INTEGRITY COMMISSION OF GUYANA

Transcription

1 INTEGRITY COMMISSION OF GUYANA

2 BACKGROUND The Integrity Commission was established on the 24 th September, 1997 and the Act provides for the appointment of a Chairman, not less than two (2) nor more than four (4) other members, a Secretary/Chief Executive Officer to oversee the day to day work of the Commission and other officers for the proper performance of the Commission. The Chairman of the Commission shall be a person who is or who was or who is qualified to be a Puisne Judge of the High Court or any other fit and proper person and the other members appearing to the President as having experience and show capacity in law, public administration, social service, finance or accountancy or any other discipline. The Chairman and other members are appointed by the President after consultation with the Minority Leader and they can either be full time or part time.

3 The names of the chairman and other members upon the establishment of the Commission and any change in membership shall be published in the Gazette and in a daily newspaper. The Commission held statutory meetings on a monthly basis or upon the availability of the members since they are from Religious Background. The Commission has an Annual Budget and receives a monthly subvention from the Ministry of Finance through the Ministry of the Presidency. The Commission presently has no members since it came to an end on the 28 th May, An Annual Report and a Financial Statement for the Commission are prepare at the end of each year and are sent to the President and Audit Office respectively.

4 VISSION, MISSION/OBJECTIVE The Commission s Vision is Improved public confidence holders of public office. in the integrity of The Commissions Mission is Securing the integrity of persons in public life. The Commissions Objective is Secure the integrity of persons in public life through their compliance with the provisions of the Integrity Commission Act No. 20 of The Secretariat Objective is Ensure the proper performance of the functions of the Commission.

5 FUNCTIONS The Commission shall perform the functions conferred on it by the Act. The Commission have the power to do anything to facilitate the proper performance of its functions. The Commission is an autonomous body, i.e. it is not subject to the direction or control of any other person or authority in the exercise and discharge of its function. Statutory meetings to be kept on a monthly basis. In the absence of the Chairman, the other members present form a quorum among themselves and elect a Chairman to act for that statutory meeting as provided by Section 9 (2) of the Commission Act. Three members constitute a quorum. The Commission regulate its own procedure and rules for that procedure.

6 CONTD. Receive, examine and retain all declaration and documents filed. Make enquiries as necessary to verify and determine the accuracy of the declaration form. Publish defaulters name in the official gazette and in a daily newspaper. The Commission may hold a formal inquiry and a tribunal if required. The Commission may received, investigate and hold an inquiry into complaints of persons who breached the Code of Conduct. The Commission will received funds by or under any appropriate law. Employ a Secretary and other employees for the proper performance of the functions of the Commission.

7 CONT D. Public Officers as per Schedule 1 of the Act are required to declare their Assets and Liabilities each year on or before 30 th June to the Commission. Request declaration forms from public officers as per Schedule 111 of the Act each year, on or before June 30 th. Request further information from Public Officers if required. Sent reminders and place notices in the media for default Public Officers. Prepare and Submit the Commission s Presidential Report and Financial Statements on an annual basis.

8 ORGANISATION STRUCTURE CHAIRMAN (Not Appointed) COMMISSIONERS (Not Appointed) SECRETARY (Appointed) ACCOUNTS CLERK (Not Appointed) CLERICAL OFFICER (Not Appointed) TYPIST CLERK (Not Appointed) RECEPTIONIST (Not Appointed) OFFICE ASSISTANT (Not Appointed) CLEANER (Not Appointed)

9 LEGAL FRAMEWORK, PROGRAMS, COMPETENT AGENCIES, & USE OF TECHNOLOGY Integrity Commission Act No. 20 of 1997 and Article 25 of this Act provide for the use of the Criminal Law (Offences) act, the Summary Jurisdiction (Offences) Act or any other written law. The Commission can also use the assistance of other agencies/person such as the Director of Public Prosecution, an attorney-at-law and the Commissioner of Police. This is provided for under Article 30 (3), 31 and 34.

10 ANNUAL BUDGET ALLOCATION FROM 2008 TO 2013 YEARS - CURRENT BUDGET AMOUNT (GUY$) ,000, ,000, ,954, ,427, ,921, ,497, ,122, ,185, ,877, ,821,000 YEARS - CAPITAL BUDGET AMOUNT (GUY$) , ,545, , ,000

11 HOPING TO ACHIEVE Appointed members of the Commission, Competent staffs for the proper performance of the Commission, Adequate resources to efficiently and effectively carry out the functions of the Commission as mandate by its Act. Sensitization of the importance and work of the Commission. Increase in complete and accurate submissions of declaration forms from schedule inventorised public officers. Prepare complete and accurate reports to submit to the relevant authorities and/or be table in parliament. Thus the Commission is hoping to secure the integrity and contribute to the reduction and/or elimination of corruption of persons in public life.

12 RESULTS Received an annual subvention from the Government to carry out the work of the Commission. Received declaration forms but in small numbers. Signed on to a Regional body namely the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies in the year A review was carried out on the Integrity Commission of Guyana in order to take into consideration International Best Practices and make recommendations for the Commission. This report now will be use as a guiding principle by members of the Commission upon their appointment to carry out their functions especially with making recommendations for the reviewing of the Commission Act. The present Code of Conduct in the Commission Act was revise and gazette. Consultations between the President and the Prime Ministers for potential candidates as members of the Commission and these potential candidates were interviewed. The President is now in the process of setting up a consultation with the Opposition Leader to discuss the potential candidates as members of the Commission.

13 DIFFICULTIES ENCOUNTERED PRESENTLY Without an appointed Chairman, Commissioners and a functioning Secretariat, the Commission functions cannot be carried as set out in the Act especially when actions cannot be taken against defaulters as set out in Section 19 of the Commission s Act nor any investigative capacity other than the Secretariat requesting additional documents to support information stated in a declaration form by a Pubic Officer. Promptly compliance of submission of names of declarants by Public Offices as per Schedule 1 on a year basis, Promptly compliance and non compliance of submission of declarations by Public Officer as per Schedule 1 on a yearly basis, Submission of updated information of declarants by Public Offices and relatives e.g. deceased declarants, names of new declarants, declarants that have demit office due to retired, dismissed, resigned, etc.,

14 CONT D Non Compliance of requested additional documentations from some Public Officers to support information filled in their declaration forms. Filling of information in the Declaration Forms from January to December and not as at June 30 of each year as required by the Act.

15 CONCLUSION In concluding, Act No 20 of 1997 provides for the establishment of an Integrity Commission which will soon be restructure with its members and staffs in order to carry out the proper functions of the Commission. It is hoping to have an overall impact in Secure the integrity and contribute to the reduction and/or elimination of corruption of persons in public life.

16 THANK YOU