Chairman of the Business Environment Task Force (2005 - 2006).

In June 2010, Mr. Johnson was appointed Honorary Consul of the Republic of Finland to the Commonwealth of Dominica.
He was first appointed Chairman of the Commission in September 2008 and for further three-year terms in August 2011 and August 2014.
He holds a Bachelor of Science degree in Economics (Hons) UWI, Jamaica, (1970), a Certificate in Multi-Lateral Diplomacy from the Untied National Institute for Training Research (UNITAR), New York, Geneva and Vienna, (1980), a Bachelor of Laws (LLB) U.W.I, Barbados, (1985) a Certificate in Legal Education from Hugh Wooding Law School, Trinidad & Tobago(1987) and Certificate of Achievement in Mediation Skills Training from the Judicial Education Institute of the ECSCT (November 2004).
In November 2002 he was awarded the Sisserou Award of Honour for meritorious public service to the Commonwealth of Dominica.

33 ALICK LAZARE MEMBER ---- ALICK LAZARE MEMBER ALICK LAZARE ALICK LAZARE MEMBER MEMBER Alick Lazare has more than fifty years experience in public sector management in the Caribbean.
He has held senior positions in the service of the Government of Dominica, including that of Financial Secretary and Fiscal Advisor, and has, since retirement in 1994, served as a consultant in public finance and management within the Caribbean.

He is a senior member of the civil service fraternity in the OECS with considerable experience concerning how economic management works in the region.
As a consultant and advisor he has provided support to a number of regional and international institutions (including the Caribbean Development Bank, the Eastern Caribbean Central Bank, The World Bank, International Monetary Fund, UNDP, CIDA and USAID) in various aspects of public sector reform and economic management.
A major part of his work in the region supported reforms in public sector financial management policies and legislation, with particular emphasis on transparency and accountability in the transacting of public sector business.

His work in reforming public finance legislation has been widely recognized.

In November, 1981 He was awarded the Sisserou Award of Honour for meritorious public service to the Commonwealth of Dominica.
MEMBER: VANOULST JNO.CHARLES MEMBER: VANOULST JNO.CHARLES MEMBER: VANOULST JNO.CHARLES MEMBER: VANOULST JNO.CHARLES Vanoulst Jno Charles is from the village of St Joseph on the west coast of Dominica.

He started his working life as a Schoolteacher then switched to farming and became a prominent citrus and banana farmer.

He has served on a number of Boards of Directors.


Under his leadership as Chairman of the Dominica Banana Marketing Corporation (DBMC) and President of the Windward Islands Banana Growers Association (WINBAN), the Windward Islands banana industry hit its heyday both in terms of export volume and benefit to banana growers.

Most recently, he served as Chairman of the Police Service Commission (PSC).

Mr. Jno Charles was awarded the Sisserou Award of Honour in November 2008.
MEMBER: INDIRA J. ST. JEAN MEMBER: INDIRA J. ST. JEAN MEMBER: INDIRA J. ST. JEAN MEMBER: INDIRA J. ST. JEAN Indira J. St. Jean is a Barrister-at-Law and Solicitor of the Eastern Caribbean Supreme Court having been called to the Dominica Bar in 2008 after graduating from the University of the West Indies, Cave Hill Campus, Barbados; and the Hugh Wooding Law School in Trinidad and Tobago.

She has also been admitted to practice in St. Kitts/Nevis and Anguilla.
Ms. St. Jean is currently the Founder of ‘PRO Legal Research and Solutions’, a two-tier legal practice based in Roseau, Dominica providing legal support services to the legal fraternity as well as a selective range of legal services to individuals and businesses in the areas of Civil Litigation, Corporate & Financial Services, Intellectual Property, Immigration and Real Estate.
34 Additionally, Ms. St. Jean is currently a member of the International Law Firm, ‘Delany & Associates’ based in Barbados, and heads the Dominica office of that Firm with a focus on the jurisdictions of Anguilla, Dominica and St. Kitts and Nevis.
Ms St. Jean was based in Nevis from 2008 to 2012 working for the local leading law Firm of ‘Daniel Brantley & Associates’ where she gained considerable experience having been exposed to the regional and international legal scene serving clients (both corporate and individual) from all over the world.

Ms. St. Jean has appeared before the Magistrate’s Court, the High Court and the Court of Appeal.
Prior to entering the practice of law, she worked briefly with both the Dominica Ministry of Legal Affairs and the Registry of the High Court of the Eastern Caribbean Supreme Court in Dominica.

Ms. St. Jean is also a member of the leading service Club in Dominica, the Rotary Club.
MEMBER ANTHONY P. LA RONDE MEMBER ---- ANTHONY P. LA RONDE ANTHONY P. LA RONDE ANTHONY P. LA RONDE MEMBER MEMBER Anthony P. La Ronde, Barrister at Law, Solicitor and Notary Public was called to the Bar of the Eastern Caribbean Supreme Court (Dominica) in 1985.

He holds a B.A.

General and B.A.

Honours in History from the University of Waterloo, with a minor in Political Science.

He read law at the University of the West Indies, Cave Hill Campus, Barbados and was awarded the LLB.
Thereafter he obtained the Legal Education Certificate from the Hugh Wooding Law School in Trinidad and Tobago.

Mr. La Ronde pursued post graduate studies at the University of the West Indies, Cave Hill Campus, Barbados.

He holds an advanced Diploma in legislative drafting.

He also holds certificates in law reporting and the consolidation of laws.
From 1971 to 2002 Mr. La Ronde worked in the public service of the Commonwealth of Dominica first as a teacher at the primary and high school levels and thereafter as a Barrister at law and Solicitor.

Mr. La Ronde has been a Teaching Assistant in History at the University of Waterloo and a Tutor in Law at the University of the West Indies - Cave Hill Campus and in Political Science at the St Augustine Campus in Trinidad.

He lectured in Law at the University of Guyana.


As a Barrister at Law and Solicitor he held the positions, on full establishment, as a State Attorney, Parliamentary Draftsman, Chief Parliamentary Draftsman and Attorney General in the Commonwealth of Dominica.

As the Attorney General he was a Member of Parliament and the Cabinet of the Commonwealth of Dominica from 1995 to 2002.
He also held temporary appointments as Magistrate, Registrar General and Provost Marshall of the Supreme Court and Director of Public Prosecutions.

35 From 2003 he was a Senior Draftsperson - Legal Consultant at the CARICOM Secretariat in Georgetown, Guyana.

From 2005 to 2009 he was the Officer in Charge/Director of the CARICOM Legislative Drafting Facility at the Secretariat.
Mr. La Ronde holds five specialist Practice Diplomas from the International Bar Association and the College of Law of England and Wales.

The Specialist Practice Diplomas are in the following areas: International Business Organizations; International Mergers and Acquisitions; International Joint Ventures; International Arbitration; International Competition Law.

Consequently he was made a FELLOW of the International Bar Association on the 18th day of October, 2007.
Mr. La Ronde is a trained and practicing Mediator.

He is alo a legal consultant who has worked as such with: • numerous governments, including the Government of Suriname and St. Lucia; • • the Standards Bureau of the Commonwealth of Dominica; International organisations including IICA, ECTEL, USAID, the CARICOM Secretariat, the OECS Secretariat and the Commonwealth Secretariat; and the OECS Supreme Court.

• Mr. La Ronde has been involved in numerous regional and international negotiations.
As a legal practitioner he has appeared before the Magistrate's Court, the High Court, the Court of Appeal.

LENNOX JNO BAPTISTE LENNOX JNO BAPTISTE LENNOX JNO BAPTISTE LENNOX JNO BAPTISTE I have been a Practising Public Accountant and Computerized Accounting System Consultant since 1980.
My accounting experience began in the Dominica Civil Service in 1966, assigned to the Dominica Market Department as an assistant to John Strachan, C. A who had the responsibility of setting up the Accounting system for the said Establishment.

Two years later I was seconded by the Government of Dominica to the newly formed Dominica Agricultural marketing Board (now DEXIA) in the capacity of Assistant Accountant.
I acted as Secretary/Accountant at the DAMB for two years before completing successfully a two year Diploma course in Computerised Accounting and Electronic Data Processing at the Instituto Technico Commerciale de Puerto-Rico.

In 1974 I successfully completed the first final part of the Institute of Administrative Accounting and Data Processing Programme.
I worked with the Dominica Dispensary Co. Ltd from August 1974 until the winding up of the company in 1979 with the main responsibility of collating all sales of Nestle products and recovering long outstanding debts owed to Nestle SA.

36 In May of 1980 I was retained by the USA Agency for International Development to conduct a number of auditing functions under the Emergency Materials Distribution and work program after the passage of Hurricane David.

This exercise revealed 90% accountability.


In November 1980 I appeared on the list of auditors in Dominica and Barbados acceptable to the Inter-American Foundation.
following Accounting Software Configuration and I successfully completed Acc Pac, Great Plains, Real World Implementation Courses during the years 1990 to 2006: Acc Pac, Great Plains, Real World Acc Pac, Great Plains, Real World Acc Pac, Great Plains, Real World and Adagio and Adagio and Adagio and Adagio the Presently, I am a member of the following professional bodies: • Fellow of the Institute of incorporated Public Accountants –Ireland • Fellow of the Institute of Financial Accountants –UK • Member of the Association of Accounting Technicians (ACCA Affiliate) UK • Member of the Institute of Chartered Accountants of the Eastern Caribbean I was also one of the founders of the Belles Combo Cadance Band.
I played the keyboard and bass guitar from 1965 to 1970 MEMBER HENRY DYER MEMBER ---- HENRY DYER HENRY DYER HENRY DYER MEMBER MEMBER Henry George Dyer, L.L.B.

(HONS) C.L.E, S.A.H.

born on the 27th day of January 1939, in the town of Roseau, in the Parish of St. George, in the Commonwealth of Dominica.

Mr. Dyer attended the Dominica Grammar School, and Ryerson Institute (now Ryerson University) of Toronto, Canada, where he graduated with a Certificate in Business Administration, in 1965.
In 1973, he graduated with a L.L.B (HONS) Degree from the Law Faculty of University of the West Indies, and in 1975, he graduated with a Legal education Certificate at the Sir Hugh Wooding Law School in Trinidad and Tobago.

He was the Minister of Communication and Works and Tourism, in the Government of Dominica from 1980-1983.

He held the Post of Vice President of the Dominica Bar Association and Vice Chairman of the Human Rights Institute of the International Bar Association.
He held the posts of Attorney General of Dominica and Minister of Labour and Immigration, Registrar of the Supreme Court in Dominica and Senior Crown Counsel in the Attorney General Chambers in Barbados, Director of Public Prosecutions Dominica.

He was Chairman of the Planning Appeals Board in Dominica, Deputy Chairman of the Dominica Social Security Board and Deputy Chairman of the Dominica Water Authority.

37 He held the post of President of the Roseau Co-operative Credit Union for 4 years.
He was also a Director of the O.E.C.S.

Home Mortgage Bank in St. Kitts.

He was inducted into the WHO’s WHO Historical Society of the U.S.A. for his Professional Accomplishment for the period 2001-2002.

He received the 2nd highest Award, the Sisserou Award of Honour in Dominica.

He was inducted in the Order of the International Ambassadors at the 2010 World Forum at St. John’s College Cambridge England where he received a Gold Medal.
He delivered a paper on the need for the De-Linking of Dominica from the Privy Council, which was organized by the American Biographical Institute and the International Biographical Centre, England.

He has represented Dominica and the Cava Hill Campus of the University of the West Indies in both Football and Cricket and was Captain of the Commonwealth Cricket Club of Toronto, Canada, Captain of both Cricket and Football of the Blackburn Sports Club of Roseau, Dominica.
Appendix 2: List of Persons in Public Life who demitted office in 2011 1.

George, Nicholas George, Nicholas George, Nicholas George, Nicholas Gazetted Police Officer (Past) 2.

Dailey, Julius Dailey, Julius Julius Julius Dailey, Dailey, General Manager of a Public Institution 3.

Roberts, Claudine Roberts, Claudine Roberts, Claudine Roberts, Claudine Chief Technical Officer – Local Government Commissioner (Ag.)

(Past) 4.
(Past) 4.

Sanford, Claudius Sanford, Claudius Member of the House of the Assembly Sanford, Claudius Sanford, Claudius 5.

Joseph, Francis Joseph, Francis Joseph, Francis Joseph, Francis Chairman of a public institution 38 Appendix 3: List of persons in public life – End of calendar year 2014 NameNameNameName Aird, Jennifer Albert, Patrickson Alexander, Stephenson 1.1.1.1.

2.2.2.2.

3.3.3.3.
2.2.2.2.

3.3.3.3.

Office Office Office Office Chairman of a public institution Gazetted Police officer Chief Technical Officer – Executive Director, Small Business Gazetted Police Officer Permanent Secretary (Ag.)
(Past) Chairman of a public institution Gazetted Police Officer Minister of Government Chief Technical officer – Director Drug Prevention unit Member of the House of Assembly (Past) Minister of Government General Manager of a public institution Chairman of a public institution Member of the House of Assembly Permanent Secretary (Past) Minister of Government (Past) Chief Technical Officer – Director of Trade (Past) Chairman of a public institution Chief Technical Officer – President’s Secretary Permanent Secretary (Ag.)
Minister of Government Chairman of a public institution Superintendent of Prisons Chief Technical Officer - Hospital Medical Director (Ag.)

Minister of Government Speaker, House of Assembly Chief Technical Officer Chairman of a public institution (Past) Chief Technical Officer - Director of Agriculture (Ag.)

Permanent Secretary (Past) Chairman of a public institution 4.4.4.4.

Alexander, Yvonne 5.5.5.5.

Allport, Ruth 6.6.6.6.

Andre, Lennard 7.7.7.7.

Andrew, David 8.8.8.8.

Austrie, Reginald 9.9.9.9.


Bannis, Jacinta 10.10.10.10.

Baptiste, Dayton 11.11.11.11.

Baron, Francine 12.12.12.12.

Bardouille, Benoit 13.13.13.13.

Bardouille, Larry 14.14.14.14.

Bazil, Ezekiel 15.15.15.15.

Bellot, Claudia 16.16.16.16.

Bernard, Alvin 17.17.17.17.

Bethelmie, Wellsworth 18.18.18.18.

Birmingham, Marvlyn 19.19.19.19.

Blackmoore, Donille 20.20.20.20.

Blackmoore, Lucien 21.21.21.21.

Blackmoore, Rayburn 22.22.22.22.

Blaize-Jones Lucia 23.23.23.23.


Blanc, Dennis 24.24.24.24.

Blanc, Dr. Ruby 25.25.25.25.

Blanchard, Mirium 26.26.26.26.

Boyd-Knights, Alix 27.27.27.27.

Browne, Rosie 28.28.28.28.

Brumant, Heskeith 29.29.29.29.

Brumant, Ricky 30.30.30.30.

Bruno, Nicholas 31.31.31.31.

Bully, Collin 32.32.32.32.

Burnett-Biscombe, Anthony Chairman of a public institution (Past) 33.33.33.33.

Burton, Gerald 34.34.34.34.

Burton, Minchinton 35.35.35.35.


Cadette, Sylvester Chairman of a public institution Chief Technical Officer – Director of Forestry Chief Technical Officer - Director of Telecommunications (Past) Gazetted Police Officer – Chief of Police Gazetted Police Officer Chief of Police (Past) 36.36.36.36.

Carbon, Daniel 37.37.37.37.

Carrette, Cyril 39 38.38.38.38.

Carrette, Samuel 39.39.39.39.

Catin, Raphael 40.40.40.40.

Celaire, Rhoda 41.41.41.41.

Christmas, Martin 42.42.42.42.


Christian, Clarence 43.43.43.43.

Charles, Justina 44.44.44.44.

Charles, Martin 45.45.45.45.

Charter, Algernon 46.46.46.46.

Clarendon, Hannah 47.47.47.47.

Corbette, Julius 48.48.48.48.

Cuffy, Matthew 49.49.49.49.

Daniel, Catherine 50.50.50.50.

Darroux, Cassius 51.51.51.51.

Darroux, Kelvar 52.52.52.52.

Darroux, Kenneth 53.53.53.53.

David, Jacinta 54.54.54.54.

David, John A. C. 55.55.55.55.

Douglas, Eisenhower 56.56.56.56.

Douglas, Ian 57.57.57.57.


Drigo, Johnson 58.58.58.58.

Dublin, Damian 59.59.59.59.

Dupuis, Josiah 60.60.60.60.

Edwards, Annie 61.61.61.61.

Edwards, Irma 62.62.62.62.

Edwards, Rosemund 63.63.63.63.

Ettinoffe, Bernard 64.64.64.64.

Eusebe, Jones 65.65.65.65.

Fagan, Mandra 66.66.66.66.

Felix Grant, Colleen 67.67.67.67.

Gregoire, Felix 68.68.68.68.

Ferrol, Eleanor 69.69.69.69.

Ferrol, Steve 70.70.70.70.

Fevrier, Willie 71.71.71.71.

Fontaine, John 72.72.72.72.

Fontaine, Melena 73.73.73.73.


Francis, Joshua 74.74.74.74.

Francis, Titus 75.75.75.75.

George, Ambrose 76.76.76.76.

George, Margaret 77.77.77.77.


Graneau, Ashton 40 Permanent Secretary (Past) Assistant Superintendent of Prisons Permanent Secretary (Past) Chief Technical Officer - Director Primary Health Care (Past) Chief Technical Officer – Director of Audit Minister of Government Chairman of a public institution Superintendent of Prisons (Past) Chairman of a public institution Managing Director of public institution Gazetted Police Officer (Ag.)
Minister of Government Minister of Government Minister of Government Minister of Government Chief Technical Officer – Chief Cultural Officer (Ag.)

Gazetted Police Officer Permanent Secretary (Past) Minister of Government Minister of Government Chairman of a public institution Chief Fire Officer Chief Technical Officer – Chief Physical Planner (Ag.)
(Past) Permanent Secretary – Chief Personnel Officer Permanent Secretary – Financial Secretary General Manager of a public institution Deputy Chief Fire Officer (Past) Permanent Secretary Chairperson of a public institution Permanent Secretary – Secretary to the Cabinet (Past) Chief Technical Officer – Sec., Public & Police Services Comm.
Permanent Secretary – Secretary to the Cabinet Chairman of a public institution Chief Technical Officer – Local Government Commissioner Chief Technical Officer – Chief Technical Officer (Ag.)

Member of the House of Assembly Chairman of a public institution Minister of Government (Past) Chairman of a public institution (Past) Minister of Government (Past) 78.78.78.78.

Green, Ronald 79.79.79.79.

Guiste, Harold 80.80.80.80.

Henderson, Edward 81.81.81.81.

Henry, Eddison 82.82.82.82.


Hyacinth, Steve 83.83.83.83.

Isaac, Joseph 84.84.84.84.

Irish, Ainsworth 85.85.85.85.

Isidore, Ronald 86.86.86.86.

James, Edison 87.87.87.87.

Jean-Jacques, Tammy 88.88.88.88.

Jean-Jacques-Thomas, Janice 89.89.89.89.

Jno.

Baptiste, Hobbes 90.90.90.90.

Jno.

Charles, Vanoulst 91.91.91.91.

John, Clem 92.92.92.92.

John, Hector 93.93.93.93.

John, Steve 94.94.94.94.

Johnson, Dr. David 95.95.95.95.

Johnson, Julian N 96.96.96.96.

Johnson, Kendell 97.97.97.97.


Jolly, Aurelius 98.98.98.98.

Joseph, Anthony 99.99.99.99.
Joseph, Hubert 100.100.100.100.Lafond, Jennifer 101.101.101.101.Lambert, Bernadette 102.102.102.102.Lambert, Edward 103.103.103.103.Lambert, Eleanor 104.104.104.104.La Rocque, Stephen 105.105.105.105.Laudat, Michael 106.106.106.106.Lawrence, Angela 107.107.107.107.Lawrence, John Bristol 108.108.108.108.Lawrence, Jones 109.109.109.109.Lawrence, Raymond 110.110.110.110.Leblanc, Mathew 111.111.111.111.Lestrade Marcus 112.112.112.112.Letang, Davis 113.113.113.113.Letang, Rhoda 114.114.114.114.Linton, Lennox 115.115.115.115.Lugay, Daniel 116.116.116.116.Magloire, Andrew 117.117.117.117.Magloire-Akpa, Sonia 118.118.118.118.Martin, Sam 119.119.119.119.McIntyre, Colin 120.120.120.120.Meade, Brian 41 Member of the House of Assembly (Past) Permanent Secretary (Ag.)
Chief Technical Officer – Ministry of Tourism General Manager of a public institution Permanent Secretary Member of the House of Assembly Gazetted Police Officer (Past) Member of the House of Assembly (Past) Member of the House of Assembly (Past) Member of the House of Assembly (Past) Managing Director of a public institution Gazetted Police Officer Chairman of a public institution (Past) Chairman of a public institution Member of the House of Assembly Managing Director of a public institution Chief Technical Officer – Chief Medical Officer Chairman of a public institution Chief Technical Officer – Ministry of Public Works Chairman of a public institution Chairman of a public institution Chairman of a public institution (Past) Permanent Secretary (Past) Chairman of a public institution Advisor to the Prime Minister Chairman of a public institution Chief Technical Officer – Chief Elections Officer Gazetted Police Officer (Past) Chairman of a public institution General Manager of a public institution (Past) Deputy Fire Chief (Ag.)
Chief Technical Officer – Chief Cultural Officer (Past) Chief Technical Officer – Labour Commissioner Chief Technical Office- Director of Surveys Permanent Secretary Managing Director of a public institution Member of the House of Assembly Member of the House of Assembly Chief Technical Officer – Chief Fisheries Officer Chief Technical Officer – Director, Political Affairs Member of the House of Assembly (Past) Minister of Government Chairman of a public institution 121.121.121.121.Mitchel, Florian 122.122.122.122.Monell, Al 123.123.123.123.Moses, Paul 124.124.124.124.Munroe, Ian 125.125.125.125.Nassief, Yvor 126.126.126.126.Paul, Roslyn 127.127.127.127.Pemberton, Patrick 128.128.128.128.Peter, Levi 129.129.129.129.Pierre, Nelson 130.130.130.130.Pinard, Ian 131.131.131.131.Piper, Colin 132.132.132.132.Powell, Marcella 133.133.133.133.Prevost, Careen 134.134.134.134.Prevost, Joan 135.135.135.135.Prevost, Norris 136.136.136.136.Raymond, Vernanda 137.137.137.137.Rolle, Kelvin 138.138.138.138.Royer, Bentley 139.139.139.139.Royer, Helen 140.140.140.140.Savarin, Charles 141.141.141.141.Scotland, Anthony 142.142.142.142.Scotland-Andrew, Mayna 143.143.143.143.Severin, Duke 144.144.144.144.Shillingford, Dorian 145.145.145.145.Shillingford, Gloria 146.146.146.146.Shillingford Juliette 147.147.147.147.Skerrit, Roosevelt 148.148.148.148.Southwell, Dermott 149.149.149.149.St.
Jean, Petter 150.150.150.150.Stephenson, Ivor 151.151.151.151.Sylvester, Ambrose 152.152.152.152.Thomas, Bennett 153.153.153.153.Thomas, Esther 154.154.154.154.Thomas, Felix 155.155.155.155.Thomas, Gregoire 156.156.156.156.Thomas, Kingsley 157.157.157.157.Timothy, Julius 158.158.158.158.Tonge, Robert 159.159.159.159.Toulon, Ronald 160.160.160.160.Valerie, Davidson 161.161.161.161.Vigilante, Stafford, 162.162.162.162.Walter, Matthan 42 General Manager of a public institution Chief Technical Officer – Director, Financial Services Unit (Past) Chairman of a public institution Chairman of a public institution Chairman of a public institution (Past) Minister of Government Chairman of a public institution Member of the House of Assembly Chairman of a public institution Minister of Government Managing Director of a public institution Permanent Secretary (Ag.)
Chairman of a public institution Member of the House of Assembly (Past) Chief Technical Officer – Clerk of the House of Assembly Chief Technical Officer – Chief Physical Planner Member of the House of Assembly (Past) Permanent Secretary Minister of Government (Past) Chief Technical Officer – Chief Environmental Health Officer Chief Technical Officer - Chief Protocol Officer Gazetted Police Officer (Past) Chairman of a public institution Minister of Government (Past) Chairman of a public institution Minister of Government Chairman of a public institution Minister of Government Parliamentary Secretary Chairman of a public institution (Past) Chief Technical Officer - Director of Telecommunications Permanent Secretary Chairman of a public institution General Manager of a public Institution General Manager of a public institution/ (Past) Minister of Government (Past) Minister of Government Member of the House of Assembly (Past) Gazetted Police Officer Gazetted Police Officer Chief Technical Officer – Director of Trade (Ag.)
163.163.163.163.Walter, Matthew 164.164.164.164.Weekes, Claude 165.165.165.165.Williams, Anthony 166.166.166.166.Williams, Cuffy 167.167.167.167.Williams, Eluid 168.168.168.168.Williams, Geneta 169.169.169.169.Williams, Joseph 170.170.170.170.Williams, Merina 171.171.171.171.Williams, Monell 172.172.172.172.Winston, Curtiss Minister of Government (Past) Gazetted Police Officer Deputy Chief Fire Officer (Ag) Gazetted Police Officer Chairman of a public institution (Past) Chief Technical Officer - Hospital Services Coordinator Gazetted Police Officer Chief Technical Officer - Chief Elections Officer (Past) Member of House of Assembly Chairman of a public institution Appendix 4: Persons in public life who failed to file in accordance with the Act for calendar year 2014 INTEGRITY IN PUBLIC OFFICE ACT 2003, No.
6 OF INTEGRITY COMMISSION NOTICE ---- INTEGRITY IN PUBLIC OFFICE ACT 2003, No.

6 OF INTEGRITY COMMISSION NOTICE INTEGRITY IN PUBLIC OFFICE ACT 2003, No.

6 OF INTEGRITY IN PUBLIC OFFICE ACT 2003, No.
6 OF INTEGRITY COMMISSION NOTICE INTEGRITY COMMISSION NOTICE 2003: FAILURE TO FILE DECLARATIONS BY 31stststst March 2015 March 2015 2003: FAILURE TO FILE DECLARATIONS BY 31 March 2015 March 2015 2003: FAILURE TO FILE DECLARATIONS BY 31 2003: FAILURE TO FILE DECLARATIONS BY 31 In keeping with the provisions of section 22 of the Integrity in Public Office Act 2003, it is hereby notified that the following persons in public life failed to file declarations for the period ended December 31, 2014 in accordance with the Act.
Under section 22 of the Act a report of that fact shall be sent to the Director of Public Prosecutions for further action.

The names of these persons in public life are published hereunder: 1.1.1.1.

Andre, Lennard 2.2.2.2.

Wellsworth, Bethelmie Chief Technical Officer (Director of Trade - Past) 3.3.3.3.

Browne, Rosie 4.4.4.4.


Cadette, Sylvester Chairman of a public institution Chief Technical Officer (Director, Women's Bureau) Chief Technical Officer (Director of Telecommunications – Past) Chief Technical Officer (Director Primary Health Care – Past) Chief Technical Officer (Director of Audit) Gazetted Police Officer Chief Technical Officer (Chief Physical Planner – Ag.

– Past) Deputy Chief Fire Officer (Past) Chief Technical Officer (Chief Education Officer - Ag.)
Minister of Government (Past) General Manager of a public institution (Past) Deputy Chief Fire Officer Chairman of a public institution Managing Director of a public institution Minister of Government (Past) 5.5.5.5.

Christmas, Martin 6.6.6.6.

Christian, Clarence 7.7.7.7.

Cuffy, Matthew 8.8.8.8.

Edwards, Annie 9.9.9.9.

Eusebe, Jones 10.10.10.10.

Fontaine, Melena 11.11.11.11.

Graneau, Ashton 12.12.12.12.

Henry, Edison 13.13.13.13.

Lawrence, Jones 14.14.14.14.

Meade, Brian 15.15.15.15.


Piper, Colin 16.16.16.16.

Savarin, Charles 43 17.17.17.17.

Shillingford, Juliette 18.18.18.18.

Sylvester, Ambrose 19.19.19.19.

Thomas, Kingsley 20.20.20.20.

Toulon, Ronald 21.21.21.21.

Williams, Anthony 22.22.22.22.

Williams, Geneta 23.23.23.23.

Nassief, Yvor 24.24.24.24.

Pemberton, Patrick 25.25.25.25.

Francis, Titus 26.26.26.26.

Mitchel, Florian 27.27.27.27.


Walter, Matthan Chairman of a public institution Chairman of a public institution (Past) General Manager of a public institution (Past) Member of the House of Assembly (Past) Deputy Chief Fire Officer (Past) Chief Technical Officer (Hospital Services Coordinator) Chairman of a public institution (Past) Chairman of a public institution (Past) Chairman of a public institution General Manager of a public institution Chief Technical Officer (Director of Trade Ag.)
(Signed: Helen Ambo) (Signed: Helen Ambo) (Signed: Helen Ambo) (Signed: Helen Ambo) SECRETARY SECRETARY SECRETARY SECRETARY INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION File: IC.530-03 Appendix 5: Form 3 Certificates issued DECLARATIONS CERTIFIED WITH RESPECT TO PERIOD ENDED DECLARATIONS CERTIFIED WITH RESPECT TO PERIOD ENDED DECLARATIONS CERTIFIED WITH RESPECT TO PERIOD ENDED DECLARATIONS CERTIFIED WITH RESPECT TO PERIOD ENDED 20202020THTHTHTH FEBRUARY, 2015 FEBRUARY, 2015 FEBRUARY, 2015 FEBRUARY, 2015 The Integrity Commission hereby certifies that it has examined the declarations submitted by the following persons in public life with respect to the period ended 20202020thththth February, February, February, February, 2015 2015 and is satisfied that full disclosure was made in accordance with the Act.
Certificates 20152015 were issued to them as provided for by section 14(4) of the Act.

1.1.1.1.

Baptiste, Isaac 2.2.2.2.

Benoit, Jahisiah 3.3.3.3.

Fontaine, Thomson 4.4.4.4.

Registe, Edward - - - - Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly (Signed: Cheryl Roberts ) (Signed: Cheryl Roberts ) (Signed: Cheryl Roberts ) (Signed: Cheryl Roberts ) SECRETARY (Ag.)

SECRETARY (Ag.)

SECRETARY (Ag.)

SECRETARY (Ag.)
INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION 44 DECLARATIONS CERTIFIED WITH RESPECT TO DECLARATIONS CERTIFIED WITH RESPECT TO DECLARATIONS CERTIFIED WITH RESPECT TO DECLARATIONS CERTIFIED WITH RESPECT TO CALENDAR YEAR ENDED DECEMBER 31, 2014 CALENDAR YEAR ENDED DECEMBER 31, 2014 CALENDAR YEAR ENDED DECEMBER 31, 2014 CALENDAR YEAR ENDED DECEMBER 31, 2014 The Integrity Commission hereby certifies that it has examined the declarations submitted by the following persons in public life with respect to year ended 31st December, 2014, and is satisfied that full disclosure had been made in accordance with the Act.
Certificates were issued to them as provided for by section 14(4) of the Act.

1.1.1.1.

Aird, Jennifer 2.2.2.2.

Albert, Patrickson 3.3.3.3.

Alexander, Yvonne 4.4.4.4.

Allport, Ruth 5.5.5.5.

Andrew, David 6.6.6.6.

Austrie, Reginald 7.7.7.7.

Bannis, Jacinta 8.8.8.8.

Baptiste, Dayton 9.9.9.9.

Bardouille, Benoit 10.10.10.10.

Bardouille, Larry 11.11.11.11.

Baron, Francine 12.12.12.12.

Bazil, Ezekiel 13.13.13.13.

Bellot, Claudia 14.14.14.14.

Birmingham, Marvlyn 15.15.15.15.


Blackmoore, Donille 16.16.16.16.

Blackmoore, Lucien 17.17.17.17.

Blackmoore, Rayburn 18.18.18.18.

Blaize-Jones, Lucia 19.19.19.19.

Blanc, Denis 20.20.20.20.

Blanc, Dr. Ruby 21.21.21.21.

Blanchard, Mirium 22.22.22.22.

Boyd-Knights, Alix 23.23.23.23.

Brumant, Heskeith 24.24.24.24.

Brumant, Ricky 25.25.25.25.

Bruno, Nicholas 26.26.26.26.

Bully, Collin 27.27.27.27.

Burnett-Biscombe, Anthony 28.28.28.28.

Burton, Gerald 29.29.29.29.

Burton, Minchinton 30.30.30.30.


Carbon, Daniel 31.31.31.31.

Carrette, Cyril 32.32.32.32.

Carrette, Samuel 33.33.33.33.

Catin, Raphael 34.34.34.34.

Celaire, Rhoda 35.35.35.35.

Charles, Martin 36.36.36.36.

Charles, Justina 37.37.37.37.

Charter, Algernon 38.38.38.38.
Clarendon, Hannah 45 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Chairman of a public institution (Past) Gazetted Police Officer Gazetted Police Officer Permanent Secretary (Past) Gazetted Police Officer Minister of Government Chief Technical Officer/Director, Drug Prevention Unit Member of the House of Assembly (Past) Managing Director of a public institution Chairman of a public institution Minister of Government Member of the House of Assembly Permanent Secretary (Past) Chairman of a public institution Chief Technical Officer – President’s Secretary Permanent Secretary Minister of Government Chairman of a public institution Superintendent of Prisons Chief Technical Officer/Hospital Medical Director (Ag.)
Minister of Government Speaker of the House of Assembly Chairman of a public institution (Past) Chief Technical Officer/Director of Forestry (Ag.)
Permanent Secretary (Past) Chairman of a public institution Chairman of a public institution (Past) Chairman of a public institution Chief Technical Officer/ Director of Forestry Gazetted Police Officer Gazetted Police Officer (Past) Permanent Secretary (Past) Assistant Superintendent of Prisons Permanent Secretary (Past) Chairman of a public institution Minister of Government Superintendent of Prisons (Past) Chairman of a public institution 39.39.39.39.

Corbette, Julius 40.40.40.40.


Daniel, Catherine 41.41.41.41.

Darroux, Casius 42.42.42.42.

Darroux, Kelvar 43.43.43.43.

David, Jacinta 44.44.44.44.

David, John 45.45.45.45.

Douglas, Eisenhower 46.46.46.46.

Dublin, Dr. Damian 47.47.47.47.

Dupuis, Josiah 48.48.48.48.

Edwards, Annie 49.49.49.49.

Edwards, Irma 50.50.50.50.

Edwards, Rosamund 51.51.51.51.

Ettinoffe, Bernard 52.52.52.52.

Fadelle, Juliette Shillingford 53.53.53.53.

Fagan, Mandra 54.54.54.54.

Felix-Grant, Colleen 55.55.55.55.


Ferrol, Eleanor 56.56.56.56.

Ferrol, Steve 57.57.57.57.

Fevrier, Willie 58.58.58.58.

Fontaine, John - - - - - - - - - - - - - - - - - - - 59.59.59.59.

George, Ambrose - 60.60.60.60.

George, Margaret - 61.61.61.61.

Green, Ronald - 62.62.62.62.

Gregoire, Felix - 63.63.63.63.

Guiste, Harold - 64.64.64.64.

Henderson, Edward - 65.65.65.65.

Henry, Edison - 66.66.66.66.

Hyacinth, Stephenson - 67.67.67.67.

Irish, Ainsworth - 68.68.68.68.

Isaac, Joseph - 69.69.69.69.


Isidore, Ronald - 70.70.70.70.

James, Edison - 71.71.71.71.

Jean-Jacques -Thomas, Janice 72.72.72.72.

Jean-Jacques, Tammy - 73.73.73.73.

Jno.

Baptiste, Hobbes - 74.74.74.74.

Jno.

Charles, Vanoulst - 75.75.75.75.

John, Clem - 76.76.76.76.

John, Hector - 77.77.77.77.

John, Steve - 78.78.78.78.

Johnson, Dr. David - 79.79.79.79.

Johnson, Julian - 80.80.80.80.

Jolly, Aurelius - 81.81.81.81.

Joseph Anthony - 82.82.82.82.

Joseph, Hubert ( Micky) - 83.83.83.83.


Joseph, Rhoda - 84.84.84.84.
La Rocque, Steven - 46 General Manager of a public institution Minister of Government Minister of Government Minister of Government Chief Technical Officer/ Chief Cultural Officer Gazetted Police Officer Permanent Secretary Chairman of a public institution Chief Fire Officer Chief Technical Officer / Chief Physical Planner (Past) Permanent Secretary Permanent Secretary/Financial Secretary General Manager of a public institution Chairman of a public institution Permanent Secretary Chairman of a public institution Chief Technical Officer/Secretary, Public and Police Commission Permanent Secretary Chairman of a public institution Chief Technical Officer/Local Government Commissioner Minister of Government (Past) Chairman of a public institution (Past) Member of the House of Assembly (Past) Permanent Secretary (Past) Permanent Secretary (Ag) Chief Technical Officer – Ministry of Tourism General Manager of a public institution Permanent Secretary Gazetted Police Officer Member of the House of Assembly Member of the House of Assembly (Past) Member of the House of Assembly (Past) Managing Director of a public institution Member of the House of Assembly (Past) Gazetted Police Officer Chairman of a public institution (Past) Chairman of a public institution Member of the House of Assembly General Manager of a public institution Chief Technical Officer/Chief Medical Officer Chairman of a public institution Chairman of a public institution Chairman of a public institution Chairman of a public institution (Past) Managing Director of a public institution Chief Technical Officer/Chief Elections Officer 85.85.85.85.
Lafond, Wallace Jennifer 86.86.86.86.

Lambert, Bernadette 87.87.87.87.

Lambert, Edward 88.88.88.88.

Lambert, Elenore 89.89.89.89.

Laudat, Michael 90.90.90.90.

Lawrence, Angela 91.91.91.91.

Lawrence, John Bristol 92.92.92.92.

Lawrence, Raymond 93.93.93.93.

Leblanc, Matthew 94.94.94.94.

Lestrade, Marcus 95.95.95.95.

Letang, Davis 96.96.96.96.

Linton, Lennox 97.97.97.97.

Lugay, Daniel 98.98.98.98.

Magloire- Akpa Sonia 99.99.99.99.

Martin, Sam 100.100.100.100.

McIntyre, Collin 101.101.101.101.


Monelle, Al 102.102.102.102.

Moses, Paul 103.103.103.103.

Munro, Ian 104.104.104.104.

Paul, Roslyn 105.105.105.105.

Peter, Levi 106.106.106.106.

Pierre, Nelson 107.107.107.107.

Pinard, Ian 108.108.108.108.

Piper, Colin 109.109.109.109.

Powell, Marcella 110.110.110.110.

Prevost, Careen 111.111.111.111.

Prevost, Joan 112.112.112.112.

Prevost, Norris 113.113.113.113.

Raymond, Vernanda 114.114.114.114.


Rolle, Kelvin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 115.115.115.115.

Royer, Helen - 116.116.116.116.

Royer, Julien Bentley - 117.117.117.117.

Saint-Jean, Petter - 118.118.118.118.

Scotland-Andrew, Mayna - 119.119.119.119.

Scotland, Martin Anthony - 120.120.120.120.

Severin, Duke 121.121.121.121.

Shillingford, Dr. Dorian 122.122.122.122.

Shillingford, Gloria 123.123.123.123.

Skerrit, Roosevelt 124.124.124.124.


Southwell, Dermott 125.125.125.125.

Stephenson, Alexander 126.126.126.126.

Stephenson, Ivor 127.127.127.127.
Sylvester, Ambrose - - - - - - - - 47 Permanent Secretary (Past) Chairman of a public institution Advisor to the Prime Minister Chairman of a public institution Gazetted Police Officer Chairman of public institution General Manager of a public institution (Past) Chief Technical Officer/Chief Cultural Officer (Past) Chief Technical Officer/Labour Commissioner Chief Technical Officer/Director of Surveys Permanent Secretary Member of the House of Assembly Member of the House of Assembly Chief Technical Officer/Director Political Affairs Member of the House Assembly (Past) Minister of Government Chief Technical Officer/ Director, FSU (Past) Chairman of a public institution Chairman of a public institution Minister of Government Member of the House of Assembly Chairman of a public institution Minister of Government Managing Director of a public institution Permanent Secretary Permanent Secretary Chairman of a public institution Member of the House of Assembly (Past) Chief Technical Officer /Clerk of the House of Assembly Chief Technical Officer/ Chief Physical Planner Permanent Secretary Member of the House of Assembly Minister of Government Chief Technical Officer/Chief Protocol Officer Chief Technical Officer/Chief Environmental Health Officer Gazetted Police Officer Chairman of a public institution Minister of Government (Past) Minister of Government Chairman of a public institution Chairman of a public institution Parliamentary Secretary Chairman of a public institution (Past) Chief Technical Officer/Director of Telecommunications Permanent Secretary Chairman of public institution General Manager of a public institution Minister of Government (Past) Minister of Government Gazetted Police Officer Gazetted Police Officer Minister of Government (Past) Gazetted Police Officer Gazetted Police Officer Chairman of a public institution (Past) Gazetted Police Officer Chief Technical Officer/Chief Elections Officer (Past) Member of the House of Assembly Chairman of a public institution - - - - - - - - - - - - - - - - 128.128.128.128.
Bennette, Thomas 129.129.129.129.

Thomas, Esther 130.130.130.130.

Thomas, Felix 131.131.131.131.

Thomas, Gregoire 132.132.132.132.

Timothy, Julius 133.133.133.133.

Tonge, Robert 134.134.134.134.

Valerie, Davidson 135.135.135.135.

Vigilant, Stafford 136.136.136.136.

Walter, Matthew 137.137.137.137.

Weekes, Claude 138.138.138.138.

Williams, Cuffy 139.139.139.139.

Williams, Eluid 140.140.140.140.

Williams, Joseph 141.141.141.141.

Williams, Merina 142.142.142.142.


Williams, Monelle 143.143.143.143.

Winston, Curtiss (Signed: Cheryl Roberts) SECRETARY (Ag.)

SECRETARY (Ag.)

SECRETARY (Ag.)

SECRETARY (Ag.)

INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION August 19, 2015 Ref.

IC.530-03 48 Appendix 6: Official Gazette Notice – Form 3 Certificate issued re financial declaration for 2010 GAZETTE NOTICE GAZETTE NOTICE GAZETTE NOTICE GAZETTE NOTICE INTEGRITY IN PUBLIC OFFICE ACT 2003, NO.
6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT 2003, NO.

6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT 2003, NO.

6 OF 2003: INTEGRITY IN PUBLIC OFFICE ACT 2003, NO.
6 OF 2003: FACT OF CERTIFICATION PUBLIC LIFE –––– FACT OF CERTIFICATION PERSONS IN PUBLIC LIFE PERSONS IN FACT OF CERTIFICATION FACT OF CERTIFICATION PUBLIC LIFE PUBLIC LIFE PERSONS IN PERSONS IN The Integrity Commission hereby certifies that it has examined the declaration submitted by the following person in public life (past) and is satisfied that a full disclosure has been made in accordance with the Act.
A certificate was issued to him as provided for by section 14(4) of the Act with respect to the year certified Person in public life Person in public life Person in public life Person in public life Designation Designation Designation Designation Charles Savarin Minister of Government (Past) Year of certification Year of certification Year of certification Year of certification Year ending… Year ending… Year ending… Year ending… December 31, 2010 (Signed: H. Ambo) SECRETARY SECRETARY SECRETARY SECRETARY INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION INTEGRITY COMMISSION File: IC 140/02 Date: March 16, 2015 Appendix 7: Press Statement THE INTEGRITY COMMISSION SUBMITS ITS SIXTH ANNUAL REPORT TO PARLIAMENT THE INTEGRITY COMMISSION SUBMITS ITS SIXTH ANNUAL REPORT TO PARLIAMENT THE INTEGRITY COMMISSION SUBMITS ITS SIXTH ANNUAL REPORT TO PARLIAMENT THE INTEGRITY COMMISSION SUBMITS ITS SIXTH ANNUAL REPORT TO PARLIAMENT THROUGH THE MINISTER FOR LEGAL AFFAIRS THROUGH THE MINISTER FOR LEGAL AFFAIRS THROUGH THE MINISTER FOR LEGAL AFFAIRS THROUGH THE MINISTER FOR LEGAL AFFAIRS As mandated by section 48 of the Integrity in Public Office 2003, the Integrity Commission has submitted its Sixth Annual Report for the past operational year to the Minister for Legal Affairs.
The Minister is required to table the Report in the House of Assembly not later than three months following its receipt.

The Sixth Annual Report highlights the activities of the Commission over the period September 1, 2013 to August 31, 2014.

It includes information on how the 157 persons in public life for calendar year 2013 complied with section 14 of the Act which requires them to file declarations of income, assets and liabilities with the Commission.
The report also provides updates on a couple of pending court matters to which the Commission is party.

In April of this year, Ms. Indira St. Jean joined the Commission replacing Mr. Davidson Bruney as the nominee of the Leader of the Opposition.

Commencing their second 49 three-year terms on the Commission in April and July of this year were Attorneys at law and former Attorneys General, Henry Dyer and Anthony La Ronde.
Mr. Dyer was the nominee of the Dominica Bar Association and Mr. La Ronde, the nominee of the Leader of the Opposition.

The full Commission comprises seven members.
Appendix 8: Presentation by the Chairman of the Commission THE OPERATIONS OF THE COMMISSION IN DOMINICA THE OPERATIONS OF THE COMMISSION IN DOMINICA THE OPERATIONS OF THE COMMISSION IN DOMINICA THE OPERATIONS OF THE COMMISSION IN DOMINICA SEPTEMBER, 2008 –––– SEPTEMBER, 2014 SEPTEMBER, 2014 SEPTEMBER, 2008 SEPTEMBER, 2014 SEPTEMBER, 2014 SEPTEMBER, 2008 SEPTEMBER, 2008 PRESENTATION PRESENTATION PRESENTATION PRESENTATION BYBYBYBY JULIAN N. JOHNSON CHAIRMAN, INTEGRITY COMMISSION JULIAN N. JOHNSON CHAIRMAN, INTEGRITY COMMISSION JULIAN N. JOHNSON CHAIRMAN, INTEGRITY COMMISSION JULIAN N. JOHNSON CHAIRMAN, INTEGRITY COMMISSION TO THE MEDIA WORKERS ASSOCIATION OF DOMINICA TO THE MEDIA WORKERS ASSOCIATION OF DOMINICA TO THE MEDIA WORKERS ASSOCIATION OF DOMINICA TO THE MEDIA WORKERS ASSOCIATION OF DOMINICA INTRODUCTION INTRODUCTION INTRODUCTION INTRODUCTION On 2nd September, 2008 in an address at the swearing-in of members of the Commission I commended the mass media of Dominica for encouraging and advancing public dialogue on the purposes of the Integrity in Public Office Act, 2003 and on the functions of the Commission under the Act.
I repeat here what I said then: ““““Sometimes, the mass media can get it wrong.

Sometimes, the media can be grossly unfair and can serve sectional interests.

But a responsible, objective, vibrant, free and courageous media does play a very important role in the guaranteeing of proper standards in public life in liberal democracies.

They have a duty to monitor the workings of Government and the workings of the Parliament on behalf of the public.
They play a key role in enhancing public awareness of good governance and rule of law issues.” (Speech by Mr. Julian N Johnson, Chairman, Integrity Commission on “The implementation of Integrity in Public Office Act, 2003”, September 2nd 2008, para.

6).

THE PURPOSE OF THE ACT THE PURPOSE OF THE ACT THE PURPOSE OF THE ACT THE PURPOSE OF THE ACT 1.
EXPRESS STATUTORY PURPOSE ---- The Long Title of the Act states as follows: An EXPRESS STATUTORY PURPOSE EXPRESS STATUTORY PURPOSE EXPRESS STATUTORY PURPOSE Act to provide for the establishment of an Integrity Commission for the purpose of receiving declarations on the financial affairs of persons holding specific positions in public life, for the purpose of establishing probity, integrity and accountability in public life and for related matters.
• The receiving, examining and enquiries into the declarations of financial affairs of persons in public life is central to the legislative purpose.

50 2.

(a) (b) (c) 3.3.3.3.
(i) REASONS FOR THE ACT AS ADVANCED BY THE PROMOTOR IN APRIL 2003 REASONS FOR THE ACT AS ADVANCED BY THE PROMOTOR IN APRIL 2003 REASONS FOR THE ACT AS ADVANCED BY THE PROMOTOR IN APRIL 2003 REASONS FOR THE ACT AS ADVANCED BY THE PROMOTOR IN APRIL 2003 (HANSARD OF THE MEETING OF THE HOUSE OF ASSEMBLY 28THTHTHTH –––– 30303030THTHTHTH APRIL, (HANSARD OF THE MEETING OF THE HOUSE OF ASSEMBLY 28 APRIL, APRIL, APRIL, (HANSARD OF THE MEETING OF THE HOUSE OF ASSEMBLY 28 (HANSARD OF THE MEETING OF THE HOUSE OF ASSEMBLY 28 360 PASSIM).
2003, PGS 246----360 PASSIM 2003, PGS 246 360 PASSIM 360 PASSIM 2003, PGS 246 2003, PGS 246 • The Act was passed with full Government and Opposition support: 18 Ayes: 1 Abstention.

• AG & Minister for Legal Affairs – Hon.


Henry Dyer advanced the following reasons: “The introduction of this Bill is not at all a reflection that there is widespread corruption or bribery among the public servants or in our society as a whole…”(p. 247) “International agencies, which are assisting small jurisdictions are constantly monitoring us to see whether we observe the norms of good governance and whether the Government is transparent.” (p247) “….
International institutions and Governments want accountability in the sense that they want money that is given to a country and is given for the benefit of the people of the country… they want to know that the money has gone where it was sent so that the people must have the benefit of the gifts and not those people who are to administer.”(p. 253) THE ESTABLISHMENT AND APPOINTMENT OF THE COMMISSION (Sec.
4) THE ESTABLISHMENT AND APPOINTMENT OF THE COMMISSION THE ESTABLISHMENT AND APPOINTMENT OF THE COMMISSION THE ESTABLISHMENT AND APPOINTMENT OF THE COMMISSION Five political appointees – Five members of the Commission are appointed on the advice of politicians, that is, on the advice of the Prime Minister or the Leader of the Opposition.

The Chairman and two members are appointed on the advice of the Prime Minister and two members are appointed on the advice of the Leader of the Opposition.
In the case of the Chairman, however, Parliament sought to achieve political consensus on his/her appointment by requiring consultation between the Prime Minister and the Leader of the Opposition before the Prime Minister advises the President to exercise the function of the appointment.

Two non-political appointees - There are two non-political appointees on the Commission.
One such member is appointed on the advice of the Dominica Bar Association and the other on the advice of a professional body, called, the Dominica Branch of the Institute of Chartered Accountants of the Eastern Caribbean referred to in The Institute of Chartered Accountants of the Eastern Caribbean Agreement Act 2003, No.

2 of 2003, which has not yet come into operation!

Why this method of appointment?


Because Parliament determined that it was necessary to have qualified professional expertise in law and accountancy (a chartered or certified accountant) on the Commission and empowered the executives of these professional associations to make the recommendations.

Parliament, however, directed that the members appointed on the advice of politicians must satisfy the following condition: (ii) (iii) (iv) 51 4.
“they shall be persons of high public standing and reputation for personal integrity.” Parliament thought it unnecessary to expressly stipulate this requirement for the members who are required to possess professional qualifications in law or accountancy, i.e., the Chairman, and the nominees of the Dominica Bar Association and the Dominica Branch of the Institute of Chartered Accountants of the Eastern Caribbean.
INDE PENDENT, IMPARTIAL AND ACCOUNTABLE ADMINISTRATION OF THE INDEPENDENT, IMPARTIAL AND ACCOUNTABLE ADMINISTRATION OF THE PENDENT, IMPARTIAL AND ACCOUNTABLE ADMINISTRATION OF THE PENDENT, IMPARTIAL AND ACCOUNTABLE ADMINISTRATION OF THE INDE INDE ACT ACT ACT ACT –––– SECTIONS 13 AND 48 SECTIONS 13 AND 48 SECTIONS 13 AND 48 SECTIONS 13 AND 48 Notwithstanding the method of appointment – the route by which the Chairman and members of the Commission came onto the Commission, the Act of 2003 and the applicable principles of public law require that all members bring an independent and impartial mind to the execution of their statutory functions and duties.
The Commission must act in good faith.

(See Keith Rowley v Integrity Commission of T&T, Civil Suit No.

185 of 2007, 3rd February 2009).

Section 13 of the Act mandates it.

The security of tenure provided by section 7(3)-(7) of Act reinforces it.

Consistent with these principles the Commission’s decisions concerning persons in public life must be based on material that has an evidential or factual basis or is logically probative and free from irrelevant considerations.
In Constituency Boundaries Commission v Urban Baron ((1999) 58 WIR 153) the Court of Appeal emphasized that the exercise by the Commission of its constitutional powers is not to be deliberately influenced to favour the appointing authorities.

This learning is relevant to statutory oversight bodies as well.

Once appointed – all persons on the Integrity Commission, including the political appointees, must perform their functions as independent and impartial adjudicators.
It must be noted that the meeting of the Commission that unanimously rejected two of the complaints lodged against Prime Minister Roosevelt Skerrit by Lennox Linton and decided to investigate the complaint that Prime Minister Roosevelt Skerrit had committed a breach of Rule 1(e) of the Code of Conduct comprised the three members of the Commission appointed on the advice of the Prime Minister and the member appointed on the recommendation of the Dominica Branch of the Institute of Chartered Accountants of [See decision No 1/2010/2011 in Appendix 5 of the Third Annual Report of the Commission, August, 2011].
the Eastern Caribbean.

The Commission is required to keep proper accounts to be audited by the Director of Audit or an auditor appointed by the President and to submit annual reports to Parliament.

In compliance with these requirements the Commission has over to Parliament comprehensive reports of its activities in the administration of the Act within the time limits set thereby.
In accordance with section 48 of the Act the Commission has submitted annual reports to the Minister for Legal Affairs for the years 2009, 2010, 2011, 2012, 2013 and 2014 detailing the activities five years submitted the past 52 5.5.5.5. undertaken by the Commission in the administration of the Act.

The sixth Annual Report 2014 was submitted to the Minister for Legal Affairs on the 1st September, 2014.
FUNCTIONS OF THE COMMISSION FUNCTIONS OF THE COMMISSION - Section 9 FUNCTIONS OF THE COMMISSION FUNCTIONS OF THE COMMISSION The Commission shall - (a) receive, examine and retain all declarations filed with it under this Act; (b) make such enquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed under this Act; (c) without prejudice to the provisions of any other enactment, inquire into any allegation of bribery or act of corruption under this Act; (d) receive and investigate complaints regarding non-compliance with any provision of this Act; and (e) perform such other functions as is required under this Act.
Such other functions include: (i)(i)(i)(i) (ii)(ii)(ii)(ii) (iii) (iii) (iii) (iii) submission of reports to Parliament annually; power to make Rules to regulation the procedures of the Commission; the holding of inquiries.

Part III of the Act contains the financial disclosure regime that persons in public life are required to observe in filing their declarations of financial affairs with the Commission.
The declarations are required to be in Form 2 of the Third Schedule to the Act and must be filed within three months after the end of a calendar year.

A declaration must also be filed not later than three months after a person first becomes a person in public life.

Under section 16(2) the declarant must file a declaration in the following two calendar years after he has ceased to be a person in public life, otherwise than by reason of death.

6.6.6.6.
6.6.6.6.

2008 ----2013 ANNUAL STATISTICS ON DECLARATIONS 2013 ANNUAL STATISTICS ON DECLARATIONS 2008 2013 ANNUAL STATISTICS ON DECLARATIONS 2013 ANNUAL STATISTICS ON DECLARATIONS 2008 2008 OF FINANCIAL AFFAIRS OF FINANCIAL AFFAIRS OF FINANCIAL AFFAIRS OF FINANCIAL AFFAIRS Year Dec. Dec. Dec. Dec. 1 1 1 1 2008 2008 20082008 Dec.Dec.Dec.Dec.

31,31,31,31, 2008 2008 20082008 Dec.Dec.Dec.Dec.

31 31 31 31 2009 2009 20092009 Dec.Dec.Dec.Dec.

No.

of Perso ns in Public Life No.

of Person s who filed No.


of Person s who failed to file No.

of Person s who filed late No.

of Persons Gazette d Compli- ance in percentag e (%) No.

of Querie s sent No.

of Declara - tions Certifie d No.

of Cases charge d by DPP No.
of cases prosecute d by DPP DecDecDecDec 31,31,31,31, 2011 2011 20112011 DecDecDecDec 31,31,31,31, 2012 2012 20122012 DecDecDecDec compliance with the ActActActAct Complaints of non----compliance with the Complaints of non compliance with the compliance with the Complaints of non Complaints of non Under section 9(c) and (d) the Commission is mandated to inquire into any allegation of bribery or act of corruption under the regime in Part VI of the Act and to receive and investigate complaints regarding non- compliance with any provisions of the Act including the Code of Conduct specified in the Second Schedule.
The Commission received and examined a number of complaints concerning non-compliance by Ministers of Government with the provisions of the Act including the Code of Conduct.
Two of these were rejected under section 32 for want of jurisdiction in accordance with the provision of section 8(4) of the Constitution and the common law principles prohibiting the retrospective operation of criminal statutes since the alleged conduct complained of occurred before the Act came into operation on 1st September, 2008 (See Annual Report 2009, Appendix iii pp.

58 – 107).
58 – 107).

A complaint concerning the acceptance of gifts, benefits and advantages by a Minister in contravention of the Code of Conduct was not proceeded with because it lacked the particularity required by section 31 of the Act.

Also an anonymous complaint was not dealt with for want of Jurisdiction (ss.

9(d), 31, and 55).
9(d), 31, and 55).

The Commission, however, after the examination of a complaint in writing made under section 31 against a Minister and hearing the complainant under section 32 decided to conduct an inquiry under section 33 in order to ascertain whether a breach of rule 1(e) of the Code of Conduct specified in the Second Schedule to the Act was committed by that person in public life.
Rule 1(e) provides that a person in public life shall not: “use his official influence in support of any scheme or in furtherance of any contract or proposed contract or other matter in regard to which he has an interest” (See Third Annual Report 2011, Appendix 5, pp.

49-66).

The Minister has since instituted judicial review proceedings against the Commission’s decisions and the matter is presently before the Court.
The Commission has reasonably sought ‘equality of arms’ in the proceedings by also 54 8.8.8.8.

9. engaging senior counsel in its defence and requested and obtained public funds for that purpose.
Anonymous Complaints and Allegations of Corruption Anonymous Complaints and Allegations of Corruption Anonymous Complaints and Allegations of Corruption Anonymous Complaints and Allegations of Corruption The jurisdiction of the Commission is limited to the investigation of complaints of non-compliance with the Act or any allegation of bribery or corruption under the Act received from identifiable persons, natural or legal.
Under these provisions the Commission is not empowered to act on its own volition or on anonymous complaints or complaints made through the press or other public forum.

(DOM – s.9, s.31 and Part VI with s.55.

Republic v First Track High Court, Accra, ex p. Commission on Human Rights and Administrative Justice [2009] 1 LRC 44).
A strong dissenting judgment in the Republic’s Case however, opined that on a liberal and purposive interpretation to realise the purpose of such laws a wide definition should be given to the word “complaint” to include informal complaints brought to the attention of the oversight body “through any credible means, including through public media and other public fora”.

This would therefore empower such bodies to initiate investigations based on such persistent media reports of breach of the legislation.
(See dissenting judgement of Date – Bah JSC in Republic Case [2009] 1 LRC, 44 supra.

But see the section 55(1) statutory requirement and R v Davis [2008] UKHL 36 concerning the strong common law presumption that a person accused is entitled to confront those who testify against him).

CTIONS/POWERS OF THE COMMISSION?

WHAT ARE NOT THE FUNCTIONS/POWERS OF THE COMMISSION?

WHAT ARE NOT THE FUN CTIONS/POWERS OF THE COMMISSION?

CTIONS/POWERS OF THE COMMISSION?


WHAT ARE NOT THE FUN WHAT ARE NOT THE FUN The Commission has not supplanted the powers duties and responsibilities of other oversight governance bodies under the Constitution or otherwise.

These include: (i) Parliament – PAC; (ii) Director of Audit and Accounting Officers; (iii) Parliamentary Commissioner; (iv) The Public/Police Services Commissions; (v) Police Service and (vi) DPP.

10.10.10.10.
10.10.10.10.

THE INTERNAL ORGANIZATION AND STAFF OF THE COMMISSION THE INTERNAL ORGANIZATION AND STAFF OF THE COMMISSION THE INTERNAL ORGANIZATION AND STAFF OF THE COMMISSION THE INTERNAL ORGANIZATION AND STAFF OF THE COMMISSION a.

The Committees of the Commission i.

Financial and Administrative Committee, ii.

Rules Committee and iii.

Information and Public Relations Committee.

b.

Staff of the Commission i.

Secretary ii.

Research Assistant, iii.

Executive Officer, iv.


Junior Clerk and v. Office Attendant.

11.
RECOMMENDATIONS FOR THE AMENDMENTS TO THE ACT OF 2003 RECOMMENDATIONS FOR THE AMENDMENTS TO THE ACT OF 2003 RECOMMENDATIONS FOR THE AMENDMENTS TO THE ACT OF 2003 RECOMMENDATIONS FOR THE AMENDMENTS TO THE ACT OF 2003 ION TO THE EXECUTIVE AND CONTAINED IN SUBMITTED BY THE COMMISSION TO THE EXECUTIVE AND CONTAINED IN SUBMITTED BY THE COMMISS ION TO THE EXECUTIVE AND CONTAINED IN ION TO THE EXECUTIVE AND CONTAINED IN SUBMITTED BY THE COMMISS SUBMITTED BY THE COMMISS 55 ITS REPORTS TO PARLIAMENT AND THE GOVERNMENT OF DOMINICA’S ITS REPORTS TO PARLIAMENT AND THE GOVERNMENT OF DOMINICA’S ITS REPORTS TO PARLIAMENT AND THE GOVERNMENT OF DOMINICA’S ITS REPORTS TO PARLIAMENT AND THE GOVERNMENT OF DOMINICA’S TREATY OBLIGATIONS UNDER UNITED NATIONS CONVENTION AGAINST TREATY OBLIGATIONS UNDER UNITED NATIONS CONVENTION AGAINST TREATY OBLIGATIONS UNDER UNITED NATIONS CONVENTION AGAINST TREATY OBLIGATIONS UNDER UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) CORRUPTION (UNCAC).
(See Appendix 6 of Third Annual Report 2011 – CORRUPTION (UNCAC) CORRUPTION (UNCAC) October, 24, 2011,for the suggested amendments to the Act and the structure and administration of the Commission) On the 28th of May, 2010 the Government of Dominica acceded to UNCAC.
• UNCAC Article 5(3) corruption Policies and Practices –––– Preventive anti----corruption Policies and Practices UNCAC Article 5(3) –––– Preventive anti corruption Policies and Practices corruption Policies and Practices Preventive anti Preventive anti UNCAC Article 5(3) UNCAC Article 5(3) Periodic Evaluation and Review of Existing Legislative Institutional and Periodic Evaluation and Review of Existing Legislative Institutional and of Existing Legislative Institutional and of Existing Legislative Institutional and Periodic Evaluation and Review Periodic Evaluation and Review Procedural Provisions.
Procedural Provisions Procedural Provisions Procedural Provisions Article 5(3) states as follows: ‘Each State Party shall endeavour to periodically evaluate relevant legal instruments and administrative measures with a view to determining their adequacy to prevent and fight corruption”.
institutional and procedural provisions with a view The Government of Dominica is therefore required to review the existing legislative, to strengthening what is in place and introduce what is required in order to develop a coherent and coordinated anti-corruption strategy.

In doing this the Government should include participation of its citizens in the planning and implementation of the strategy.
(See Commonwealth Strategies to Combat Corruption – Commonwealth Updated Legislative and Technical Guide, 2011 pg.

23).
• Article 6(2) of UNCAC states as follows: “Each Party State shall grant the Each Party State shall grant the Each Party State shall grant the Each Party State shall grant the body or bodies referred to in paragraph 1 of this article the necessary body or bodies referred to in paragraph 1 of this article the necessary body or bodies referred to in paragraph 1 of this article the necessary body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal independence, in accordance with the fundamental principles of its legal principles of its legal principles of its legal independence, in accordance with the fundamental independence, in accordance with the fundamental system, to enable the body or bodies to carry out its or their functions system, to enable the body or bodies to carry out its or their functions system, to enable the body or bodies to carry out its or their functions system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence.
The necessary material effectively and free from any undue influence.

The necessary material effectively and free from any undue influence.

The necessary material effectively and free from any undue influence.
The necessary material resources and specialized staff, as well as the training that such staff may resources and specialized staff, as well as the training that such staff may resources and specialized staff, as well as the training that such staff may resources and specialized staff, as well as the training that such staff may carry out their functions, should be provided.” In that regard the require to require to carry out their functions, should be provided.” carry out their functions, should be provided.” carry out their functions, should be provided.” require to require to the operational required government of Dominica independence of the Commission in order for it to perform effectively its statutory mandate.
(Commonwealth Guide, 2011 pg.

26) to ensure is 12.12.12.12.

THE COMMISSION AND PARLIAMENT THE COMMISSION AND PARLIAMENT THE COMMISSION AND PARLIAMENT THE COMMISSION AND PARLIAMENT The Commission in the performance of its important, albeit intrusive statutory functions require a supportive institutional/political environment.
The Parliament of Dominica must continue to demonstrate that it is an important stakeholder in enhancing the integrity regime that it has enacted and the institution that it has established.

Properly exercised oversight can be an unequalled tool against corruption.
In the Third Annual Report to Parliament on October 24th 2011 I felt constrained to state: 56 The submission of the Commission’s annual report to Parliament provides “The submission of the Commission’s annual report to Parliament provides The submission of the Commission’s annual report to Parliament provides The submission of the Commission’s annual report to Parliament provides the opportunity for Parliament itself to exercise its oversight jurisdiction the opportunity for Parliament itself to exercise its oversight jurisdiction the opportunity for Parliament itself to exercise its oversight jurisdiction the opportunity for Parliament itself to exercise its oversight jurisdiction under the doctrine of ministerial responsibility which is a central feature of under the doctrine of ministerial responsibility which is a central feature of feature of feature of under the doctrine of ministerial responsibility which is a central under the doctrine of ministerial responsibility which is a central our Westminster model Constitution.
The First and Second Reports of the our Westminster model Constitution.

The First and Second Reports of the our Westminster model Constitution.

The First and Second Reports of the our Westminster model Constitution.
The First and Second Reports of the Commission were laid in Parliament on the 4th February, 2010 and 17thththth Commission were laid in Parliament on the 4th February, 2010 and 17 Commission were laid in Parliament on the 4th February, 2010 and 17 Commission were laid in Parliament on the 4th February, 2010 and 17 March, 2011 respectively.

At meetings of Parliament held subsequently March, 2011 respectively.

At meetings of Parliament held subsequently March, 2011 respectively.


At meetings of Parliament held subsequently there has been scant referenc e to any of the Reports either in questions, there has been scant reference to any of the Reports either in questions, e to any of the Reports either in questions, e to any of the Reports either in questions, there has been scant referenc there has been scant referenc motions, statements or speeches before the House of Assembly.
This is motions, statements or speeches before the House of Assembly.

This is motions, statements or speeches before the House of Assembly.

This is motions, statements or speeches before the House of Assembly.

This is regrettable.

Under our Constitution, Parliament is authorized to play a regrettable.

Under our Constitution, Parliament is authorized to play a regrettable.

Under our Constitution, Parliament is authorized to play a regrettable.
Under our Constitution, Parliament is authorized to play a continuing role in ensuring that the purposes of the Act are given full effect continuing role in ensuring that the purposes of the Act are given full effect full effect full effect continuing role in ensuring that the purposes of the Act are given continuing role in ensuring that the purposes of the Act are given and in holding the responsible Ministers to account for the proper and in holding the responsible Ministers to account for the proper and in holding the responsible Ministers to account for the proper and in holding the responsible Ministers to account for the proper provisioning of the Commission.” provisioning of the Commission.” provisioning of the Commission.” provisioning of the Commission.” (ii) 13.13.13.13.
In order to strengthen Parliament’s oversight role I suggest the following: (i) Periodic Review of the Acts: In any amendments to the existing Periodic Review of the Acts: Periodic Review of the Acts: Periodic Review of the Acts: legislation or in any new anticorruption Acts there should be included provisions which require the responsible Minister to carry out an independent review of the operation and effectiveness of the Acts as its soon as possible after the expiration of three years commencement and every three years thereafter; and Standing Select Committee of Parliament Standing Select Committee of Parliament should be established under Standing Select Committee of Parliament Standing Select Committee of Parliament the Standing Orders of the House of Assembly to examine the Annual Report of the Commission and to report on the performance of its functions and the implementation of any recommendations contained therein subject, of course, to the Commission’s independent jurisdiction under section 13 of the Act of 2003. from COMMONWEALTH SECRETARIAT’S ANTI----CORRUPTION INITIATIVES COMMONWEALTH SECRETARIAT’S ANTI CORRUPTION INITIATIVES CORRUPTION INITIATIVES CORRUPTION INITIATIVES COMMONWEALTH SECRETARIAT’S ANTI COMMONWEALTH SECRETARIAT’S ANTI a.
Model Integrity in Public Life Act and Model Code of Conduct - On the Model Integrity in Public Life Act and Model Code of Conduct Public Life Act and Model Code of Conduct Public Life Act and Model Code of Conduct Model Integrity in Model Integrity in direction of the Law Ministers of Small Commonwealth Jurisdictions (which includes seventeen jurisdictions in the Caribbean) given in October, 2007 the Commonwealth Secretariat has developed a model Integrity in Public Life Act focusing on a model Code of Conduct for a specific class of public officials, guidelines on conflict of interest and offences constituting “abuse of public office” and “misconduct and neglect of duty”.
The model Act is explicitly drafted to apply to the state functionaries involved in all the main areas of governance.

This includes the Executive (including the Head of State and the Head of Government), the Legislature, senior public officials, top management of public authorities, and political appointees who are members of the government.
The model Act imposes a novel duty on these officials to sign a copy of the Code of Conduct to be delivered and retained by the Commission and made available for public inspection.

It mirrors the recommendations made by the Commission in respect of its independence and clear jurisdiction over the staff of the Commission.
It also empowers the Commission, inter alia, “to investigate a complaint from 57 any source” that a public official has committed an offence of “abuse of office” or “wilful misconduct and neglect of duty” within the meaning of the model Act.

It was presented to the meeting of Law Ministers and Attorneys General of Small Commonwealth Jurisdictions at Marlborough House, London, September, 2013 and to the Commonwealth Law Ministers Meeting, Botswana, May 2014. b.b.b.b.
Commonwealth Associations of Anti corruption Agencies Commonwealth Associations of Anti----corruption Agencies corruption Agencies corruption Agencies Commonwealth Associations of Anti Commonwealth Associations of Anti • Commonwealth Africa Commonwealth Africa Commonwealth Africa Commonwealth Africa With the assistance of the Commonwealth Secretariat the Association of anti-corruption agencies in Commonwealth Africa was established in 2013.
The Association’s secretariat in Botswana will coordinate capacity building and mutual assistance on a regional basis in such areas as investigations, forensics evidence management, prosecution, public education and asset tracking and recovery.
The Association seeks to broker the exchange of ideas and good practices and to encourage the sharing of professional skills, knowledge and experience in areas of comparative advantage, harness political will, and strive for adequate legislation, policy reform and law enforcement.
(April 2013), • Commonwealth Caribbean Commonwealth Caribbean Commonwealth Caribbean Commonwealth Caribbean At Sub-Regional Integrity Commissions Conferences in St Lucia (June 2011), and St Vincent (June 2012) and at the Public Administration in Very Small States Conference, Marlborough House, London the establishment of an umbrella organization of regional integrity commissions with support from the Commonwealth Secretariat was recommended.
The organization would be charged to review and implement best practices for the sub-region, to seek the assistance of regional and international organisations in order to maintain a pool of common services in law, forensic for member states, to draft harmonized legislation to include regulations and rules of procedure for the Commissions and provisions for the appointment of inquiry tribunal/panel from within OECS member states.
The Commonwealth Secretariat has now indicated its willingness to assist in the establishment of such an association in the Commonwealth Caribbean.

A meeting is being convened for later this year to discuss this initiative.

investigation and accounting 14.14.14.14.

THE COMMISSION’S WEBSITE THE COMMISSION’S WEBSITE THE COMMISSION’S WEBSITE THE COMMISSION’S WEBSITE DOCUMENTS/INFORMATION ON DOCUMENTS/INFORMATION ON DOCUMENTS/INFORMATION ON DOCUMENTS/INFORMATION ON www.integritycommission.gov.dm a.
The Integrity in Public Office Act, 2003 b.

Integrity Commission (Inquires) Rules 2012 c. Annual Reports 2009 – 2013 d. Speeches and Papers delivered by Chairman Julian N. Johnson e. Frequently Asked Questions Booklet - 2012 –––– 58 f. Guidelines for filling out Form 2 g. Form 2 Declaration of Income, Assets and Liabilities h. Links to other anti-corruption bodies and good governance websites.

15.15.15.15.
15.15.15.15.

THE COMMISSION BEFORE THE COURT THE COMMISSION BEFORE THE COURT THE COMMISSION BEFORE THE COURT THE COMMISSION BEFORE THE COURT a. Roosevelt Skerrit v the Commission (2012) - Civil Suit: Dom HCV 2012/0399 b.

Integrity Commission v The Attorney General of Dominica (2014) – Suit No.
37/2014 a. b. ROOSEVELT SKERRIT V INTEGRITY COMMISSION ROOSEVELT SKERRIT V INTEGRITY COMMISSION - The last hearing in this matter ROOSEVELT SKERRIT V INTEGRITY COMMISSION ROOSEVELT SKERRIT V INTEGRITY COMMISSION was on the 19th February 2015 at which the Court gave the following directions ; 1.

The Claimant is to file further written submissions by the 2nd March 2015 2.

The defendant to file further written submissions in response by the 9th March 2015 3.
Oral arguments by each party limited to one hour each and twenty minutes each for rebuttal will be heard on the 1st April 2015.

INTEGRITY COMMISSION V ATTORNEY GENERAL INTEGRITY COMMISSION V ATTORNEY GENERAL - The last hearing was on the INTEGRITY COMMISSION V ATTORNEY GENERAL INTEGRITY COMMISSION V ATTORNEY GENERAL 6th February 2015 at which the Court made the following order with respect to directions ; 1.
Joint list of issues to be filed by 6th March, failing agreement individual list to be filed by 13th March 2015.

2.

Skeleton arguments with authorities to be filed on or before 31st March 2015.

2.

Hearing set down for 8th April 2015 at 9.00 am 16.

FREQUENTLY ASKED QUESTIONS BOOKLET FREQUENTLY ASKED QUESTIONS BOOKLET FREQUENTLY ASKED QUESTIONS BOOKLET FREQUENTLY ASKED QUESTIONS BOOKLET We now invite your questions and comments.
Novel questions will be further examined by the Commission and included in the FAQ Booklet [2015] for the benefit of the wider public.

JULIAN N JOHNSON JULIAN N JOHNSON JULIAN N JOHNSON JULIAN N JOHNSON CHAIRMAN INTEGRITY COMMISSION CHAIRMAN INTEGRITY COMMISSION CHAIRMAN INTEGRITY COMMISSION CHAIRMAN INTEGRITY COMMISSION 27TH February, 2015 Rev.
5th March, 2015 59 Appendix 9: Presentation by the Chairman of the Commission CORRUPTION EFFORTS IN THE COMMONWEALTH CARIBBEAN ANTIANTIANTIANTI----CORRUPTION EFFORTS IN THE COMMONWEALTH CARIBBEAN CORRUPTION EFFORTS IN THE COMMONWEALTH CARIBBEAN CORRUPTION EFFORTS IN THE COMMONWEALTH CARIBBEAN Notes for Presentation Notes for Presentation Notes for Presentation Notes for Presentation bybybyby Integrity Commission, Dominica Chairman, Integrity Commission, Dominica Julian N. Johnson –––– Chairman, Julian N. Johnson Integrity Commission, Dominica Integrity Commission, Dominica Chairman, Chairman, Julian N. Johnson Julian N. Johnson 5555thththth Commonwealth Regional Conference for Heads of Anti Corruption Agencies in Africa Commonwealth Regional Conference for Heads of Anti----Corruption Agencies in Africa Corruption Agencies in Africa Corruption Agencies in Africa Commonwealth Regional Conference for Heads of Anti Commonwealth Regional Conference for Heads of Anti Dar es Salaam, Tanzania, 25thththth –––– 29292929thththth May 2015 May 2015 Dar es Salaam, Tanzania, 25 May 2015 May 2015 Dar es Salaam, Tanzania, 25 Dar es Salaam, Tanzania, 25 1.1.1.1.
Introduction Introduction Introduction Introduction I thank the CFTC and the Commonwealth Secretariat for inviting me to this important meeting and for paying the costs of my attendance, in substantial part.

I must also recognise the work and efforts of Dr. Roger Koranteng, Governance Advisor to the Commonwealth Secretariat and publicly thank him for his great contribution to better governance and for his assistance in confronting the challenges of anti-corruption administration the Commonwealth Caribbean.
I have come here to learn how your collaboration is helping the African region to strengthen its legal regime and institutional capacity in the fight against corruption.

the very small states of the Commonwealth including in 2.2.2.2.
(i) The Commonwealth Caribbean The Commonwealth Caribbean The Commonwealth Caribbean The Commonwealth Caribbean Geographical Area From Belize in Central America to Guyana in South America and includes – Trinidad and Tobago, Grenada, St. Vincent and the Grenadines, Barbados, St. Lucia, Dominica, Antigua, St. Kitts and Nevis, Jamaica, Bahamas and the Territories of Montserrat, British Virgin Islands, Cayman Islands, Bermuda and the Turks and Caicos Islands.
(ii)(ii)(ii)(ii) c administration of Very Small States Sociology/political economy and public administration of Very Small States Sociology/political economy and publi c administration of Very Small States c administration of Very Small States Sociology/political economy and publi Sociology/political economy and publi (a) In a socially small society the personalised and multiplex nature of human relationship makes it extremely difficult for partiality to be absent.
In these states it is impractical to separate personality from function.

It is difficult to maintain anonymity.

All members of the public are a kind of extended family; network of influence extend everywhere.

Public officials have to operate professionally within a hierarchy of people with whom they are unavoidably personally acquainted, related, or otherwise connected in a non-work environment1.
(b) A substantive feature of the political system is what the late Prof. Carl Stone has characterised as “patron-clientelism”, that is, the exchange of economic and social 1 “Public Administration in Small Islands States”, Randal Baker pp.

17-18 60 favours to a poor and socially fragmented population in return for party support.
Leaders harness the state as a resource from which to establish a power structure that competes with and parallels the power structure rooted in the ownership of the forces of production, distribution and exchange.

This has caused the ascendency of the “political kingdom” to be almost complete.2 (c) The ubiquity of politics and “it’s our own turn to eat” mentality.

“In a small island of 50,000-100,000 people, dominated by a single political party it is very difficult to prevent political abuse.
Everybody depends on the government for something, however small, so that most are reluctant to offend it.
The civil servant lives in fear, police avoid unpleasantries, the trade unions are tied to the party, and the newspaper depends on government for advertisements and so on.”3 It is in this environment that the integrity commissions and other anti-corruption bodies in the very small states of the Commonwealth Caribbean are required to exercise jurisdiction over elected and appointed executive, members of Parliament, heads of departments of government and other senior public and police officers, managing directors and chairmen of statutory corporations who are included in the list of “persons in public life” in the respective legislation.
3.
(i) (ii) (iii) The Existing Anti Corruption Initiatives in the Commonwealth Caribbean – The Existing Anti----Corruption Initiatives in the Commonwealth Caribbean Corruption Initiatives in the Commonwealth Caribbean Corruption Initiatives in the Commonwealth Caribbean The Existing Anti The Existing Anti There are three broad categories of anti-corruption legislation: Those that have codified the criminal law and have reproduced in their codes the common law rules on bribery and misconduct in public office – Belize (Criminal Code, Rev.
ed.

2000 – Chapter 101) and Bahamas ( Penal Code 1873 – Chapter 84) Those that have replication of the late 19th century and early 20th century UK anti-corruption legislation: Bahamas (Prevention of Bribery Act 1976); Barbados (Prevention of Corruption Act 1927, Chapter 144); and Belize (Prevention of Corruption Act 1927, Rev.

Ed.

2000 Chapter 105).
Those that have a series of modern legislation beginning in the 1970’s with the Integrity in Public Life Legislation and including initiatives promoted by the Inter-American Convention Against Corruption: Guyana – Integrity Commission Act 1997 (Cap 19.12); Trinidad and Tobago – Integrity in Public Life Act 2000, as amended; Antigua - Integrity in Public Life Act 2004 and Prevention of Corruption Act 2004; St. Lucia - Integrity in Public Life Act 2004; Dominica - Integrity in Public Life Act 2003; Jamaica – Parliament (Integrity of Members) Act 1973 and Contractor - General Act 1983 and Contractor - General (Amendment) Act 1999; Belize – Prevention of Corruption in Public Life Act 1994; Grenada – Integrity in Public Life Act 2004 and Prevention of Corruption Act 2007; and Montserrat - Integrity in Public Life Act 2000 4 2 “Democracy and Clientelism in Jamaica”, Carl Stone pp.
91-101, passim 3 “Agony of the Little Eight”, Sir Arthur Lewis, 1965 4 “Corruption: Law, Governance and Ethics in the Commonwealth Caribbean,” Derrick V. Mckoy (2012) Chapter 3 61 4.4.4.4.
The Establishment and Functions of Integrity Commissions The Establishment and Functions of Integrity Commissions The Establishment and Functions of Integrity Commissions The Establishment and Functions of Integrity Commissions The new legislation in member states create new obligations for persons in public life: (i) (ii) to disclose their income, assets and liabilities; and to observe all statutory prohibitions prescribed for the purpose of establishing probity, integrity and accountability in public life.
The legislation also criminalizes the possession of unaccounted property or pecuniary resources disproportionate to one’s legitimate sources of income, that is, illicit enrichment.

The legislation also establishes a Commission to administer its provisions which includes duties to receive, examine and inquire into the accuracy and fullness of the financial disclosures filed with the Commission.

This investigation may be done by formal inquire made pursuant to the Commission of Inquiry legislation.
The Commission is empowered to receive and investigate complaints of non-compliance with the legislation generally including breaches of the Code of Conduct.

The Commission is also required to submit annual reports to Parliament on its activities through the responsible Minister.

5.5.5.5.

Issues and Challenges Issues and Challenges Issues and Challenges Issues and Challenges a.

Independence of the Commissions i.


Express statutory provisions – Section 13 of Dominica’s Integrity in Public Office Act 2003; security of tenure of members of the Commission for three (3) years – independent tribunal process for removal; [section 7 (1) (4) – (7)] b.

Expenses of the Commissions – all expenses incurred for the purposes of the legislation are a charge to the Consolidated Fund after approval by the Minister for Finance 52(1) & (2).
c. The Commission to keep proper accounts to be audited by Director of Audit or an auditor appointed by the President.

d. The composition of the Commission, Secretary and Staff of the Commission – managing staff integrity and the issue of institutional loyalty; Commissions have no “carrots”.

Section 49 provides that – the Commission “shall be provided with a staff adequate for the prompt and efficient discharge of its functions under the Act”.
But these shall be public officers “appointed by the Public Service Commission.” 6.
Relation s with the executive, constitutional ministerial responsibility and statutory Relations with the executive, constitutional ministerial responsibility and statutory Relation s with the executive, constitutional ministerial responsibility and statutory s with the executive, constitutional ministerial responsibility and statutory Relation operational independence (Dominica Constitution s. 61 with s.68, AG of Fiji v. DPP operational independence (Dominica Constitution s. 61 with s.68, AG of Fiji v. DPP operational independence (Dominica Constitution s. 61 with s.68, AG of Fiji v. DPP operational independence (Dominica Constitution s. 61 with s.68, AG of Fiji v. DPP of Fiji [1983] 2 A.C. 672 and Mossell (Jamaica) Ltd. (t/a Digicel) v. Office of Utilities of Fiji [1983] 2 A.C. 672 and Mossell (Jamaica) Ltd. (t/a Digicel) v. Office of Utilities of Fiji [1983] 2 A.C. 672 and Mossell (Jamaica) Ltd. (t/a Digicel) v. Office of Utilities of Fiji [1983] 2 A.C. 672 and Mossell (Jamaica) Ltd. (t/a Digicel) v. Office of Utilities ReguReguReguRegulations and Ors (Jamaica) [2010] UKPC (21st January, 2010)) lations and Ors (Jamaica) [2010] UKPC (21st January, 2010)) – necessity for lations and Ors (Jamaica) [2010] UKPC (21st January, 2010)) lations and Ors (Jamaica) [2010] UKPC (21st January, 2010)) appropriate “arm’s length relationship” with the Executive.
The Montserrat legislation mandates that the Commission shall be provided with its own “Secretary” who shall be “an employee of the Commission”.

The Governor has, however, appointed the “Secretary of the Public/Police Service Commission” as the 62 Commission’s Secretary!

Unresolved issue of Executive approval for travel by the Commission on the business of the Commission in Dominica.

• Vagueness and ambiguity in the legislation – e.g.
“head of department” (DOM) • Investigative powers – “Complaints” requiring formal complaint by identifiable individual, body corporate or body of persons; Commission not authorized to initiate such investigation suo motu or on complaint made through the mass media or other public fora, however persistent.

(Republic v First Track High Court, Accra, ex p. Commission on Human Rights and Administrative Justice [2009] 1 LRC 44).

7.

Parliament Oversight Parliament Oversight.


Parliament must continue to demonstrate that it is an Parliament Oversight Parliament Oversight important stakeholder in enhancing the integrity and corruption prevention regime that it has enacted.

5 8.
5 8.

The Courts and “access to Justice” The Courts and “access to Justice”: – delays in proceedings in judicial review The Courts and “access to Justice” The Courts and “access to Justice” matters concerning the Commission and its jurisdiction, its composition and membership.

• Proceedings involving powerful high profile persons in public life.

Head of Government; Head of State; Speaker of the Legislature; Leader of the Opposition who are subject to the Commission’s jurisdiction.
Political power and the Rule of Law.

9.
Conclusion Conclusion – An explanation of the existence of corruption by Caribbean Jurist and Conclusion Conclusion former Contractor - General of Jamaica, Derrick Mc Koy who states that corruption arises in society: (i) because public agents engaged to manage and administer public bureaucracies naturally seek to maximise their own welfare; because the activities of these agents are not sufficiently transparent; and because these agents are often in positions of moral hazard which arises in the public service when public agents can engage in corrupt activity with no real fear that any significant adverse consequences will follow.” (ii) (iii) He concludes on this point by stating that whichever explanation one adopts for the existence of corruption in society the success of the anti-corruption regime will depend on the consistent and certain application of sanctions to the anti-corruption acts.
6 Hence the role of the Director of Public Prosecutions, who is empowered to institute criminal proceedings for breach of the provisions of the statute after considering reports from the Commission, looms large.
5 “Oversight Bodies – Implementation of Integrity Legislation in Very Small Caribbean States,” by Julian N. Johnson” – Public Administration in Very Small States Conference, Marlborough House, London, Aril 23-24, 2013 pp 17-19 6 Corruption: Law, Governance and Ethics in the Commonwealth Caribbean,” Derrick V. McKoy (2012) p 2.
63 DOMINICA: IMPLEMENTATION OF DOMINICA: IMPLEMENTATION OF DOMINICA: IMPLEMENTATION OF DOMINICA: IMPLEMENTATION OF 2013 THE INTEGRITY IN PUBLIC OFFICE ACT 2008 –––– 2013 THE INTEGRITY IN PUBLIC OFFICE ACT 2008 20132013 THE INTEGRITY IN PUBLIC OFFICE ACT 2008 THE INTEGRITY IN PUBLIC OFFICE ACT 2008 Year No.

of Persons in Public Life No.

of Persons who filed No.

of Persons who failed to file No.

of Persons who filed late No.

of Persons Gazetted Compli- ance in percentage (%) No.

of Queries sent No.
of Queries sent No.

of Declara- tions Certified No.

of Cases charged by DPP No.

of cases prosecuted by DPP Dec. Dec. Dec. Dec. 1 1 1 1 2008 2008 20082008 Dec.Dec.Dec.Dec.

31,31,31,31, 2008 2008 20082008 Dec.Dec.Dec.Dec.

31 31 31 31 2009 2009 20092009 Dec.Dec.Dec.Dec.
31, 31, 31, 31, 2010 2010 20102010 DecDecDecDec 31,31,31,31, 2011 2011 20112011 DecDecDecDec 31,31,31,31, 2012 2012 20122012 DecDecDecDec Appendix 10 INTEGRITY COMMISSION OF DOMINICA COUNTRY PAPER – DOMINICA (Presented in PowerPoint) “WORK OF THE COMMISSION IN THE FIGHT AGAINST C0RRUPTION” Delivered in Grenada, June 22 – 26, 2015 by CHAIRMAN JULIAN N. JOHNSON INTRODUCTION • The Integrity in Public Office Act, 2003, No.
6 of 2003 was enacted on 29th May,2003 • Entered into force on 1st September, 2008 and Integrity Commission appointed with effect 2nd September, 2008.
• Dominica acceded to the Inter American Convention Against Corruption, 1996 on 20th October, 2004 • Dominica acceded to the UN Convention Against Corruption, 2003 on 28th May, 2010 FUNCTIONS, POWERS AND DUTIES OF THE COMMISSION • To Receive, examine, inquire into and certify declaration of financial affairs of “persons in public life” (Sections 14-16) • To investigate and inquire into allegations and complaints of non-compliance with the Act.
(Section 9) • To hold inquiry into the source of income of a person in public life where Commission suspects him or any other person on his behalf to be in possession of property or pecuniary resources disproportionate to his legitimate source of income.
(Section 47(2)) • To receive, investigate and hold inquiry into complaints made by a person against a person in public life where the Commission is of the view that investigation is necessary to ascertain whether a breach or any provision of the Act including the Code of Conduct had been committed and report to the DPP.

(Sections 33,34) with 11,23,24) • Required to submit annual report to the Minister of Legal Affairs for tabling in Parliament on the activities of the Commission for the preceding year.
(Section 48) • Powers to make rules to regulate the procedures of the Commission (Section 58) • Required to keep proper accounts to be audited by the Director of Audit or an auditor appointed by the President of Dominica (Section 52) 65 • To keep confidential and secret the declarations of financial affairs and information relating to such declarations received from persons in Public Life or the Commission business or proceedings thereto (Section 21) with 50) INITIATIVES IMPLEMENTED 1.
Introduced a Procedures Manual for the receipt, analysis and examination of annual declarations.

2.

Held sessions with persons in public life, including ministers and other parliamentarians, to sensitize them concerning their statutory obligations and to explain the most important provisions of the Act and how it pertained to them.

3.

Held a well-attended press conference to interact with the media on the workings of the Commission, its performance and challenges.

4.
4.

Published various articles concerning aspects of the provisions of the Act to build public awareness of and gain support for their implementation.

5.

Published a Frequently Asked Questions Booklet, arising from questions of education sessions and press conference for the information of persons in public life and the public and to elucidate some of the more difficult provisions of the Act.

6.
6.

Established a Website to disseminate information concerning the Commission and the carrying out of its functions.

7.

Made the Integrity Commission (Inquiries)Rules, 2012; to govern procedures for conducting inquiries.

I.O.W Sections 58 of the Act.

8.

Commenced work on the setting up and computerization of a data base for annual declarations and processes for analysis of financial disclosure data.

9.
9.

Reviewed legislation and made extensive recommendations to Government for, inter alia, giving greater autonomy and discretion in certain matters to the Commission.

Recommendations included: its activities and a) Periodic review of the Act as mandated by Article 5 of the UN Convention Against Corruption.

b) A standing Select Committee of parliament to examine the annual reports of implementation of any the Commission on recommendations contained therein, subject to Section 13 of the Act.
c) Authority for staffing and personnel management.

d) Detailed listing of office covered by the Act to remove ambiguity in existing list and ensure all high-risk officials are included.

e) Provision for own-volition powers to investigate persistent allegations of breaches of the Act in the public media and not solely by formal complaints made by natural, corporate or body of persons.

the MAIN CHALLENGES 1.


While under Section 52 of the Act the Commission has continued to be provided with adequate financial resources to carry on its operations (including supplementary in the resources for legal expenses), administrative autonomy issues arise 66 appointment, management and disciplining of staff, the control of physical accommodation (its meeting place), the travelling of its Commissioners and staff, and the laying of its report in parliament by the Minister.

2.
2.

The enforcement of the provisions of the Act has been hampered by inadequate support in prosecuting breach of its provisions to the extent that a number of cases have either not been heard or have been discontinued.

3.

Failure of the relevant authority to table its annual report to parliament has affected its accountability obligations and the effectiveness of its reporting on certain vital issues affecting its operations.
No provision was made as in the Audit Act for the Commission to submit directly to the Speaker of House of Assembly after the expiration of the prescribed period.

4.
4.

Part VI of the Act dealing with bribery and corruption has broaden the jurisdiction of the Commission to deal with “prescribed officers” that is virtually all public officers and not only “persons in public life” has remained inoperative because no Regulations have been made by the Minister concerning the procedures of the Commission in that regard.

5.
5.

Public support is still lacking either because of misunderstanding of the role and authority of the Commission or the deep divide in political communities where communities remain dissatisfied with actions taken by the Commission from the perspective of party interests.

Nor is the Commission itself unaffected by this divide between communities.

(Constituencies Boundaries Commission v. Urban Baron [1999] ECLR 114) the findings and learning in that case are instructive.

RESULTS OF INITIATIVES 1.


Procedures Manual has brought consistency in the examination of financial disclosure and made operations more efficient and sustainable.

2.

Education sessions have helped to maintain a high compliance rate in the annual filing of declarations.

3.

Computerization of data base and analysis of declarations has speeded up work on the examination of annual declarations and allowed for greater access to financial disclosure data.

4.
4.

Legislative and administrative review has sensitized government to the need for amendments to the Act and for strengthening the organizational structure of the Commission.

A new Act is now being drafted.

5.

The website has helped in facilitating networking and disseminating useful information.

The chart below reflects the period 2008 – 2013 which summarizes the Commissions work and which may be accredited to the initiatives implemented and the zero tolerance of the Commission to non-compliance.
67 Year No.

of Persons in Public Life No.

of Persons who filed No.

of Persons who failed to file No.

of Persons who filed late No.

of Persons Gazetted Compli- ance in percent- age (%) No.

of Queries sent No.

of Declara- tions Certified No.

of Cases charged by DPP No.


of cases prosecuted by DPP Dec. Dec. 31, 2008 Dec. 31 2009 Dec. 31, 2010 Dec 31, 2011 Dec 31, 2012 Dec 31, 2013 REFLECTIONS ON LESSONS LEARNT 1.
The Act is based on a reactive approach to complaints from the public or the examination of financial disclosure and does not sufficiently address the proactive prevention of unethical behaviour.

Unlike similar legislation in other regional and extra- regional countries, the Act does not require the Commission to educate persons in public life and other public servants in public service ethics.
The Commission is persuaded that while complaints from the public and the examination of financial disclosure may be a sufficient deterrent to unethical behaviour, a more sustainable and effective prevention is instructing persons in public life and other public officers in public service ethics.

The Commission has obtained from the Integrity Commission of Tasmania a training module in Ethics, including guidelines for its use which it intends to adopt.

2.
2.

The Code of Conduct set out in the Act covers actual conflict of interest.

It is important to also guard against potential conflict of interest.

While this was outside its purview, the Commission was successful in persuading a member of Cabinet to discontinue an association that had a potential for conflict of interest.

This is an important safeguard and should be provided for in legislation.

3.

The Commission must function with independence and impartiality.
Unauthorized control by the executive could compromise its statutory functions and purpose.

68 4.

Legislation should give own volition power and lay down clear procedures for dealing with the bribery and corruption regime in Part VI of the Act.

5.

All offenses under the Act are criminalized.

Certain offenses (late filing of declarations) should be made administrative offenses and dealt with conclusively by the Commission or referred to the Public Service Commission for disciplinary action.

6.
6.

The formal complaint provisions in the Act may be discouraging, especially as there is no whistle-blower protection.

7.

Examination of financial disclosure without public scrutiny of at least a summary of the accounts of the reporting person makes it difficult to discover incomplete or false information.

(contrast Bahamas provisions) 8.

Without the support and cooperation of the public, the work of the Commission will continue to be hampered and incomplete.
RECOMMENDATIONS Individually, the OECS Countries cannot provide the level and quality of resources to sustain effective surveillance over public sector behavior in the areas covered by their legislation.

Trinidad and Tobago’s recent experience in obtaining information from international giants like Google is instructive.

Given the small size of most of the administrations, collective effort is of paramount importance.
An umbrella organization would go a long way to strengthening the pool of resources that could help to take the surveillance of all the Commissions forward.

This could be done in several ways including: o Peer review to upgrade exponentially the quality of skills and processes in each jurisdiction.

o A skills bank to provide resources for highly technical investigations involving access to information outside domestic jurisdictions.

o Coordination of jurisdictions.


legislative upgrading and systems development in all o High level advocacy for influencing government interventions in the governance of all Commissions.

o SUGGESTED AMENDMENTS TO THE INTEGRITY IN PUBLIC OFFICE ACT, 2003 e.g.

(see appendix 6 of the Third Annual Report - 2011) o 69 Appendix 11: Paper presented by Commissioner Dyer 70 71 72 73 74 75 76 77 Appendix 12: Report of Meeting – Minister /Justice and Chairman - IC 78 79 80 81 82