INTEGRITY COMMISSION BILL

Transcription

1 The fllwing is the Barbads Labur Party s draft Integrity Cmmissin Bill. We invite yu, the members f the public, t cmment n this Bill as we intend after taking int accunt yur suggestins t have this enacted as a pririty if we are granted the privilege f being elected in the frthcming general electins. Please nte that all cmments and queries will be held in the strictest cnfidence. If yu need clarificatin f any pint, please leave an and we will get back t yu. Thank yu. INTEGRITY COMMISSION BILL ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Shrt title 2. Interpretatin PART II INTEGRITY COMMISSION 3. Establishment f Integrity Cmmissin 4. Disqualificatin frm membership 5. Tenure f ffice 6. Appintment f Chairman 7. Vacancy in membership f Cmmissin 8. Prceedings and meetings 9. Oath 10. Interest in matters r prceedings befre Cmmissin by member 11. Secretary t the Cmmissin 12. Publicatin in Official Gazette 13. Functin f Cmmissin 14. Cnsultatin 15. Agreement and exchange f infrmatin with law enfrcement agencies 16. Funds f Cmmissin 17. Officers and emplyees f Cmmissin 18. Investigative fficers PART III PROCEDURE OF THE COMMISSION

2 19. Prcedure 20. Cmmissiner s pwers t summn and examine witnesses 21. False evidence, hw punishable 22. Duty f witnesses summned 23. Appearance f cunsel 24. Plice fficers detailed t attend Cmmissin 25. Issue f Summns 26. Witness may be examined n ath 27. Duty and privilege f persns PART IV INVESTIGATIONS Pwers f Investigative Officers 28. Pwers f arrest 29. Pwer f Justice f the Peace t authrize entry and search f premises 30. Prductin Orders 31. Applicatin f sectins 136 and 137 f the Prceeds f Crime Act 32. Cmplaints abut cnduct f an investigative fficer 33. Cmplaints panel appinted 34. Dispsitin f cmplaint withut investigatin 35. Investigatin f cmplaints 36. Review f cmplaints by panel 37. Implementatin f panel s recmmendatins Offence 38. Obstructin f investigative fficer 39. Declaratin f financial affairs 40. Trust prperty 41. Full disclsure 42. Blind trusts 43. Receipt and examinatin f declaratins 44. Cmmissin r the Gvernr General may require further particulars 45. Failure t file declaratin r furnish particulars 46. Cmmissin may hld frmal inquiry 47. Duty as t secrecy 48. Failure t file declaratin 49. Cmmissin t make reprt 50. Further infrmatin frm members f Cmmissin in respect f their declaratins 51. Offences and penalties PART VI REGISTER OF INTEREST 52. Duty f member t file statement f registrable interests 53. Cntents f statement f registrable interests

3 54. Register f interests 55. Cmmissin may require further particulars 56. Offences by member f the Huse f Assembly 57. Disqualificatin f member frm hlding public ffice 58. Inquiry re breach by Minister r member f requirements f sectin 48(1)(e) r rules made under sectin 51(4) f Cnstitutin 59. Prcedure at inquiry 60. Issuance f determinatin f acquisitin f prhibited interest in a Gvernment cntract PART VII GIFTS 61. Reprt t Cmmissin f gifts 62. Reprt t Gvernr General f gifts 63. Penalty fr cntravening sectin 61 r Prsecutins PART VIII ACTS OF CORRUPTION 65. Prvisins f this Part in additin t any ther law 66. Pwers f apprpriate disciplinary authrity preserved 67. Acts f Crruptin 68. Offence in respect f prcuring tenders 69. Transnatinal bribery 70. Offences and penalties 71. Prperty acquired bna fide 72. Defence nt available t persn charged 73. Defence available t persn charged 74. Presumptin f crruptin 75. Pssessin f unaccunted prperty r pecuniary resurce 76. Prf f acquisitin by lawful means 77. Making f false allegatin 78. Cmplaint t the Cmmissin 79. Duty f public fficial t reprt act f crruptin 80. Inquiry by the Cmmissin 81. Actin by Directr f Public Prsecutins 82. Where public allegatin is made PART IX CONDUCT IN PUBLIC LIFE Cde f Cnduct 83. Inquiry r investigatin int cntraventin f Cde f Cnduct by public fficials 84. Cmmissin may request further infrmatin r hld frmal inquiry 85. Cmmissin t reprt n its findings

4 Whistleblwer Prtectin 86. Prtected disclsures 87. Disclsure t emplyer r ther respnsible persn 88. Disclsure t legal adviser 89. Disclsure t Minister r Gvernr General 90. Disclsure t Cmmissin 91. Disclsure f exceptinally serius matter 92. Disclsure in particular circumstances 93. Previus disclsures f substantially the same infrmatin 94. Prtectin vis a vis emplyer r persn in authrity 95. Cntractual limitatins PART X MISCELLANEOUS PROVISIONS 96. Assistance by Cmmissiner f Plice 97. Cnfidentiality f infrmatin 98. Amendment f Schedules 99. Regulatins 100. Pwer f Cmmissin t make rules SCHEDULE 1: SCHEDULE 2: SCHEDULE 3: Persns in Public Life Frms Oath f Secrecy INTEGRITY COMMISSION ACT AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN INTEGRITY COMMISSION AND TO MAKE PROVISIONS FOR THE PURPOSE OF SECURING THE INTEGRITY OF PERSONS IN PUBLIC LIFE. Cmmencement PART I PRELIMINARY Shrt title 1. This Act may be cited as the Integrity Cmmissin Act.

5 Interpretatin 2. In this Act assets f a persn means all prperty including any right r interest in prperty and mney held by the persn in the Islands r elsewhere; benefit includes any prperty, service r advantage whether direct r indirect; Chairman means the chairman f the Cmmissin appinted under sectin 6; [ child, in relatin t a persn, means the persn s child wh has nt attained the age f eighteen years and is nt married and includes a step-child r an adpted child; and, in respect f a man, includes a child brn f whm the man had been adjudged the father by a curt f cmpetent jurisdictin r whm the man had acknwledged t be his wn child;] [Cde f Cnduct means the Cde f Cnduct fr Persns in Public Life published by the Cmmissin under sectin 83 f this Act;] Cmmissin means the Integrity Cmmissin established under Sectin 3 Cnstitutin means The Cnstitutin f Barbads; dcument includes, in additin t a dcument in writing a map, plan, graph, r drawing; any phtgraph; any disc, tape, sund track r ther device in which sunds r ther data nt being visual images are embdied s as t be capable, with r withut the aid f sme ther equipment f being reprduced therefrm; any film, including micrfilm, negative, tape r ther device in which ne r mre usual images are embdied s as t be capable with r withut the aid f sme ther equipment f being reprduced therefrm;

6 Gvernment cmpany means a cmpany registered under the Cmpanies Act being a cmpany whse plicies the Gvernment r an agency f Gvernment, whether by hlding shares r by financial input, is in a psitin t influence; Gvernment fficial f anther State means a public fficial f a state ther than Barbads; incme includes mney r mney s wrth derived frm whatever surce r acquired in r ut f the Islands whether directly r indirectly; all receipts by way f salary, fees, wages, requisitins, prfits, grants emluments, rents interest, cmmissins, bnus, pensins, annuity r benefit; investigative fficer means a persn designated as such under sectin 18(1); lawful earnings includes but nt limited t any prperty inherited by will r n intestacy; liabilities f a persn means all the bligatins f the persn t pay mney r t prvide gds r services in Barbads the Islands r elsewhere; member means a member f the Cmmissin appinted under sectin 3 and includes the Chairman; privileged material means cmmunicatins between a prfessinal legal adviser and his client, r any persn representing his client, made in cnnectin with the giving f legal advice t the client; cmmunicatins between a prfessinal legal adviser and his client, r any persn representing his client, r between such an adviser r his client (r any such representative) and any ther persn made in cnnectin with r in cntemplatin f legal prceedings and fr the purpses f such prceedings; r

7 material enclsed with r referred t in such cmmunicatins and made in cnnectin with the giving f legal advice; r in cnnectin with r in cntemplatin f legal prceedings and fr the purpses f such prceedings, when the cmmunicatins r material are in the pssessin f a persn wh is entitled t such pssessin and are nt held with the intentin f furthering a criminal purpse; prperty includes mney and all prperty, real r persnal and things in actin; public bdy includes the Huse f Assembly and Cabinet; Ministries r departments f Gvernment; a crpratin established by an Act r a subsidiary cmpany f that crpratin; a cmmissin, statutry bard, public authrity r ther bdy which receives any payment f mnies under an Apprpriatin Act, within the meaning f the Financial Administratin and Audit Act Cap. 5 f the Laws f Barbads public fficer has the meaning given t it under sectin 2 f the Public Service Act N. 41 f public fficial means a persn wh is a member f a public bdy, r a public fficer; Register f interests means the Register established under Part VI f this Act; spuse, in relatin t a specified persn in public life, means a persn t whm the specified persn in public life is married; r

8 wh is living with the specified persn in public life in the circumstances f husband and wife fr a cntinuus perid f ne year during the perid cvered by the persn s declaratin; specified persn in public life means a persn wh hlds any ffice specified in Schedule 1; staff member means an emplyee r fficer f the Cmmissin wh is at r abve the rank f Secretary t the Cmmissin; statement f registrable interests means a statement filed under sectin 52 f the interests described in sectin 53 held by r cncerning a member f the Huse f Assembly; Tribunal means a Tribunal established under sectin 7(4). PART II INTEGRITY COMMISSION Establishment f Integrity Cmmissin 3. (1) There is hereby established an Integrity Cmmissin fr Barbads. The Cmmissin shall cnsist f a chartered r certified accuntant f at least ten years standing appinted by the Gvernr General after cnsultatin with any bdy which in his pinin represents chartered r certified accuntants in Barbads; a persn wh has held r [hlds] the ffice f Judge in a Curt f Recrd r Supreme Curt in any part f the Cmmnwealth appinted by the Gvernr General, after cnsultatin with the Prime Minister and the Leader f the Oppsitin. a persn wh has been admitted as an attrney under the Legal Prfessin Act and whse name has been entered n the Rll f Attrneys with at least ten years standing, appinted by the Gvernr General, after cnsultatin with the Cuncil f the Barbads Bar Assciatin;

9 a member f the clergy, appinted by the Gvernr General after cnsultatin with the Prime Minister and Leader f the Oppsitin; a persn appinted by the Gvernr General n the advice f the Prime Minister; a persn appinted by the Gvernr General n the advice f the Leader f the Oppsitin. Disqualificatin frm membership 4. A persn shall nt be qualified t be appinted as a member f the Cmmissin if that persn is a member f Parliament; has, at any time during the three years preceding the appintment, been a public fficer; has, at any time during the five years preceding the appintment, held ffice in a plitical party; r wuld therwise be disqualified in accrdance with sectin 44 f the Cnstitutin, t be a member f the Huse f Assembly. Tenure f ffice 5. All members f the Cmmissin shall be appinted by instrument and shall, subject t the prvisins f this Part, hld ffice fr a perid f three years and shall be eligible fr re-appintment. Appintment f Chairman 6. (1) The Gvernr General acting in his discretin shall appint ne f the members t be Chairman f the Cmmissin. The Chairman shall preside at all meetings f the Cmmissin at which he is present, and in the case f the absence f the Chairman frm any meetings, the members present and frming a qurum shall elect ne f their members t preside at the meeting.

10 Vacancy in membership f Cmmissin 7. (1) The ffice f a member f the Cmmissin shall becme vacant at the expiratin f the term specified in the member s instrument f appintment; if he ntifies the Gvernr General by writing under his hand f his intentin t resign his ffice and the resignatin shall take effect when the letter f resignatin is received by the Gvernr General; n the death r retirement f a member; r n the absence f a member frm three cnsecutive meetings f the Cmmissin, unless that absence is apprved by the Gvernr General. A member may be remved frm ffice by the Gvernr General fr inability t discharge the functins f his ffice, whether arising frm infirmity f mind r bdy r any ther cause, r fr misbehaviur and shall nt be remved except in accrdance with the prvisins f this sectin. A member shall be remved frm ffice by the Gvernr General if the questin f his remval frm ffice has been referred t a Tribunal appinted under subsectin (4) and the Tribunal has recmmended t the Gvernr General that the member ught t be remved fr inability t discharge the functins f his ffice r fr misbehaviur. Where the Gvernr General, acting after cnsultatin with the Prime Minister and Leader f the Oppsitin, cnsiders that the questin f remving a member ught t be investigated, the Gvernr General shall appint a Tribunal which shall cnsist f three persns, f whm ne is t be a judge f the Supreme Curt and ne is t be a persn wh has been admitted as an attrney under the Legal Prfessins Act with at least ten years standing,

11 t enquire int the matter and reprt n the facts theref t the Gvernr General and recmmend t him whether the member ught t be remved under this sectin. The Tribunal appinted under subsectin (4) shall give the member an pprtunity t shw cause why he shuld nt be remved frm ffice. Where the questin f remving a member has been referred t a Tribunal under this sectin, the Gvernr General, acting after cnsultatin with the Prime Minister and the Leader f the Oppsitin may suspend the member frm the exercise f the functins f his ffice. A suspensin may at any time be revked by the Gvernr General and shall in any case cease t have effect if the Tribunal recmmends t the Gvernr General that the member shuld nt be remved. Pursuant t this sectin, if any vacancy ccurs in the membership f the Cmmissin, that vacancy shall be filled by the appintment f anther persn frm the categries f persns in sectin 3(2). Prceedings and meetings 8. (1) The Cmmissin shall meet at times as may be expedient fr the Cmmissin t carry ut its functins. A qurum f the Cmmissin shall be fur. The prceedings f the Cmmissin shall nt be affected by any vacancy amngst the members theref r by any defect in the appintment f any member. The Gvernr General may in writing request the Cmmissin t meet at such times as he thinks fit. Oath 9. A member shall befre assuming the functins f his ffice, make and subscribe the ath f ffice and the ath f secrecy in the frm t be prescribed.

12 Interest in matter r prceedings befre Cmmissin by member 10. (1) Where the Chairman r any ther member is interested in any matter befre the Cmmissin r any persn wh is a party t any prceedings befre the Cmmissin, the chairman r ther member s interested shall disclse the nature f his interest t the Cmmissin and shall nt participate in its sittings in relatin t the said matter r persn. Where in the pinin f the Gvernr General r f the Cmmissin, the chairman r any ther member is interested in any matter befre the Cmmissin r any persn wh is party t any prceedings befre the Cmmissin, the Gvernr General r the Cmmissin, as the case may be, shall direct the chairman r ther member nt t participate in the sittings f the Cmmissin in relatin t the said matter r persn. Secretary t the Cmmissin 11. (1) There shall be a Secretary t the Cmmissin. The duties f the Secretary shall be t attend the meetings f the Cmmissin; t recrd the prceedings f the Cmmissin and keep the minutes f each meeting in prper frm; and generally, t perfrm duties cnnected with the wrk f the Cmmissin as the Cmmissin may require. Publicatin in the Official Gazette 12. The appintment, resignatin, revcatin f appintment r death f a member f the Cmmissin shall be published in the Official Gazette. Functins f Cmmissin 13. (1) The functins f the Cmmissin shall be

13 t receive and keep n recrd all declaratins, statements f registrable interests and reprts f gifts frwarded by persns in public life; t examine declaratins, statements f registrable interests and reprts f gifts and t request frm a specified persn in public life any infrmatin r further infrmatin relevant t a declaratin, statement f registrable interests r reprt f a gift made by him, which may assist the Cmmissin in its examinatin; t make inquiries and carry ut investigatins as it cnsiders necessary in rder t verify r determine the accuracy f a declaratin, statement f registrable interests r reprt f a gift filed under this Act; t receive, inquire int and investigate any cmplaint r reprt f an alleged act f crruptin under Part X; an alleged cntraventin f the Cde f Cnduct; the acquisitin by a member f the Huse f Assembly f an interest in a cntract with the Gvernment that is cntrary t the rules made under sectin 100(2); r an alleged ffence under any Act that assigns respnsibility fr the investigatin f ffences t the Cmmissin; t investigate any matter referred t in paragraph (d) n its wn initiative, if the Cmmissin is satisfied that there are reasnable grunds fr an investigatin r inquiry; t examine the practices and prcedures f public bdies in rder t facilitate the discvery f crrupt practices, except where there is a statutry duty n any persn t perfrm that functin; t instruct, advise and assist the management f public bdies f any change in practices r prcedures which may be necessary t reduce the ccurrence f crrupt acts, except where there is a statutry duty n any persn t perfrm that functin; and t perfrm functins and exercise pwers as it is required by this Act, the Cnstitutin r any ther Act.

14 In the exercise f its pwers and perfrmance f its functins under this Act the Cmmissin may nt be subject t the directin r cntrl f any persn r authrity. The Gvernr General may in writing request the Cmmissin t investigate any matter falling within the functins f the Cmmissin and the Cmmissin may exercise its pwers under this Act fr the purpses f the investigatin. Cnsultatin 14. The Cmmissin may cnsult with any persn, institutin r rganisatin in the exercise f its pwers f investigatin, r in the cnduct f an inquiry, under this Act. Agreements and exchange f infrmatin with law enfrcement agencies 15. (1) The Cmmissin may enter int such written agreements, arrangements r memranda f understanding with a law enfrcement agency, including a freign law enfrcement agency, as the Cmmissin cnsiders necessary r desirable fr the discharge r perfrmance f its functins. The Cmmissin shall be treated as a law enfrcement agency fr the purpses f receiving disclsures f infrmatin which are relevant t its functins frm any law enfrcement agency, including a freign law enfrcement agency. Subject t sectins 47 and 97, the Cmmissin may disclse t a law enfrcement agency, including a freign law enfrcement agency, any infrmatin disclsed t the Cmmissin. Funds f Cmmissin 16. (1) The funds f the Cmmissin shall cnsist f such funds ut f the Cnslidated Fund as may be vted by Parliament.

15 The Cmmissin shall keep prper accunts f receipts, payments, assets, and liabilities and thse accunts shall be audited annually by the Auditr General. The Cmmissin shall, befre the cmmencement f each financial year, prepare and frward t the Prime Minister a reprt f its activities during the previus financial year, including a statement f its accunts audited in accrdance with subsectin (2). A cpy f the reprt tgether with the Auditr General s Reprt shall be laid befre the Huse f Assembly. Officers and emplyees f Cmmissin 17. (1) The Cmmissin may, acting within the funds and resurces available t it emply such fficers and emplyees as are required fr the prper perfrmance f the functins f the Cmmissin; retain the services f prfessinal persns. The remuneratin and ther terms and cnditins f emplyment f the fficers and emplyees f the Cmmissin emplyed under subsectin (1) and the prfessinal persns retained under that subsectin shall be such as may be determined r varied by the Cmmissin frm time t time. Fr the purpse f the perfrmance f the functins cnferred n the Cmmissin, it may, with the cnsent f the apprpriate authrity, utilise the services f any public fficer r ther emplyee f Gvernment. The Cmmissin may, with the apprval f the Minister respnsible fr Finance, make such prvisins as it deems apprpriate fr the payment f pensin, gratuity r ther allwances in respect f the service f its fficers and ther emplyees n their retirement frm emplyment with the Cmmissin. In subsectin (3) apprpriate authrity, in relatin t any public fficer r ther emplyee f the Gvernment, means the persn r authrity vested by law with pwer t appint such public fficer r emplyee f the Gvernment t the psitin he held in the

16 Gvernment at the time when his service is sught t be utilised by the Cmmissin. Investigative fficers 18. (1) The Cmmissin may designate a persn emplyed under sectin 17(1) as an investigative fficer and may issue t such fficer a warrant card, which shall be prima facie evidence f the fficer s designatin. An investigative fficer has the functin f carrying ut investigatins in relatin t any matter, whether r nt invlving an alleged ffence, in respect f which the Cmmissin exercises functins under this Act r any ther Act. An investigative fficer has the pwers described in Part IV but, fr the avidance f dubt, shall nt be a member f the Plice Frce and shall nt be subject t directin r cntrl by the Cmmissiner f Plice; r the Plice Regulatins, Standing Orders r any disciplinary cde made under the Plice Act. PART III PROCEDURE OF THE COMMISSION Prcedure 19. Subject t the prvisins f this Act, the Cmmissin may regulate its wn prcedure and may make rules fr this purpse. Cmmissin s pwers t summn and examine witnesses 20. (1) The Cmmissin acting under this Act shall have the pwers f a Supreme Curt judge t summn witnesses, and t call fr the prductin f bks, plans, and dcuments, and t examine witnesses and parties cncerned n ath.

17 N member r staff member f the Cmmissin shall be liable t any actin r suit fr any matter r thing dne by him in gd faith as a member f the Cmmissin, r in the curse f carrying ut his duties r emplyment, as the case may be. All summnses fr the attendance f witnesses r ther persns, r the prductin f dcuments, shall be in Frm 3 as set ut in Schedule 2 and shall be signed by the Chairman r any ther member f the Cmmissin, and aths may be administered by the Secretary. False evidence, hw punishable 21. Any witness wh shall wilfully give false evidence in any inquiry cncerning the subject matter f such inquiry, cmmits perjury, and is liable t be prsecuted and be punished accrdingly. Duty f witnesses summned 22. (1) All persns summned t attend and give evidence, r t prduce bks, plans, r dcuments, at any sitting f the Cmmissin, shall be bund t bey the summns served upn them as fully in all respects as witnesses are bund t bey subpenas issued frm the Supreme Curt, and shall be entitled t the like expenses as if they had been summned t attend the Supreme Curt n a criminal trial, if the same shall be allwed by the Cmmissin; but the Cmmissin may disallw the whle r any part f such expenses in any case, if the Cmmissin thinks fit and the prcedure fr the payment f such witnesses shall be the same as nearly as may be fr the payment f witnesses in the Supreme Curt, and they shall be paid at such time and in such manner as the Minister respnsible fr finance may direct. Every persn refusing r mitting, withut sufficient cause, t attend at the time and place mentined in the summns served n him, and every persn attending, but leaving the Cmmissin withut the permissin f the Cmmissin, r refusing withut sufficient cause t answer, r t answer fully and satisfactrily t the best f his knwledge and belief, all questins put t him r with the cncurrence f the Cmmissin, r refusing r mitting withut sufficient cause t prduce any bks, plans r dcuments in his pssessin, r under his cntrl, and mentined r referred t in the summns served n him, and every persn

18 wh shall at any sitting f the Cmmissin willfully insult any member f the Cmmissin, r secretary, cmmits an ffence and is liable n summary cnvictin t a fine f ten thusand dllars r t a term f imprisnment f six mnths r bth. A persn giving evidence befre the Cmmissin shall nt be cmpellable t incriminate himself, and every such persn shall, in respect f any evidence given by him befre the Cmmissin, be entitled t all privileges t which a witness giving evidence befre the Curt is entitled in respect f evidence given by him befre such Curt. Appearance f cunsel 23. Any persn whse cnduct is the subject f inquiry under this Act r wh is in any way implicated r cncerned in the matter under inquiry, shall be entitled t be represented by an attrney r a friend at the inquiry, and any ther persn wh may cnsider it desirable that he shuld be s represented may, by leave f the Cmmissin, be represented in the manner afresaid. Plice fficers detailed t attend Cmmissin 24. The Cmmissiner f Plice may, if s required by the Cmmissin, detail plice fficers t attend t preserve rder during the prceedings f the Cmmissin, and t perfrm such ther duties as usually pertain t their ffice when in attendance upn the Supreme Curt, and t serve summnses n witnesses, and t perfrm such ther duties as the Cmmissin shall direct. Issue f Summns 25. (1) Any summns t attend t give evidence r t prduce dcuments befre the Cmmissin shall be served n the persn required t attend r t prduce the dcument and shall be issued under the hand f the Secretary. A summns shall be be served n the persn mentined therein either by delivery t that persn f the summns r delivery in sme ther manner as may be rdered by the Cmmissin, but s as t ensure that the summns is brught t the attentin f that persn.

19 A summns under this sectin may be served by a persn authrised by the Cmmissin. Witness may be examined n ath 26. The Cmmissin may require that any facts, matters r things relating t the subject f inquiry be verified r therwise ascertained by the ral examinatin f witnesses; and cause witnesses t be examined n ath which the Chairman r the Secretary shall be authrized t administer. Duty and privilege f persns 27. All persns summned t attend and give evidence r t prduce any paper, bk, recrd r dcument befre the Cmmissin shall be bund t bey the summns served upn them; entitled, in respect f that evidence t the disclsure f any cmmunicatin r the prductin f that paper, bk, recrd r dcument as befre a curt f law. PART IV INVESTIGATIONS Pwers f Investigative Officers Pwer f arrest 28. (1) In carrying ut his functins, an investigative fficer has the pwers f a plice fficer t arrest any persn whm he reasnably suspects has cmmitted an ffence punishable by imprisnment under this Act r under any ther Act in respect f which the Cmmissin exercises functins. After making an arrest, the investigative fficer shall deliver the persn arrested t the custdy f the plice and such persn shall,

20 as sn as practicable, be brught befre a Magistrate t be further dealt with accrding t law. Pwer f Magistrate r Justice f the Peace t authrise entry and search f premises 29. (1) If, n an applicatin made by an investigative fficer, a Magistrate r a Justice f the Peace is satisfied that there are reasnable grunds fr believing that an ffence has been cmmitted under this Act r anther Act that assigns respnsibility t investigate alleged ffences t the Cmmissin; that there is material n premises specified in the applicatin that is likely t be f substantial value (whether by itself r tgether with ther material) t the investigatin f the ffence; that the material referred t in paragraph (b) is likely t be admissible in evidence at a trial fr the ffence referred t in paragraph (a); and des nt cnsist f r include privileged material; and that any f the cnditins specified in subsectin (2) applies, the Magistrate r Justice f the Peace may issue a warrant authrising an investigative fficer t enter and search the premises. The cnditins mentined in subsectin (1)(d) are that it is nt practicable t cmmunicate with any persn entitled t grant entry t the premises; that it is practicable t cmmunicate with a persn entitled t grant entry t the premises but it is nt practicable t cmmunicate with any persn entitled t grant access t the evidence; that entry t the premises will nt be granted unless a warrant is prduced;

21 that the purpse f a search may be frustrated r seriusly prejudiced unless a plice fficer arriving at the premises can secure immediate entry t them. An investigative fficer may seize and retain anything fr which a search has been authrised under subsectin (1). Prductin Orders 30. (1) An investigative fficer may apply t a judge f the Supreme Curt fr a prductin rder requiring a specified persn t give the fficer access t material specified in the applicatin; r t prduce the material specified in the applicatin fr the fficer t take away, within seven days frm the date n which the rder is made r such ther perid as the judge determines wuld be apprpriate in the circumstances. The judge may make a prductin rder described in subsectin (1) if he is satisfied that there are reasnable grunds fr suspecting that the specified persn has cmmitted an ffence under this Act r anther Act that assigns respnsibility fr the investigatin f ffences t the Cmmissin; and there are reasnable grunds fr believing that the specified persn is in pssessin r cntrl f the material specified in the applicatin; the material is likely t be f substantial value t the investigatin fr the purpses f which the rder is sught, whether by itself r tgether with ther material; and it is in the public interest fr the specified material t be prduced r fr access t be given t it, having regard t the benefit likely t accrue t the investigatin if the material is btained and the circumstances under which the specified persn hlds it.

22 In this sectin specified persn means that the persn specified in an applicatin under subsectin (1) as appearing t be in pssessin r cntrl f material subject t the investigatin In this sectin specified persn means that the persn specified in an applicatin under subsectin (1) as appearing t be in pssessin r cntrl f material subject t the investigatin. Applicatin f sectins 42 and 43 f the Prceeds f Crime Act 31. Sectins 42 and 43 f the Prceeds f Crime Act apply t a prductin rder made under sectin 30 as if the references in thse sectins t a plice fficer were references t an investigative fficer. Cmplaints abut cnduct f an investigative fficer 32. (1) A persn having a cmplaint abut the cnduct f an investigative fficer in the perfrmance f his duties r functins may address a cmplaint in writing t the Cmmissin, if that persn has been persnally affected by that cnduct; has witnessed that cnduct; has a substantial and direct interest in the cmplaint; r has been authrised by a persn referred t in paragraph (a), (b) r (c) t make a cmplaint in that persn s name. The Cmmissin shall refer a cmplaint made under subsectin (1) t a panel appinted under sectin. Cmplaints panel appinted 33. The Gvernr General may, by rder, appint an ad hc panel t hear and adjudicate the cmplaint, cnsisting f the fllwing persns

23 a judge r magistrate r retired judge r magistrate, wh shall be the chairman; the Cmmissiner f Plice, wh shall hld ffice ex ffici; and a persn, ther than a member r frmer member f the Ryal Barbads Plice Frce, t represent the public. Dispsal f cmplaint withut investigatin 34. (1) The panel may direct that n investigatin f the cmplaint be carried ut if, in its pinin the cmplaint is trivial, frivlus, vexatius r made in bad faith; r having regard t all the circumstances, an investigatin r further investigatin is nt necessary r reasnably practicable. If n directin is made under subsectin (1), the panel and the Cmmissin shall cnsider whether the cmplaint can be dispsed f infrmally; and attempt t dispse f the cmplaint infrmally, befre any investigatin is undertaken, with the cnsent f the cmplainant and the persn whse cnduct is the subject-matter f the cmplaint. Where a cmplaint is dispsed f infrmally, the panel shall prepare and send the fllwing dcuments t the cmplainant, the investigative fficer and the Cmmissin an verview f the facts that gave rise t the cmplaint; the name f the persn wh cnducted the infrmal dispsitin; a statement f the manner in which the cmplaint was dispsed f; evidence f agreement t the dispsitin f the cmplaint by the cmplainant and the persn whse cnduct was the subject-matter f the cmplaint.

24 Frmal Investigatin f cmplaint 35. (1) Where a cmplaint is nt dispsed f infrmally, the Cmmissin shall investigate the matter and send t the panel, the cmplainant and the persn whse cnduct is the subject-matter f the cmplaint, a cmplaint reslutin reprt cntaining a summary f the cmplaint; the results f the investigatin a summary f any actin that has been r will be taken with respect t reslutin f the cmplaint; and a statement that the cmplainant may refer the cmplaint t the panel fr review, within 60 days f the receipt f the cmplaint reslutin reprt, if nt satisfied with the dispsitin f the cmplaint by the Cmmissin. A cmplainant wh is nt satisfied with a directin under subsectin 34(1) r with the dispsal f the cmplaint by the Cmmissin under subsectin (1), may refer the cmplaint t the panel in writing within 15 days after the day n which the cmplainant receives the ntice f rejectin r the cmplaint reslutin reprt. The panel shall review every cmplaint referred t it under subsectin (2). Review f cmplaints by panel 36. (1) Where, after reviewing a cmplaint, the panel is satisfied with the dispsal f the cmplaint by the Cmmissin, the panel shall send a cmplaint review reprt t that effect t the Cmmissin, setting ut such findings and such recmmendatins with respect t the cmplaint as the panel sees fit; send a reprt f the cnclusin f the review t the cmplainant and the persn whse cnduct is the subject-matter f the cmplaint tgether with any finding r recmmendatin referred t in paragraph (a).

25 Where, after reviewing a cmplaint, the panel is nt satisfied with the dispsal f the cmplaint by the Cmmissin r cnsiders that further inquiry is warranted, it may take any r all f the fllwing measures send a reprt t the Cmmissin indicating the reasns fr its dissatisfactin; request the Cmmissin t cnduct a further investigatin int the cmplaint; make such inquiries as it deems necessary in the circumstances; investigate the cmplaint further; institute a hearing t inquire int the cmplaint. The panel shall, n cmpletin f any further investigatin, inquiry r hearing that it has rdered under subsectin (2) send t the Cmmissin a cmplaint review reprt setting ut such findings with respect t the cmplaint as the panel sees fit; and such recmmendatins, including disciplinary measures t be taken in regard t the persn whse cnduct is the subjectmatter f the cmplaint; and t the cmplainant and the persn whse cnduct is the subjectmatter f the cmplaint a reprt f the cnclusin f the review, tgether with any finding r recmmendatin referred t in paragraph (a). Implementatin f panel s recmmendatins 37. The Cmmissin shall give effect t any recmmendatins in a cmplaint review reprt sent t it under sectin Offence Obstructin f investigative fficer

26 38. A persn wh resists r bstructs an investigative fficer in the executin f his duty cmmits an ffence and is liable n summary cnvictin t a fine f $5000 r t imprisnment fr six mnths, r t bth. PART V DECLARATIONS Declaratin f financial affairs 39. (1) Every persn wh is a specified persn in public life, nt being a member r staff member f the Cmmissin, shall n r befre [.. date t be inserted] and every tw years thereafter, n r befre the biennial anniversary f that date; and where such persn ceases t be a specified persn in public life, within ninety days frm the date n which the persn ceases t be a specified persn in public life, file with the Cmmissin a declaratin cntaining the particulars referred t in subsectin (5) and each f the members r staff members f the Cmmissin shall file with the Gvernr General similar declaratins n r befre the dates n which such declaratins are required by ther persns in public life. Withut prejudice t subsectin (1), every persn shall within 90 days frm the date n which he becmes a specified persn in public life if he is nt a member r staff member f the Cmmissin, file with the Cmmissin; r if he is a member r staff member f the Cmmissin, file with the Gvernr General, a declaratin cntaining the particulars referred t in subsectin (3) with reference t the date n which he becmes a specified persn in public life and any persn required t file a declaratin under this

27 subsectin in any year is nt required t file anther declaratin under subsectin (1) in the same year. The Cmmissin may, in exceptinal circumstances, grant t any persn required t file a declaratin under subsectin (1) r (2), ther than a member r staff member f the Cmmissin, an extensin f the perid fr filing that declaratin f up t six mnths, beginning n the day that the declaratin is required t be filed. The Gvernr General may, in exceptinal circumstances, grant t any member r staff member f the Cmmissin required t file a declaratin under subsectin (1) r (2) an extensin f the perid fr filing that declaratin f up t six mnths, beginning n the day that the declaratin is required t be filed. A declaratin under subsectin (1) shall as far as pssible be in Frm 1 as set ut in Schedule 2 and shall give full, true and cmplete particulars f the persn s incme, assets and liabilities; assets f the spuse and the dependent children; any gift received in the curse f the perfrmance f the persn s public functin. A declaratin may be accmpanied, if the specified persn in public life s wishes, by a statement giving details f his incme, assets and liabilities which shall be certified by an accuntant. If a specified persn in public life dies, there shall be n bligatin n the administratrs f his estate t file the declaratin which the specified persn in public life wuld have been required t file, had he lived. Trust prperty 40. Where a specified persn in public life hlds any mney r ther prperty in trust fr anther persn, nt being his spuse r child r anther persn in public life, he shall s state in his declaratin but shall nt be required t disclse the terms f the trust. Full disclsure

28 41. (1) A specified persn in public life is required t disclse in his declaratin, under sectin 39, such details in respect f the incme, assets and liabilities f himself and thse f his spuse and his dependent children, as by the exercise f reasnable care, shuld be knwn t him. Fr the purpses f a declaratin under sectin 39, the incme, assets and liabilities f a specified persn in public life, his spuse and his dependent children shall include the incme, assets and liabilities acquired, held r incurred by any ther persn as agent r n behalf f all r any f them. Any direct r indirect benefit accruing t the incme r assets f a declarant r his spuse r dependent children must be disclsed in a declaratin under sectin Blind trusts 42. (1) A specified persn in public life may place his assets r part theref in a blind trust fr the purpse f this Act and shall file a cpy f the trust deed with the Cmmissin. If the Cmmissin has reasnable grunds t believe that a specified persn in public life is likely t cntravene r has cntravened the Act, the Cmmissin may direct that persn t place all r part f his assets in a blind trust n such terms and cnditins as the Cmmissin cnsiders apprpriate and t file a cpy f the trust deed with the Cmmissin. Where the assets f a specified persn in public life are placed in a blind trust, he need nt in his declaratin under sectin 39, give mre particulars f thse assets than the amunt and descriptin f the assets placed in that trust and the date f s ding. Ntwithstanding any ther law relating t the duties f trustees, a trust cmpany, managing the assets f a specified persn in public life by way f a blind trust, shall reply fully t any inquiries f the Cmmissin relating t the nature and management f the assets in the blind trust. A blind trust is created when a specified persn in public life enters int an agreement with a qualified trust cmpany whereby

29 all r any part f his assets r thse f his spuse r dependent children are cnveyed t the trust cmpany fr the management, administratin and cntrl theref, in its abslute discretin withut recurse r reprt t the persn r persns beneficially entitled t thse assets; incme derived frm the management f the assets is t be distributed, in accrdance with the agreement, t him, his spuse r his dependent children until he ceases t be a specified persn in public life; and after he ceases t be a specified persn in public life, prper and full accunting is t be made t him, his spuse r dependent children as the circumstances f the management f the trust require. A trust cmpany is a qualified trust cmpany where it is incrprated in r utside Barbads and is carrying n business in Barbads; n mre than five percent f the stated capital in the trust cmpany r its affiliate is held r cntrlled by the specified persn in public life entering int an agreement with it, r by any ther persn assciated with him; and the specified persn in public life r his spuse r any f his dependent children des nt hld any directrship r ffice in the trust cmpany r its affiliate. Fr the purpses f this sectin, a cmpany is an affiliate f anther cmpany where it hlds mre than five percent f the nminal value f the issued shares in that ther cmpany r where that ther cmpany hlds mre than five per cent f the issued shares in the first mentined cmpany. Fr the purpses f this sectin, a persn is assciated with anther, where that ther persn is the spuse r dependent child f the persn; the partner f the persn in a prfessin, trade, r cmmercial undertaking; r

30 a crpratin and the first mentined persn r any persn mentined in paragraph (a) cntrls the crpratin, its hlding crpratin r a crpratin affiliated with either. Receipt and examinatin f declaratins 43. The Cmmissin [r the Gvernr General, as the case maybe], shall receive, examine and retain all declaratins and dcuments filed with it r him under this Act; and make such inquiries as it r he cnsiders necessary in rder t verify r determine the accuracy f the financial affairs, as stated in the declaratins f persns wh are required t file declaratins under this Act. 44. The Cmmissin [r the Gvernr General, as the case may be], may in writing request a declarant t furnish such further particulars relating t his financial affairs as may be cnsidered necessary fr the purpses f sectin 13(1)(b) and the declarant shall cmply with the request within the time specified therefr by the Cmmissin [r Gvernr General, as the case may be]. Failure t file declaratin r furnish particulars 45. Where a persn wh is required t d s fails t file a declaratin in accrdance with this Act r t furnish particulars under sectin 13(1)(b), the Cmmissin [r Gvernr General, as the case may be], shall publish the fact in the Official Gazette and a newspaper. Cmmissin may hld frmal inquiry 46. (1) The Cmmissin may in writing request a declarant t furnish such further infrmatin r dcuments and may cnduct an inquiry t verify any declaratin r ther statement filed with it. The Cmmissin, upn examinatin f a declaratin furnished pursuant t sectin 39 may require the specified persn in public

31 life t attend an enquiry f the Cmmissin at a specified time t be heard n any matter relating t the declaratin. A specified persn in public life wh is required t attend the Cmmissin may be accmpanied and represented by an Attrney-at-law r such ther persn as the specified persn in public life chses; and require the Cmmissin t summn witnesses. The Cmmissin shall nt make any adverse decisin withut giving the specified persn in public life an pprtunity t be heard. Where upn examinatins the Cmmissin is satisfied that a declaratin has been fully made and all questins satisfactrily answered, r that a declaratin is incmplete but the declarant cannt reasnably btain the infrmatin required t cmplete it, the Cmmissin shall frward t the specified persn in public life a certificate f cmpliance in Frm 4 as set ut in Schedule. Duty as t secrecy 47. (1) Every member f the Cmmissin and every persn perfrming any functin in the service r as an emplyee f the Cmmissin shall treat all recrds, and infrmatin relating t declaratins, as secret and cnfidential and shall nt disclse r cmmunicate the text f any recrd, r infrmatin r, declaratin t any unauthrised persn r t allw any unauthrized persn t have access t any recrds, infrmatin r declaratins. (2) A persn wh cntravenes subsectin (1) cmmits an ffence and is liable n summary cnvictin t a fine f $20,000 r t a term f imprisnment fr three years r t bth. Failure t file declaratin 48. Where a specified persn in public life fails t file a declaratin as required under sectin 39, the Cmmissin shall publish the fact in the Official Gazette and shall send a reprt t the apprpriate Service Cmmissin, Bard r authrity;

32 in any ther case, send a reprt t the Directr f Public Prsecutins. Cmmissin t make reprt 49. (1) Where the Cmmissin examines a declaratin and any related infrmatin r dcuments, r cnducts an inquiry int any declaratin, and is nt satisfied with any aspect theref, the Cmmissin may reprt the matter t the apprpriate Service Cmmissin, Bard, bdy r ther authrity and the Directr f Public Prsecutins, setting ut details and particulars as it thinks fit. The Cmmissin shall reprt any act f crruptin t the apprpriate Service Cmmissin, bard, bdy, r ther authrity and t the Directr f Public Prsecutins. The apprpriate Service Cmmissin, bard, r ther Authrity may take such disciplinary actin in relatin t a reprt made pursuant t subsectin (1) as it thinks apprpriate in any particular case. Pursuant t subsectin (3), where any criminal prceeding has been cmmenced against a specified persn in public life, n disciplinary prcedures shall be instituted pending the determinatin f criminal prceedings. An inquiry shall nt be cmmenced after tw (2) years frm the date n which the persn ceased t be in public life. The Directr f Public Prsecutins may take actin in relatin t a reprt made pursuant t subsectin (1) as he thinks apprpriate in any particular case; may authrize any persn having an fficial duty under this Act t furnish infrmatin t any fficer f the curt, the plice r any ther persn specified by the Directr f Public Prsecutins. Further infrmatin frm members and staff f Cmmissin in respect f their declaratins

33 50. (1) Where in the pinin f the Cmmissin, further infrmatin r dcuments are required frm a member r staff member f the Cmmissin in respect f his declaratin, the Gvernr General shall, after cnsultatin with the Prime Minister and the Leader f the Oppsitin, appint a fit and prper persn as a Tribunal t require the declarant t furnish such further infrmatin r dcuments and t cnduct any inquiry, where fund necessary, t verify the declaratin, dcument r ther statement filed with the Tribunal. Fr the purpse f any inquiry under this sectin, a Tribunal may request in writing, that the declarant r any ther persn wh the Tribunal reasnably believes has knwledge f the matters t be inquired int attend befre the Tribunal at such place, n such date and at such time as may be specified by the Tribunal, t give it such infrmatin as it may require satisfying itself that it is in pssessin f all the material facts; r furnish such infrmatin r dcuments as may be specified by the Tribunal, within the time specified therefre by the Tribunal, s as t assist it in verifying the declaratin. An inquiry under this sectin shall nt be cmmenced after five years frm the date n which the member r staff member f the Cmmissin in respect f whse declaratin the inquiry is being cnducted ceased t be a specified persn in public life. In cnducting an inquiry under this sectin, a Tribunal shall have and exercise all the pwers in this sectin save that the prceedings shall be held in private. Where after an inquiry under this sectin, a Tribunal finds that a declarant had in fact made full disclsure in his declaratin, it shall frthwith publish a statement t that effect in the Official Gazette and in a newspaper. Where after an inquiry under this sectin a Tribunal finds that the declaratin which gave rise t the inquiry was in fact full and prper, the declarant shall be reimbursed frm the Cnslidated Fund fr all expenses reasnably incurred by him in cnnectin with the inquiry within three mnths f the Tribunal s finding.

34 Offences and penalties 51. Any persn wh (i) fails, withut reasnable cause, t file with the Cmmissin [r the Gvernr General, as the case may be], a declaratin which he is required t be filed in accrdance with the prvisins f this Act; r (ii) knwingly files with the Cmmissin [r the Gvernr General as the case may be], a declaratin that is nt cmplete r is false in any material particular; fails, withut reasnable cause, t cmply with a request made under sectin 13(1)(b) r 42(4) by the Cmmissin, the Gvernr General r a Tribunal, within the time specified therefr by the Cmmissin, the Gvernr General r the Tribunal, as the case may be, r gives incmplete r false infrmatin pursuant t the request; fails, withut reasnable cause, t attend an inquiry being cnducted under sectin 46, r t furnish any infrmatin the Tribunal may request the declarant t furnish under that sectin r knwingly gives any false r incmplete infrmatin in such inquiry; r fails, withut reasnable cause, t cmply with a directin f the Cmmissin under sectin 42(2) within the time specified by the Cmmissin, r gives incmplete r false infrmatin in the trust deed filed with the Cmmissin, cmmits an ffence and liable, n summary cnvictin, t a fine f $15,000 r t imprisnment fr a term f ne year r t bth, and where the ffence invlves the nn-disclsure, by the declarant, f prperty, which shuld have been disclsed in the declaratin, the magistrate cnvicting the persn shall rder the persn t make full disclsure f the prperty within a given time and n failure t

35 cmply with the rder f the magistrate within the given time, the said ffence shall be deemed t be a cntinuing ffence and the persn shall be liable t a further fine f $3,000 fr each day n which the ffence cntinues. PART VI REGISTER OF INTERESTS Duty f member t file statement f registrable interests 52. (1) Every member f Parliament shall file with the Cmmissin, in additin t his declaratin under sectin 39, a statement f registrable interests. A member shall file his statement f registrable interests in Frm 2, set ut in Schedule 2 within ninety days after the day n which he becmes a member, in respect f his interests n the day n which he became a member; and within ninety days after the 31day f December in each year during any part f which he was a member f the Huse, in respect f his interests n the 31day f December in that year. Ntwithstanding subsectin (2)(b), a member need nt file a statement f registrable interests fr a particular year if the member filed a statement in the six mnths preceding the 31day f December in that year. If a member f Parliament dies, the administratr f his estate is nt required t file the statement f registrable interests which the member wuld have been required t file, had he lived. Cntents f statement f registrable interests 53. (1) A statement f registrable interests shall cntain the fllwing infrmatin relating t the member, his spuse and dependent children