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…says not mandated to consult opposition leader on appointments
The Irfaan Ali Administration is in the process of identifying Commissioners to sit on the Integrity Commission, Minister of Parliamentary Affairs and Governance Gail Teixeira disclosed on Wednesday as she justified the $69.2M subvention set aside for the Commission in the 2021 National Budget.
Responding to a series of questions posed by A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament Ganesh Mahipaul, Minister Teixeira told the Committee of Supply considering the Budget Estates, that the life of the Board of the Commission expired on February 21, 2020, however, the Government has initiated the process of identifying a new Board. The Minister of Parliamentary Affairs and Governance told the Committee that the process is likely to be completed within a short period of time.
Weighing in on the matter, Opposition Chief Whip, Christopher Jones sought to ascertain whether it is mandatory for President Irfaan Ali to consult the Opposition Leader Joseph Harmon ahead of the appointment of the Integrity Commission.
Minister Teixeira, in response, said while there is room for consultation it is not mandatory that the President secures the approval of the Opposition Leader.
“If I remember, the President appoints after consultation but it does not mean consultation as defined by the Constitution. So, basically he [the President] informs him, hoping that he agrees but if he doesn’t agree, the President can continue to appoint,” Minister Teixeira explained to the Committee of Supply.
Under the Integrity Commission Act, the President is to appoint a chairperson and other commissioners after consultation with the Opposition Leader.
Referencing to President Ali’s “Oneness Vision,” APNU+AFC Member of Parliament Jermaine Figueira then enquired from the Government’s Chief Whip if she would encourage the Head of State to accept nominees from the Opposition Leader.
“In the realm of possibilities sir, anything is possible. However, Mr. Harmon knows that I am waiting on his submission for the Local Government Commission, so I will use that as a test run sir,” the Minister of Parliamentary Affairs and Governance said in response to the question posed.
The Minister was, however, keen on clarifying that while the Board, which was previously chaired by Kumar Doraisami, has expired, the Integrity Commission is still in operation, as such the money will offset salaries and other expenses associated with the functioning of the Commission.
In February, 2018, then President David Granger, had appointed a three-member Commission chaired by Doraisami. The move came one year after the then Prime Minister Moses Nagamootoo had gazetted the Integrity Commission (Amendment of the Code of Conduct) Order.
In keeping with the 10 Principles of Public Life – accountability, dignity, diligence, duty, honour, integrity, loyalty, objectivity, responsibility and transparency – the order addressed issues of bribes, discrimination, gifts, conflict of interest, use of official influence, handling of classified information, use of public property, sexual misconduct and entertainment.
The Integrity Commission Act was assented to on September 24, 1997. It provides for the appointment of a chairman to head the Commission, and not less than two and not more than four other members of the Commission, a secretary to oversee the day-to-day work of the Commission, and other officers for the proper functioning of the Commission.
Based on the Act, the chairman is required to be a person who is or was qualified to be a Puisne Judge of the High Court, or any other fit and proper person; and the other members should appear to the President as having experience and showing capacity in law, public administration, social service, finance or accountancy or any other discipline.
Public officers and positions listed under Schedule 1 of the Commission’s Act are required to disclose their financial assets and liabilities on or before June 30 each year. When a public officer ceases to be a person in public life, he or she should disclose his or her assets and liabilities to the Commission within 30 days from the date that individual cease to be a person in public life, the legislation states.
Prior to 2018, the Commission had been without a chairman for approximately 12 years.
