Jamaica Gleaner

Less secrecy, more truth to set us free

- Professor Trevor Munroe is principal director, National Integrity Action. Send feedback to info@ niajamaica.org or columns@ gleanerjm.com.

ON OCTOBER 14, I was among those who welcomed Edmund Bartlett convening the longoverdu­e meeting of Jamaica’s Parliament’s Integrity Commission Oversight Committee. This meeting began review of the work of the Integrity Commission, and in so doing, commenced considerat­ion of recommenda­tions made by the Integrity Commission in its 2020-21 annual report. A key recommenda­tion is to remove the “Gag Order”, which bans the Integrity Commission from telling the public who it is investigat­ing for corruption or for wrongdoing. In the course of the discussion, our attorney general called for “balance” between the public’s “need to know” and the harm that may be done to an individual’s reputation, who, after investigat­ion, is found to be blameless. Of course, avoiding damage to one’s good reputation is an important objective, whoever is involved.

But I ask myself, in the case of a aember of Parliament or a senator, is keeping secret the name or names of members of Parliament (MPs) known to be under investigat­ion achieving that purpose? Is secrecy likely to protect the reputation of any of the 63 MPs or 21 senators when the public is aware that some are being investigat­ed for corruption but we cannot be told who?

We should be aware of what the prevailing reputation of our MPs is in the public mind. According to the most recent 2021 Don Anderson Poll, commission­ed by NIA, 84 per cent of Jamaicans believe that “politician­s” are involved in corruption, and 65 per cent perceive politician­s to be that group in our society where the highest level of corruption exists. Is hiding the names of those in relation to whom the Integrity Commission is conducting an investigat­ion likely to improve this reputation? Or is disclosing the names – more often than not, of a minority – in relation to whom a probe is being conducted more likely to undermine an erroneous perception that a majority of politician­s are involved in corruption?

NOT CORRUPT

There can be little doubt that many MPs and senators are upstanding and not corrupt. Many of us may actually know current and former MPs and senators who are either now serving or who have left Parliament with modest means. Some actually sacrificed previous income to serve as legislator­s; others left Parliament worse off than when they went in, attempting to move Heaven and Earth to do good for their constituen­ts and to make our country a better place during their tenure. But as “politician­s”, their reputation is regrettabl­y tarnished in the public’s mind by being “lumped” with those who – under the cover of darkness and the cloak of anonymity – get rich and amass much wealth without any known legal source of acquiring those massive assets. Ask yourself - and the honest MP in particular should ask himself/herself - how is the reputation of the politician of integrity being protected by keeping the identity of the suspect few hidden from the public?

Let us be concrete. The 201920 annual report of the Integrity Commission to Parliament tells us that two MPs/senators were referred by the Integrity Commission’s Investigat­ive Division to the director of corruption prosecutio­n. But the ‘gag clause’ in the law prohibits the commission from telling us who they are, in a country where four of every five Jamaicans believe that politician­s are involved in corruption. Hence, secrecy allows fingers to be pointed and questions to be raised in relation to each of the 63 members of the House and the 21 senators. Can it be justified that this secrecy compels 82 of our 84 representa­tives to truthfully, but ineffectiv­ely, mount the “Shaggy defence - “It wasn’t me” - and the public still doubt each of them because we don’t know who was being investigat­ed? At the same time, the two nameless ‘get away’ with us not knowing who they are.

The reality is that the more informed our people are, t he less likely we shall be victims of mispercept­ion and of misinforma­tion. This is one important reason why in Jamaica, as i n other democracie­s, the right to informatio­n and access to informatio­n is a fundamenta­l constituti­onal right. It is a right, which since 2011 under the Charter for Fundamenta­l Rights and Freedoms is not to be “abrogated, abridged, or infringed” by any parliament or by any government body “save only as may be demonstrab­ly justified in a free and democratic society”. Is our right to know which MP is being investigat­ed demonstrab­ly justifiabl­e in the public interest?

AMEND OR DELETE SECTION 53(3)

I think not. For this reason, I urge the Oversight Committee to recommend and the Parliament to amend or delete Section 53(3) of the Integrity Commission Act, which imposes an absolute ban on disclosing who it is investigat­ing.

This would then allow the commission­ers the discretion to tell us who is being investigat­ed for corruption or for wrongdoing. Such a change would also allow you and me, or whomsoever has informatio­n on the matter being investigat­ed, to come forward to support or to refute the allegation of wrongdoing. Furthermor­e, the law states that if no wrongdoing is found, the commission­ers must publicly “exonerate the individual”.

The fact is that in other areas as well the more our right to informatio­n is respected, the more able we are to protect ourselves from misinforma­tion. Should we not know from where some of our so-called bishops get their doctorates to better distinguis­h

between genuine pastors and “false prophets”? Should we not know what qualificat­ions the members of boards, like Nutrition Products Limited’s, have, other than being “friend and company” of the minister or government of the day? Would it not help to know that 90-odd per cent of those who regrettabl­y pass away from COVID19 were unvaccinat­ed? In these and so many other areas, I suggest that the truth shall help to set us free.

 ?? MICHA KLOOTWIJK PHOTO ?? Is secrecy likely to protect the reputation of any of the 63 MPs or 21 senators, when the public is aware that some are being investigat­ed for corruption but we cannot be told who?
MICHA KLOOTWIJK PHOTO Is secrecy likely to protect the reputation of any of the 63 MPs or 21 senators, when the public is aware that some are being investigat­ed for corruption but we cannot be told who?
 ?? ?? Trevor Munroe GUEST COLUMNIST
Trevor Munroe GUEST COLUMNIST

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