Integrity Commission still to be reconstituted

Seven months after the expiration of the last Integrity Commission, the government is still to identify or appoint a replacement.

The Commission which examines the asset statements of public officers in an attempt to maintain transparency and accountability in the public sector was last chaired by former magistrate Kumar Doraisami.

Following the expiration of its tenure on February 21, Minister of Parliamentary Affairs and Governance Gail Teixeira told the National Assembly in March that the process of installing a new Integrity Commission board has commenced. She expressed the hope that new members would be appointed shortly. Repeated attempts to reach the Minister for an update since that time have proved futile.

During the debate on the budgetary estimates, Teixiera explained that $69.2 million had been allocated for the maintenance of the secretariat including the payment of salaries and other allowances which will allow for the staff to function until a new board has been installed.

“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,” the Minister noted at the time.  Since then the secretariat has changed locations and announced two separate deadlines for submission of the 2021 declarations of assets and liabilities.

The original August 31 deadline has been extended to October 31. It is not clear if this extension would be considered a policy decision outside the scope of the secretariat.

Doraisami told Stabroek News last week that in the absence of a functioning commission the secretariat can receive and investigate declarations.

“They cannot do anything in regards to policy,” he noted adding that the Ministry of Governance is managing its budget.

It is likely that this Commission like the Judicial Service Commission (JSC) is victim to President Irfaan Ali’s refusal to acknowledge Leader of the Opposition Joseph Harmon.

Teixiera has said that the Integrity Commission act allows for the President to consult with the Opposition Leader but it is not mandatory that a mutual decision be made.

While speaking to the House, she pointed out that Harmon can submit his recommendations but it entirely up to the President to decide who to appoint to the board.

This is not entirely the case as 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. Section 4(1) further specifies that the emoluments and other terms and conditions of appointment of the Chair and other members shall be such as may be determined by the President after consultation with the Opposition Leader.