Information gridlock - Integrity Commission raises alarm over delays in approving arrangements to facilitate sharing of data with key public bodies

The Integrity Commission (IC) has raised concerns about its inability to share crucial information with some public bodies in the fight against corruption, owing to the slow pace at which the Government is providing the required designation to these entities. 
Craig Beresford, executive director of the IC, said the commission was unable to work seamlessly with some government entities because they are yet to be designated competent authorities.
During a press conference last week, Beresford said most of the proposed memoranda of understanding (MOUs) and recommendations by the IC for entities to become competent authorities remain in the pipeline at various stages.
He indicated that while the IC can request information from these entities under Section 7 of the Integrity Commission Act, the sharing aspect becomes an issue when the commission seeks to provide information to public bodies.
“The concerns are that things are not moving at the pace we would have wanted it to,” said Beresford, noting that there were instances in which requests were made for entities to become competent authorities and two years had elapsed without the process being finalised.
Kevon Stephenson, director of investigation at the IC, said the lengthy time it was taking to designate these entities as competent authorities did not act as a barrier to the commission completing its investigations.
However, Stephenson stressed that it prevented the entities from working seamlessly together.
“There are instances where we come into possession of information that could assist the wider public in terms of different mandates across government departments and agencies. If we are able to share that information with them, that would help us to have a more joined-up approach in terms of dealing with the problem of corruption and other irregularities,” he added.
In its recently published annual report, the commission said it intends to enter into memoranda of understanding with several agencies, including the Registrar General’s Department, now known as the National Identification and Registration Authority, the Office of Public Procurement Policy, the Public Procurement Commission, the National Environment and Planning Agency, and the Independent Commission of Investigations.
The IC said it submitted a formal recommendation to the Office of the Prime Minister (OPM) proposing that these entities be designated as competent authorities pursuant to Section 7(15) of the Integrity Commission Act.
“There has been no observable progress since the transmission of the initial recommendation, notwithstanding the commission’s routine and periodic follow-up enquiries to obtain status updates. As at the date of this report, the finalisation and gazetting of these designations remain outstanding,” the IC stated.
The OPM is the parent ministry for the IC for administrative purposes.
Section 7 of the Integrity Commission Act provides that the commission, in the performance of its functions, may work in cooperation with any person or body as it may deem appropriate.
Further, it provides that the commission, with the approval of the prime minister, may enter into an MOU or other agreement with a competent authority or a foreign agency whose functions are similar to those of the commission.
The MOU between the commission and these competent authorities facilitates the sharing and exchange of information with and by the commission relating to the prevention, detection, investigation and prosecution of offences relating to acts of corruption, financial crimes or revenue collection.
The commission said it was currently in the process of finalising an MOU with the Jamaica Customs Agency. The execution and progression of this MOU remain contingent upon the review and feedback of the Attorney General’s Chambers, which are currently outstanding, the IC added.
A draft MOU with Tax Administration Jamaica is currently undergoing parallel legal review by counsel for both entities. The final version has not yet been settled, pending the conclusion of these reviews.

editorial@gleanerjm.com