Gov’t still to reconstitute Integrity Commission

 Gail Teixeira
Gail Teixeira

Almost one year has elapsed since the life of the Integrity Commission board expired and the government is yet to make substantive movement in the reconstitution of the all-important body.

The previous Integrity Commission board expired on February 21, 2021, and the process to appoint a new board commenced since last year.

When contacted, Minister of Parliamentary Affairs and Governance Gail Teixeira told Stabroek News that the process is yet to be completed.

“We are still looking at names in that regard. I can’t say when it would be completed but I am hoping that it is sooner than later,” she said during a brief telephone interview.

The Minister added that the position as a member of the Integrity Commission’s board is one that holds great importance and the government is doing everything to ensure that it is constituted with the right persons.

“We are looking at suitable names and reach out (to the identified persons) because it is not a one-sided process where we name someone and they accept. We have to see if they are interested and want the job then take it from there,” Teixeira explained.

The former board comprised of former Magistrate and retired Land Court Judge Kumar Doraisami, who served as its Chair. The other members were attorney at law Rosemary Benjamin-Noble and pandit Rabindranath Persaud.

The Integrity Commission is the body that examines the asset statements of public officers in an attempt to maintain transparency and accountability in the public sector.

In March of last year, during the consideration of the estimates, Teixeira had indicated that the process for the replacement of the expired board had commenced. She was being questioned, at the time, about the $69.2 million allocation to the Commission.

“It has expanded staff and there are now investigators and they continue to function with reports received last year and until the new board comes in,” she had informed.

When previously asked about consultation with the Opposition Leader on the appointment, the Minister had said that it is not mandatory but the Opposition Leader can submit names for the President to consider.

However, the Act speaks to consultation and agreement between the President and Opposition Leader.

Section 3(4) of the Integrity Commission Act specifies that the Chairman and other members shall be appointed by the President after consultation with the Opposition Leader. Additionally, Section 4(1) of Act states “…the chairman or any other member shall be appointed for such period, being not less than one year, as may be specified by the President when appointing him; and the emoluments and other terms and conditions of appointment of the chairman and other members shall be such as may be determined by the President after consultation with the Minority Leader.”

The Act also states that the “Chairman shall be a person who is or who was, or who is qualified to be, appointed as, a Puisne Judge of the High Court or any other fit and proper person. The other members shall be appointed from among persons appearing to the President to be qualified as having had experience of, and shown capacity in, law, administration of justice, public administration, social service, finance or accountancy or any other discipline.”

The Act mandates that the Commission discharge its functions without the interference of any person or authority. It mandates every person in public life to submit a declaration of their finances on or before June 30 every year or “where such person ceases to be a person in public life, within thirty days from the date on which the person ceases to be a person in public life”.

Section 13(3) states “A declaration under subsection (I) or (2) shall give full, true and complete particulars of the assets and liabilities as on the relevant date, and the income during a period of twelve months immediately prior to the relevant date, of the person filling the declaration (whether the assets  were held by that person in his own name or in the name of any other person) and of the spouse and children of such person to the extent to which such person has knowledge of the same: Provided that as regards assets referred to in paragraph 2 in Form 2 it shall be sufficient to comply with the requirements regarding the description and value thereof as stated in paragraph 2.”

Under Doraisami’s tenure, the Commission publicized the names of those public officials who failed to submit their declarations.