Integrity in Public Life Bill 2011

ARRANGEMENT OF SECTIONS

Section

Part I – Preliminary

1.         Short title

2.         Interpretation

Part II – Integrity Commission

3.         Establishment of commission

4.         Disqualification from membership

5.         Tenure of and removal from office

6.         Resignation of members

7.         Vacancy in membership of commission

8.         Removal from office

9.         Publication in the Gazette

10.       Functions of the Commission

11.       Proceedings and meetings

12.       Powers of the Commission to summon and examine witnesses

13.       Secretary to the Commission

14.       Commission not subject to control or direction

Part III – Financial Disclosure

15.       Duty to furnish declaration

16.       Trust property

17.       Income, assets and liabilities of agent

18.       Blind trusts

19.       Examination of declaration by Commission

20.       Request for further particulars

21.       Commission may require attendance of person in public life

22.       Formal inquiry by investigatory tribunal appointed by Commission

23.       Powers of Investigatory Tribunal

  1. Findings of Investigatory Tribunal
  2. Indemnity
  3. Secrecy and confidentiality
  4. Information not to be communicated to unauthorized persons
  5. Application for, and issuing of investigation direction

 

  1. Offences
  2. Prosecutions
  3. Deductible income tax expenses
  4. Code of conduct Schedule II
  5. Report to Director of Public Prosecutions
  6. Acceptance of gifts
  7. Penalty for contravening section 35

 

Part IV – Financial Provisions

  1. Funds of the Commission
  2. Accounts and audit
  3. Annual reports and estimates

 

Schedule I

Schedule II

Schedule III

 


No.      of 2011                        Integrity in Public Life                       Saint Christopher and

Bill, 2011                                            Nevis (Private Members’ Bill)

 

 

SAINT CHRISTOPHER AND NEVIS

 

No.      of 2011

 

A BILL to establish an Integrity Commission in order to ensure integrity in public life, to obtain declarations of the assets, liabilities, income and interest in relation to property of persons in public life, to give effect to the provisions of the Inter-American Convention Against Corruption and for matters incidental thereto and connected therewith.

 

BE IT ENACTED by the Queen’s Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:-

 

 

PART I

PRELIMINARY

 

 

Short

Title

1.         (1)        This Act may be cited as the Integrity in Public Life Act 2011.

 

(2)        This Act shall come into force on a day to be fixed by the Minister by Order published in the Gazette.

 

Interpretation

2.         (1)        In this Act:

 

“Chairperson” means the Chairperson of the Commission;

 

“Commission” means the Integrity Commission established pursuant to section 3 of this Act;

 

“commencement date” means the date of commencement of the Act as published in the Gazette;

 

“declaration” means a declaration filed pursuant to section 15;

 

“Disciplinary Tribunal” means a Tribunal appointed pursuant to section 8;

 

“interest in relation to property” means:

 

(a)        a legal or equitable interest in the property; or

 

(b)        a right, power or privilege in connection with the property;

 

“Investigatory Tribunal” means a Tribunal appointed pursuant to Section 22;

 

“Judicial Legal and Services Commission” means the Judicial Legal and Services Commission referred to in the Constitution of Saint Christopher and Nevis;

 

“Minister” means the Minister responsible for legal affairs;

 

“person in public life” means a person who holds an office specified in Schedule 1;

 

“property” means land and any and all interest in land, money, stocks, bonds, shares or any other movable, immovable, corporeal or incorporeal thing having economic value whether situated in the State or elsewhere and includes any rights, privileges, claims, securities and any interest therein and all proceeds thereof;

 

“public body” includes:

 

(a)         the National Assembly, Cabinet and Cabinet              Committees;

 

(b)        a Ministry or Department of Government;

 

(c)                a corporation established by an Act of Parliament for a public purpose or as a subsidiary company of that corporation registered under the Companies Act;

 

(d)               a bank or company owned by the State or in which the State has a controlling interest;

 

(e)                a commission, statutory board, public authority or other body of any description, whether its members are paid or unpaid;

 

“public function” means any activity performed a single time or continually, whether or not payment is received for it, and which is carried out by:

 

(a)    a person for, or on behalf of or under the direction of a Ministry, Department of Government, a statutory body, local government authority or a government owned or controlled company;

 

(b)   a body, whether public or private providing public utilities including the provision of water, electricity and communications; or

 

(c)    a member of the National Assembly in that capacity;

 

“public servant” means any person:

 

(a)                employed:

 

(i)                 in the civil service of Saint Christopher and Nevis;

 

(ii)               in the service of a statutory body or authority of  a public body;

 

(b)               who is an official of the State in any of its agencies;

 

(c)        approved, elected, selected or otherwise engaged to perform a public function.

 

“Public Service Commission” means the Public Service Commission appointed pursuant to section 77 of the  Constitution of Saint Christopher and Nevis;

 

“spouse” in relation to a person in public life means a person to whom the person in public life is married or living with in a common law relationship for a continuous period of five years during the period in which a declaration is required to be filed, but does not include;

 

(a)       a spouse who is living separate and apart from the person in public life for a period exceeding 3 years;

 

(b)       a spouse who has ceased to live with the person in pubic life and proceedings have been instituted for a divorce or judicial separation during the period in which a declaration is required to be filed.

 

“State” means Saint Christopher and Nevis.

 

(2)        This Act applies to every person in public life.

 

(3)        For the purposes of this Act:

 

(a)                the income of a person in public life is that income which he acquires in or out of the State and includes all prerequisites or benefits, direct or indirect and an income within the meaning of income pursuant to the provision of the Income Tax Act;

 

(b)               the assets of a person in public life are all the property beneficially held in the State or elsewhere by him or her or jointly by him or her and his or her spouse or howsoever otherwise such property may be held and all rights and benefits to which he or she is entitled;

 

(c)                the liabilities of a person in public life are all the obligations of such a person to pay money or to transfer money to others whether in the State or elsewhere.

 

 

PART II

INTEGRITY COMMISSION

 

Establishment of   Commission

3.         (1)        There is hereby established a Commission called the Integrity Commission.

 

(2)               The Commission shall consist of:

 

(a)                a Chairperson who shall be a retired Judge or an attorney-at-law of at least fifteen years standing, appointed by the Governor-General acting on his or her own deliberate judgment;

 

(b)               two other persons appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition as follows:

 

(ii)               one  member appointed on the recommendation of the Prime Minister; and

 

(iii)             one member appointed on the recommendation of the Leader of the Opposition.

 

(3)        A person appointed to the Commission shall be a person of high integrity, capable of exercising competence, diligence, sound judgment and impartiality in fulfilling his or her duties pursuant to the provisions of this Act.

 

(4)    Any vacancy arising in the composition of the Commission shall be filled in the same manner as set out in subsection (2) above within 30 days of any such vacancy arising.

 

 

 

Disqualification from

Membership

4.          A person shall not be qualified to be appointed as a member of the Commission if that person:

 

(a)        is a person in public life or is otherwise exercising a public function;

 

(b)        has, at any time during the three years preceding the date of appointment, been a person in public life or a public servant;

 

(c)        has, at any time during the five years immediately preceding the date of appointment, held office in a political party; or

 

(d)        would otherwise be disqualified in accordance with the Constitution, to be a member of the National Assembly.

 

Tenure

of  and removal from

Office

5.          (1)        A member of the Commission shall be appointed by instrument in writing and shall, subject to the provisions of this Part, hold office for a period not exceeding five years and shall be eligible for re-appointment.

 

(2)        A member shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a Disciplinary Tribunal appointed pursuant to section 8(1) and the Disciplinary Tribunal has recommended to the Governor General that he or she ought to be removed for inability or unwillingness to discharge the functions of his or her office or for misbehavior or other good cause.

 

Resignation of Members

6.          (1)        A member other than the Chairperson may at anytime resign his or her office by giving one month’s notice in writing addressed to the Governor-General and transmitted through the Chairperson.

 

(2)        The Chairperson may at any time resign his office by giving three months’ notice in writing addressed to the Governor-General.

 

Vacancy in membership of Commission

7.          (1)        A vacancy in the membership of the Commission shall occur:

 

(a)                on the absence of a member from three consecutive meetings of the Commission, unless that absence  is approved by the Chairperson in writing;

 

(b)               at the expiration of five years from the date of the appointment of a member;

 

(c)                on the death, resignation or revocation of the appointment, of a member;

 

(d)               if the member is appointed as a public servant;

 

(e)                if the member is nominated as a candidate for election as a representative in the National Assembly or is  appointed a Senator in the National Assembly

 

(f)                if a member otherwise becomes a person in public life

 

Removal from office

8.         (1)        Where the Governor General, after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removing a member of the Commission ought to be investigated, the Governor General shall appoint a Disciplinary Tribunal which shall consist of one person being either:

 

(a)        a Judge of the High Court;

 

(b)        a  Chief Magistrate; or

 

(c)        an attorney at law of fifteen years standing.

 

(2)        The Disciplinary Tribunal shall inquire into the matter and report on the facts thereof to the Governor-General and recommend to him or her whether the member should be removed from office.

 

(3)        The Disciplinary Tribunal appointed under subsection (1) shall give the member an opportunity to show cause why he or she should not be removed from office.

 

(4)        Where the question of removing a member has been referred to a Disciplinary Tribunal under this section, the Governor-General, acting after consultation with the Prime Minister and the Leader of the Opposition may suspend the member from the exercise of the functions of his office pending the hearing and determination of the matter.

 

(5)        A suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Disciplinary Tribunal recommends to the Governor General that the member should not be removed.

 

 

 

Publication in the Gazette

9.         The appointment, resignation, revocation, removal or the death of a member of the Commission shall be published in the Gazette.

 

Functions of the Commission

10.       The Commission shall:

 

(a)    receive, examine and retain all declarations filed       pursuant to the provision of this Act;

 

(b)   make such  inquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed pursuant to this Act;

 

(c)    without prejudice to the provisions of any other enactment, conduct an investigation into any allegation of bribery or act of corruption under this Act referred to it by any person.

 

(d)   perform such other functions as may be required pursuant to the provisions of this Act.

 

 

Proceedings and Meetings

11.       (1)        The Commission shall meet at such times as may be expedient for the Commission to carry out its functions.

 

(2)               A quorum of the Commission shall be two.

 

(3)               The proceedings of the Commission shall not be affected by any vacancy amongst any of its members or by any defect in the appointment of any member.

 

Powers of the Commission to summon and examine witnesses

12.       (1)       The Commission shall have the powers, rights and privileges of the High Court at a trial, in respect of:

 

(a)                enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

 

(b)               compelling the production of documents; and

 

(c)                the issue of a commission or request to a witness abroad.

 

(2)        Section 15 of the Commissions of Inquiry Act shall apply mutatis mutandis for the purposes of subsection (1).

 

(3)        The form for summons of the attendance of a witness or any other person or the production of documents shall be in Form I as set out in Schedule III.

 

Secretary to the Commission

13.       (1)        There shall be a Secretary to the Commission who shall be a public servant.

 

(2)               The duties of the Secretary shall be:

 

(a)                to attend meetings of the Commission;

 

(b)               to record the minutes of each meeting in proper form; and

 

(c)                generally to perform duties connected with the work of the Commission and as directed by the Commission.

 

Commission not subject to control or direction

14.       The Commission shall in the exercise of its functions under this Act not be subject to the control or direction of any person or authority.

 

 

PART III

 

FINANCIAL DISCLOSURE

 

Duty to furnish declaration

15.        (1)        A person, who, on or after the commencement of this Act, is a person in public life shall file a declaration to the Commission in the form set out in Form II of  Schedule III.

 

 

 

(2)        Regulations may prescribe for a person who occupies a specific post in the public service to furnish a declaration pursuant to this subsection.

 

(3)        Where:

 

(a)        on the date this Act comes into operation a person is a person in public life, that person shall complete and file with the Commission a declaration  in  Form II of  Schedule III within three months of that date.

 

(b)        a person becomes a person in public life after the commencement of this Act, that person shall, not later than three months of his or her becoming a person in public life, file with the Commissioner a declaration in Form II of Schedule III.

 

(5)         The declaration shall be filed irrespective of the fact that during the income year in respect of which the declaration is required or in the following two income years, the declarant ceased to be a person in public life, otherwise than by reason of death.

 

(6)         For the purposes of this section, “income year” means a calendar year.

 

Trust property

16.         Where a person in public life holds money or other property in trust for or jointly with another person, he or she shall so state this in his or her declaration.

 

Income, assets and liabilities of agent

17.         For the purposes of a declaration, the income, assets and liabilities of a person in public life include the income, assets and liabilities acquired, held or incurred by his or her spouse or by another person as his or her agent or on his or her behalf.

 

Blind trusts

18.         (1)        A person in public life may place his or her assets or part thereof in a blind trust for the purposes of this Act and shall file a copy of the trust deed with the Commission.

 

(2)        Where the assets of a person in public life are placed in a blind trust, he or she need not in his or her declaration give more particulars of those assets than the amount and description of the assets placed in that trust and the date of so doing.

 

(3)        A blind trust is created if a person in public life enters into an arrangement with a qualified trust company whereby:

 

(a)    all or part of his assets are conveyed to the trust company for its management, administration and control in its absolute discretion without recourse or report to the persons beneficially entitled to those assets;

 

(b)   income derived from the management of the assets is to be distributed to him or her as agreed;

 

(c)    conversion of assets into other assets are not to be communicated to him or her, until he or she ceases to be a person in public life; and

 

(d)   after he or she ceases to be a person in public life proper and full accounting is to be made to him or her, as the circumstances of the management of the trust require.

 

(4)        A trust company is a qualified trust company if:

 

(a)                it is incorporated in Saint Christopher and Nevis and is carrying on business in Saint Christopher and Nevis;

 

(b)               no more than ten percent of the issued shares in the trust company or its affiliate is held by the person in public life entering into an agreement with it, or by any other person associated with him or her; and

 

(c)                the person in public life holds no directorship or office in the trust company or its affiliate.

 

(4)               For the purposes of this section, a person is associated with another person where that other person is:

 

(a)                the spouse or child of the person;

 

(b)               the partner of the person in a professional, trade or commercial undertaking; or

 

(c)                a corporation, and any person specified in paragraph (a) or (b) controls the corporation, its holding corporation or a corporation affiliated with either.

 

(6)        For the purpose of this section a company is the affiliate of another company where that company holds more than five per cent of the issued shares in the other company or where that company holds more than ten per cent of the issued shares in the first mentioned company.

 

Examination of declaration by Commission

19.       (1)        The Commission shall examine every declaration furnished to it and may request from the person in public life any information or explanation relevant to a declaration made which in the opinion of the Commission, would assist it in its examination.

 

(2)        Where upon an examination pursuant to subsection (1) the Commission is satisfied that a declaration has been fully made, the Commission shall publish a certificate in The Gazette in the Form provided in Form III of Schedule III.

 

Request for further particulars

20.       The Commission may require a person in public life to file such further particulars relating to his or her financial affairs at the Commission considers necessary for the purposes section 19 (1) within one month or any longer period as specified of any such request from the Commission.

 

Commission may require attendance of person in public life

21.       (1)        The Commission, may upon examination of a declaration filed pursuant to Section 15, require a person in public life to appear before the Commission at a specified time to be heard on any matter relating to the declaration.

 

(2)         A person in public life who is required to attend the Commission may:

 

(a)       be accompanied and represented by an attorney-at-law, a certified accountant or both; and

 

(b)       require the Commission to summon witnesses.

 

(3)         The Commission shall not make any adverse decision without giving the person in public life an opportunity to be heard.

 

(4)         Where upon examination of the relevant documents the Commission is satisfied that a declaration has been fully made and all questions satisfactorily answered, the Commission shall pursuant to Section 19 (2) publish the certificate in the Gazette.

 

Formal inquiry by Investigatory Tribunal appointed by Commission

22.       (1)        The Commission may, in accordance with the provisions of this section and Section 24, inquire into the accuracy or fullness of a declaration filed with it if the Commission considers it necessary or expedient to so inquire.

 

(2)        Where the Commission considers it necessary or expedient to inquire into the accuracy or fullness of a declaration filed with it, the Commission may, pursuant to subsection (3) advise the Governor-General to appoint an Investigatory Tribunal for that purpose.

 

(3)        The Governor General shall, pursuant to subsection (2)  appoint an Investigatory Tribunal comprising the Chairman of the Commission to conduct an inquiry to verify the contents of a declaration or other statement filed with the Commission.

 

(4)        For the purposes of any inquiry under this section an Investigatory Tribunal may, subject to subsection (5), request in writing that the person in public life or any other person who the Investigatory Tribunal reasonably believes has knowledge of the matters to be inquired into:

 

(a)        attends before the Investigatory Tribunal to give such information as it may require to satisfy itself that it is in possession of all material facts; or

 

(b)        furnish such information or documents as would assist the Investigatory Tribunal in verifying the declaration.

 

(5)        An inquiry shall not be commenced after five years from the date when the person in respect of whose declaration the inquiry is being conducted ceased to be a person in public life.

 

(6)        Where, based on the report submitted by the Investigatory Tribunal to the Commission pursuant to the inquiry the Commission has reasonable cause to believe that a breach of any of the provisions of this Act may have been committed, the Commission shall refer the matter to The Director of Public Prosecutions for further action.

 

Powers of Investigatory Tribunal

23.         In conducting an inquiry under Section 22, a Investigatory Tribunal shall have and exercise the powers of a Commission of Inquiry under the Commissions of Inquiry Act except that:

 

(a)                       the proceedings shall be held in private; and

 

(b)                      the form of summons for the attendance of witnesses or other persons or production of documents shall be as in Form  I of the Schedule III.

 

Findings of Investigatory Tribunal

24.         Where, from an inquiry under section 22, an Investigatory Tribunal finds that a declarant had in fact made full disclosure in his or her declaration, the Investigatory Tribunal shall, if so requested in writing by the declarant, publish a statement to that effect in the Gazette and in a local newspaper.

 

Indemnity

25.         Where upon an inquiry an Investigatory Tribunal finds that the declaration which gave rise to the inquiry was in fact full and proper, the person in public life is entitled to full indemnity and shall be reimbursed from the Consolidated Fund, for all expenses reasonably incurred by him or her in connection with the investigation as may be determined by the Investigatory Tribunal.

 

Secrecy and confidentiality

26.         (1)        The declaration filed with the Commission and the records of the Commission in respect of those declarations are secret and confidential and shall not be made public.

 

(2)        Subsection (1) shall not apply where a particular declaration or record is required to be produced for the purpose of, or in connection with any court proceedings against, or inquiry in respect of a declarant under this Act, the Commissions of Inquiry Act or perjury under the Perjury Act.

 

Information not to be communicated to unauthorized persons

27.         (1)        A person who is a member of the Commission or performs any function in the service or as an employee of the Commission shall treat all declarations or information relating to such declarations as secret and confidential and shall not disclose or communicate to an unauthorized person or allow any such person to have access to any such declarations or information.

 

(2)        A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.

 

(3)        An authorised person who publishes information which comes to his or her knowledge pursuant to subsection (1) to an unauthorized person commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.

 

(4)        For the purposes of this section, an unauthorized person is a person other than a person authorised to receive information:

 

(a)                under this Act in relation to the financial affairs of a person in public life; or

 

(b)               by reason of an Order of a Judge or the High Court.

 

Application for, and issuing of investigation direction

28.         (1)        Where based upon an inquiry conducted pursuant to Section 22, the Commission has reasonable grounds to believe that a person in public life is in possession of property disproportionate to his or her present or past known sources of income or assets and for which there is no reasonable explanation, the Commission shall issue a report to the Director of Public Prosecutions of its findings.

 

(2)        Where based on examination of the report submitted pursuant to subsection (1), the Director of Public Prosecutions has reasonable grounds to believe that an investigation into the assets and income of the person in public life is necessary, he or she may on behalf of the Commission apply to a Judge in Chambers for the issuing of an investigation direction pursuant to subsection (3).

 

(3)        An application referred to in subsection (1) shall be made ex parte and shall be in writing and shall include:

 

(a)        the person in public life to be identified;

 

(c)                the grounds referred to in subsection (5) on which the application is made;

 

(d)               full particulars of all the facts and circumstances alleged in support of the application;

 

(e)                the basis for believing that evidence relating to the grounds on which the application is made will be obtained through the investigation direction.

 

(f)                whether any previous applications has been made for the issuing of an investigation direction in respect of the same person in public life to be investigated and if such previous application exists, the current status of that application; and

 

(f)        the period for which the investigation is required.

 

(4)        A Judge in Chambers may upon an ex parte application made to him or her in terms of subsection (2) issue an investigation direction.

 

(5)        An investigation direction may only be issued if the judge concerned is satisfied that:

 

(a)        there has been compliance with the provisions of subsection (3);

 

(b)        on the facts all alleged in the application concerned, there are reasonable grounds to believe that the person in public life to whom the application relates maintains a standard of living above that which is commensurate with his or her present or past known sources of income or assets or is in control or possession of pecuniary resources or property disproportionate to his or her present or past known sources of income or assets;

 

(c)        such investigation is likely to reveal information, documents or things which may afford proof that such a standard of living is maintained through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities.

 

(6)        An investigation direction:

 

(a)        shall be in writing;

 

(b)        shall indicate the identity of the person in public life;

 

(c)        shall specify the period for which it has been issued;

 

(d)       may specify condition of restrictions relating to the conducting of the investigation; and

 

(e)        may be issued in respect of any place in            Saint Christopher and Nevis or elsewhere.

 

(7)        Subject to subsection (8) an application shall be considered and an investigation direction issued without any notice to the person in public life to whom the application applies and without hearing such person.

 

(8)        Where a previous investigation application has been issued in respect to a person in public life, the Director of Public Prosecutions may only apply for a further investigation direction in respect of the person in public life on the same facts after giving reasonable notice to the person in public life concerned.

 

(9)        A judge considering an application may require the Director of Public Prosecutions to furnish such further information as he or she deems necessary.

 

(10)      If an investigation direction has been issued under subsection (4), the Governor-General may, for the purposes of an investigation direction appoint an Investigatory Tribunal pursuant to section 22 to inquire into the matter and the Investigatory Tribunal may on reasonable grounds:

 

(a)    summon the person in public life or any other person, specified in the investigation direction, who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any property, book, document or other object relating to that subject, to appear before the Commission at a time and place specified in  the prescribed summons, to be questioned or to produce that property, book, document or other object;

 

(b)   question that person in public life or other person under oath or affirmation administered by the Investigatory Tribunal, and examine or retain for further reexamination or for safe custody such property, book, document or other object; or

 

(c)    apply to a Judge in Chambers for the issuance of a warrant to enter at any reasonable time and without prior notice or as with such notice as the Investigatory Tribunal may deem appropriate, any premises accompanied by a police officer not below the rank of Sargeant where the person in public life is suspected to be or any premises on or in which anything connected with that investigation is suspected to be, and may:

 

(i)        inspect and search those premises, and thereby make such enquiries as the Investigatory Tribunal may deem necessary;

 

(ii)      examine any property found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from the person in public life or the owner or person in charge of the premises or from any person who has possession or charge of that property, any information regarding that property;

 

(iii)    make copies or take extracts from any book or document found on or in the premises which has a bearing or might have a bearing on the investigation in question, and request from any person suspected of having the necessary information, an explanation of any entry therein: or

 

(iv)    seize, against the issue of a receipt, anything on or in the premises which has a bearing or might have a bearing on the investigation in question, or the Commission wishes to retain it for further examination or for safe custody:

 

(11)      Pursuant to subsection (9) any person from whom a book or document has been taken, as long as it is in the possession of the Investigatory Tribunal, may at his or her request be allowed, at his or her own expense and under the supervision of the Investigatory Tribunal make copies thereof or to take extracts therefrom at any reasonable time.

 

 

(12)      The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate’s court shall apply in relation to the questioning of a suspect or any person referred to in subsection (4) but that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge.

 

(13)      No evidence regarding any questions and answers contemplated in subsection (11) shall be admissible in any criminal proceedings except where the person concerned stands trial on a charge contemplated pursuant to the provisions of this Act.

 

(14)      Subject to any directions, conditions or restrictions determined by the judge under subsection (5) the provisions of The Magistrate Code of Procedure Act relating to the conducting of an investigation and the execution of a warrant in terms of those provisions shall apply, with the necessary changes, in respect of an investigation conducted in terms of subsection (9).

 

(15)      Any person who:

 

(a)                obstructs or hinders the Investigatory Tribunal in conducting the investigation or any other person in the performance of his or her functions in terms of  this section; or

 

(b)               when he or she is asked in terms of subsection (9) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading,

 

commits an offence and is liable on conviction to a fine of ten thousand dollars or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.

 

Offences

29.       (1)        A person who:

 

(a)        fails, without reasonable cause, to furnish to the Commission a declaration or further particulars thereof which he is required to furnish in accordance with this Act;

 

(b)        makes a declaration which is knowingly false in some material particular;

 

(c)        fails, without reasonable cause, to give such information as an Investigatory Tribunal may require under section 23;

 

(d)               fails, without reasonable cause, to attend an inquiry being conducted under section 23; or

 

(e)                gives any false information in an inquiry,

 

commits an offence, and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of five years or to both such fine and imprisonment.

 

(2)        A person who aids, abets or facilitates another person in the commission of an offence under sub-section (1) commits an offence and the first mentioned person is liable on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years or to both such fine and imprisonment.

 

(3)        Where the offence under subsection (1) involves the non-disclosure of property acquired while in public life, the Court may, if satisfied that such property was acquired but not declared as required under this Act, in addition to the penalty specified under subsection (1):

 

(a)         where the property involved is situated in Saint Christopher and Nevis declare that it be forfeited to the State; or

 

(b)        where the property involved is situated outside Saint Christopher and Nevis, order that an amount equivalent to the value of property, be paid by the person in public life to the State.

 

(4)        Any property acquired from a person referred to under subsection (3) by a bona fide purchaser for value without notice of any offence by that person is not liable to forfeiture, but an amount equivalent to the value of the property or the price paid by the purchaser, whichever is the greater, shall be paid by the person in public life to the State.

 

(5)        The payment of all sums due to the State pursuant to subsection 3(b) or subsection (4) may be enforced as a debt due and owing to the State and any proceedings thereon on behalf of the State may be taken.

 

Prosecutions

30.       No prosecution for an offence under this Part, other than an offence under section 29 (1) (a) may be instituted after five years from the date when the person, in public life in respect of whose declaration or financial affairs the alleged offence was committed, ceased to be a person in public life.

 

Deductible income tax expenses

31.       For the purposes of the Income Tax Act, all outgoings and expenses reasonably incurred in an income year by a person in public life in connection with the preparation of a statutory declaration required to be furnished for the purposes of this Act are deemed to be incurred by him or her wholly, exclusively and necessarily in the production of his income for that year of income.

 

Code of Conduct Second Schedule

32.       (1)        Every person in public life shall observe and conduct himself or herself in accordance with the body of rules known as the Code of Conduct, specified in Schedule I.

 

(2)        A person in public life who is in breach of the Code of Conduct shall be subject to disciplinary proceedings by the Public Services Commission or the Commission may report the matter to the Director of Public Prosecutions.

 

Report to Director of Public Prosecutions

33.       (1)        Where the Director of Public Prosecutions is satisfied, on the examination of a matter referred to in subsection (2) and other relevant evidence, that any person in public life ought to be prosecuted for an offence under section 32, he or she shall institute and undertake criminal proceedings against the person in public life.

 

(2)        Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (1), the Director of Public Prosecutions shall inform the Commission, in writing, about the action taken in pursuance of the report.

 

Acceptance of Gifts

34.       (1)        A person in public life shall not demand gifts, favours, hospitality or any other benefit for himself or herself or his or her family, close relatives and friends or persons or organizations with whom he or she has or had business or political relations which may influence or appear to influence the impartiality with which he or she carries out his or her duties or may be or appear as a reward relating to his or her duties.

 

(2)        Subsection (1) does not include conventional hospitality or minor gifts.

 

(3)        Where a person in public life is in doubt whether he or she can accept a gift or hospitality, he or she shall seek the advice of the Commission.

 

Penalty for contravening section 34

35.       Any person in public life who fails to comply with section 34 commits an offence, and is liable on summary conviction, to a fine, equal to the value of the gift involved in the commission of the offence or seven thousand five hundred dollars, whichever is greater.

 

 

PART VI

FINANCIAL PROVISIONS

 

Funds

of the Commission

36.        The funds of the Commission shall consist of funds as may from time to time be placed at its disposal by Parliament and other moneys as may be lawfully paid to the Commission for the purpose of this Act.

 

Accounts and Audit

37.        The Commission shall keep proper accounts of receipts, payments, assets and liabilities and those accounts shall be audited annually by the Director of Audit or such other Auditor appointed by the Governor General for that purpose.

 

Annual Reports and Estimates

38.        (1)        The Commission shall in each year and at such time as the Minister shall direct, prepare and forward to the Minister a report of its activities during the previous financial year, including a statement of its accounts audited in accordance with section 37.

 

(2)        A copy of the report together with the auditor’s report shall be laid before the National Assembly.

 

(3)        The Commission shall on or before the 15th day of September of each year, submit to the Minister for approval, its estimates of expenditure in respect of the next financial year.

 

(4)        For the purposes of this part “financial year” means the period January 1st to December 31st of each year.

 

 


 

SCHEDULE I

Section 2

 

  1. Members of the National Assembly
  2. Ministers of Government
  3. Speaker of the National Assembly
  4. Heads of Diplomatic Missions of St. Kitts and Nevis accredited to any country or any international organisation.
  5. Commissioner of Police, Superintendent of Prisons, Head of the Armed Forces
  6. Parliamentary Secretaries
  7. Permanent Secretaries
  8. Assistant Permanent Secretaries
  9. Heads of Departments in Government Ministries
  10. 10. Solicitor General and Legal Officers employed in the public service above the level of Grade K40
  11. Chairman and Board members of any Public Institution including Social Security
  12. Directors and Managers of majority state-owned or controlled banks or other financial institutions or Statutory Corporations or Companies
  13. Director of Audit
  14. Chairpersons and Executive Members of Political Parties


SCHEDULE II

Section 32

CODE OF CONDUCT

PART 1 – GENERAL PRINCIPLES

 

1.         A person in pubic life has the duty to take all necessary action to comply with the provisions of this Code.

 

2.         A person in public life should carry out his or her duties in accordance with law, and with lawful instructions and ethical standards which relate to his or her functions.

 

3.         A person in public life should act in a politically neutral manner and should not attempt to frustrate the lawful policies, decisions or citations of a public authority.

 

4.         A person in public life has the duty to serve loyally, the lawfully constituted national, local or regional authority.

 

5.         A person in public life shall be honest, impartial and efficient and shall perform his or her duties to the best of his or her ability with skill, fairness, understanding, having regard only for the public interest and the relevant circumstances of the case.

 

6.         In the performance of his or her duties a person in public life shall not act arbitrarily to the detriment of any person, group or body and shall have regard for the rights, duties and proper interests of all others.

 

7.         A person in public life shall not allow his or her private interest to conflict with his or her public position.  It shall be the responsibility of the person in public life to avoid such conflicts of interest, whether real, potential or apparent and where such conflicts are unavoidable, to fully explain the conflict to any public official above that person or where the conflict is in relation to a Minister of Government, to Cabinet.

 

  1. A person in public life shall not take advantage of his or her position for his or her private interest.

 

  1. A person in public life shall always conduct himself or herself in such a way that the public’s confidence and trust in the integrity, impartiality and effectiveness of the public service are preserved and enhanced.

 

10.       Having due regard for the right of access to official information, a person in public life shall have a duty to treat appropriately with all necessary confidentiality all information and documents acquired by him or her in the course of, or as a result of, his or her employment.

 

11.       A person in public life who believes that he or she is being required to act in a way  which is unlawful, improper, unethical, which involves maladministration, or which is otherwise inconsistent with this Code, should report the matter in accordance with the law.

 

 

PART II – CONFLICT OF INTEREST

 

1.         A conflict of interest arises from a situation in which a person in public life has a private interest which is such as to influence, or appear to influence, the impartial and objective performance of his or her official duties.

 

2.         A person in public life private interest includes any advantage to himself or herself, to his or her family, close relatives, friends and persons or organizations with whom he or she has had business or potential relations.  It also includes any liability whether financial or work relating thereto.

 

3.         Since the person in public life is usually the only person who knows whether he or she is in that situation, he or she has a personal responsibility to:

 

(a)                be alert to any actual or potential conflict of interest;

 

(b)               take steps to avoid such conflict;

 

(c)                disclose to his or her superiors any such conflict as soon as he or she becomes aware of it;

 

(d)               comply with any final decision to withdraw from the situation or to divest himself or herself of the advantage causing the conflict.

 

4.         Whenever required to do so, a person in public life should declare whether or not he or she has a conflict of interest.

 

 

PART III – INCOMPATIBLE OUTSIDE INTERESTS

 

1.         A person in public life shall not engage in any activity or transaction or acquire any position or function whether paid or unpaid, that is incompatible with or detracts from the proper performance of his or her duties as a public official.  Where it is not clear whether an activity is compatible, he or she should seek advice from the Commission.

 

2.         A person in public life shall comply with any lawful requirement to declare membership of, or association with, organizations that could detract from his or her proper performance of his or her duties as a person in public life.

 


 

PART IV – POLITICAL OR PUBLIC ACTIVITY

 

1.         Subject to respect for fundamental and constitutional rights, a person in public life shall ensure that none of his or her political activities or involvement or political or public debates impairs the confidence of the public and his or her employers in his or her ability to perform his or her duties impartially and loyally.

 

2.         In the exercise of his or her duties, a person in public life shall not allow himself or herself to be used or his or her office to be used for partisan political purposes.

 

3.         A person in public life shall comply with any restrictions in political activity lawfully imposed on certain persons in public life by reason of his or her position or the nature of his or her duties.

 

 

PART V – REACTION TO IMPROPER OFFERS

 

1.         If a person in public life is offered an undue advantage he or she should take the following steps to protect himself or herself:

 

(a)        refuse the undue advantage;

 

(b)        try to identify the person who made the offer;

 

(c)        avoid lengthy contacts with the person who made the offer;

 

(d)       if the gift cannot be refused or returned to the sender, it should be preserved, but handled as little as possible;

 

(e)        obtain witnesses if possible, such as colleagues working nearby;

 

(f)        prepare as soon as possible a written record of the attempt; preferably in an official notebook;

 

(g)        report the attempt as soon as possible to the Commission;

 

(h)        continue to work normally, particularly on the matter in relation to which the undue advantage was offered

 

 

PART VI – SUSCEPTIBILITY TO INFLUENCE BY OTHERS

 

1.         A person in public life should not allow himself or herself to be put in a position of obligation to return a favour to any person or body; nor should his conduct in his or her official capacity or in his or her public life make him or her susceptible to the improper influence of others.

 

2.         The person in public life should not seek to influence for private purposes any person or body including other public officials by using his or her official position or by offering them personal advantages.

 

PART VII – INFORMATION HELD BY PUBLIC AUTHORITIES

 

1.         Having respect to the framework provided by any law with respect to access to information held by a public authority, a person in public life shall not disclose information in accordance with the rules and requirements applying to the authority by which he or she is employed.

 

2.         The person in public life should take appropriate steps to protect the security and confidentiality of information for which he or she is responsible or for which he or she becomes aware

 

3.         The person in public life should not seek access to information which it is inappropriate for him or her to have and he should not make improper use of information which he or she may acquire in the course of, or arising from his or her employment.

 

4.         Equally, a person in public life has a duty not to withhold official information that should properly be released and a duty not to provide information which he or she knows or has reasonable grounds to believe is false or misleading.

 

5.         This Code shall form part of the terms of employment of a person in public life and shall be observed a terms of employment.


 

SCHEDULE III

Section 23

 

FORMS

 

FORM I

INTEGRITY IN PUBLIC LIFE ACT NO. (                 of 2011)

SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION

A, B, Complainant

 

C, D, (name of person in public life alleged to be in breach of the Code of Conduct)

 

To:  E, G, of

 

……………………………………………………………………………………..

 

Whereas a complaint has been made before the Integrity Commission that C, D, (state concisely the substance of the complaint) and it has been made to appear to the Commission that you are likely to give material evidence on behalf of the Complainant/person in public life in this behalf:

 

This is to require you to be and appear at ………………………………………o’clock on he ……………………….day of …, 200….. at ………………………………………………….before the Commission in the said place, to testify what you know concerning the matter of the said complaint.

 

 

Dated this …………day of……………………………200…

 

 

____________________________

Chairman of Integrity Commission


SCHEDULE III

Section 15

 

FORM II

INTEGRITY IN PUBLIC LIFE ACT NO. (                 of 2011])

DECLARATION OF ASSETS, LAIBILITES AND INCOME

 

Declaration of assets and liabilities at …………………………………………

(Declaration Date)

 

and of income for the period of twelve months (or other period where appropriate) ending on that date.

 

NOTE:

 

(a)        Where any property is held by the declaration, declarant’s spouse or the declarant’s child or children in trust for any other person, this should be indicated by a note to that effect.

 

(b)        The declaration date should be the date as at which pursuant to section 13 the declaration is to be made.

 

(c)        Where the space in this Form is inadequate a separate sheet of paper may be used and signed by the declarant.

 

Name of Declarant

 

Address of Declarant

 

 

Address of Declarant’s Spouse

 

Name of Declarant’s Spouse

 

Maiden Name (of Spouse)

 

 

PARTICULARS OF DECLARANT’S CHILDREN

Name

Date of Birth

Address

 

 

 

 

 

 

 

._____________________________

Signature of Declarant

Date: _______________________


PARTICULARS OF ASSETS HELD BY DECLARANT,

SPOUSE AND CHILDREN

BANK ACCOUNTS

 

1.         TO BE SUPPORTED BY BANK STATEMENT OR LETTER FROM BANK CONFIRMING BALANCES.

 

Name and Address of Banks

In whose Name held

Balance in Account

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.         CASH IN EXCESS OF …………………………………… DOLLARS HELD OTHER THEN IN BANK BY DECLARANT, SPOUSE AND CHILDREN.

 

Where held

In whose Name held

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.         BONDS, STOCKS, SHARES, AND SIMILAR INVESTMENTS INCLUDING ANY SUCH PROPERTY OVER WHICH A RIGHT OF DISPOSITION RESIDES IN THE DECLARANT, SPOUSE AND CHILDEN

 

No. and Description

Organization in which held

In whose name held

Face value

Cost of acquisition where known or market value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

._____________________________

Signature of Declarant

 

Date: _______________________


 

4.         IMMOVABLE PROPERTY (e.g. HOUSE, LAND AND FARM BUILDINGS) HELD BY DECLARANT, SPOUSE AND CHILDREN

 

Description

 

General

Vol.

Fol.

Where situated

In whose name held

Purchase price

Estimated current market value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

._____________________________

Signature of Declarant

 

Date: _______________________

 

 

 

5.         MONIES INVESTED IN MORTGAGE OR BUSINESS VENTURES (INCLUDING CROPS ANS LIVESTOCK) BY DECLARANT, SPOUSE AND CHILDREN

 

Type of Investment

In whose name

Amount invested in project

Terms

Interest rate

Annual Income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.         PARTICULARS OF MOTOR VEHICLES OWNED BY, OR ON HIRE FOR ANY PERIOD TO, OR ON HIRE FOR ANY PERIOD TO, OR ON LOAN FOR A PERIOD IN EXCESS OF TWO MONTHS TO THE DECLARANT, SPOUSE OR CHILDREN

 

Description

Owner’s Name

Age of Vehicle

Terms of Hireage (if hired)

Purchase Price

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.         VALUES HELD IN SAFTY DEPOSIT BOXES BY DECLARANT, SPOUSE AND CHILDREN

 

Where held

Owner’s name

Contents

$ Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.         INSURANCE POLICIES HELD BY DECLARANT, SPOUSE AND CHILDREN

 

Insurance Company

Type of Policy

Date Insured

Date of maturity

Name of Insured

Annual Premium

Face Value

Surrender Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.         ANY OTHER PROPERTY OWNED BY DECLARANT, SPOUSE AND CHILDREN

 

Description

Owner’s Name

By whom being held

In what capacity being held

Estimate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.       OTHER PROPERTY OWNED BY DECLARANT, SPOUSE, AND CHILDREN BEING HELD BY A PERSON OTHER THAN OWNER, WHETHER IN TRUST OR OTHERWISE

 

Description

Owner’s Name

By whom being held

In what capacity being held

Estimated Market Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

._____________________________

Signature of Declarant

Date: _______________________


11.       PARTICULARS OF INCOME FROM ALL SOURCES OF DECLARANT, SPOUSE AND CHILDREN (INCLUDING PERQUISITES SUCH AS HOUSE, ENTERTAINMENT ALLOWANCES, RENTAL, etc.)

 

Type of Income

Recipient’s Name

Source

Gross Amount for period under review

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.       PARTICULARS OF LIABILITIES (INCLUDING GUARANTEES) OF DECLARANT, SPOUSE AND CHILDREN

 

CERTIFICATE FROM CREDITORS OR PARTY TO WHICH GUARANTEE GIVEN SHOULD BE PROVIDED

 

Nature of Liability

Person Liable

To whom Liable

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

._____________________________

Signature of Declarant

 

Date: _______________________

 

 

 

13.       PARTICULARS OF ANY PROPERTY ACQUIRED OR DISPOSED OF BY DECLARANT, SPOUSE AND CHILDREN DURING PERIOD OF 12 MONTHS OR OTHER PERIOD WHERE APPROPRIATE) ENDING ON ……………..

 

Description of Property

Acquisition or Disposal

Cost of Acquisition

Price of Disposal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I do solemnly and sincerely declare that the particulars given by me herein are, to the best of my

the knowledge, true, accurate and complete and I hereby authorize my bankers and/or other financial advisors to provide such information to the Commission as may be reasonably requested by Commission to verify the contents of this Declaration.

 

 

 

._____________________________

Signature of Declarant

 

Date: _______________________

 

Signed at ……………………………………………………………………………………

 

 

 

This ……………..day of …………………before…………………………………………

Commissioner for Oaths


SCHEDULE III

Section 19

Form III

 

INTEGRITY IN PUBLIC LIFE ACT NO. (                 of 2011)

 

 

 

CERTIFICATE OF COMPLIANCE

 

 

 

 

 

The Integrity Commission certifies that it has examined the declaration filed with the Commission and is satisfied that full disclosure has been made by     (Name and address of Declarant)     in accordance with the Act.

 

 

 

 

 

 

Dated this                       day of                                     20( ).

 

 

 

 

 

 

 

Chairman, Integrity Commission

 

CURTIS MARTIN

Speaker

 

 

Passed by the National Assembly this                day of                             , 2011.

 

 

JOSÉ LLOYD

Clerk of the National Assembly

INTEGRITY IN PUBLIC LIFE (PRIVATE MEMBERS’ BILL)

Explanatory Memorandum

The long title of the aforementioned Bill states as its purpose the following:

 

“An Act to establish an Integrity Commission in order to ensure integrity in public life to obtain declarations of the assets, liabilities, and income and interest in relation to property of persons in public life and to give effect to the provisions of the Inter-American Convention Against Corruption and for matters incidental thereto and connected therewith.”

 

Part I – Preliminary

Part I of the Bill provides the Preliminary Provisions.  By virtue of this Part the commencement of the Bill, and the interpretation of words used throughout the Bill and the application of same are defined.  By virtue of sub-clause (2) of Clause 2, the Act applies to every person in public life and Schedule I of the Bill provides a list of such persons.

 

Part II – Integrity Commission

Part II of the Bill provides for the establishment of an Integrity Commission.   Pursuant to sub-clause (2) the Commission shall consist of a Chairperson, who shall be a retired judge or an attorney-at-law appointed by the Governor-General acting in his or her own deliberate judgment and two other persons appointed by the Governor-General after consultation with the Prime Minister as to one such person and the Leader of the Opposition as to the other such person PROVIDED that no member of the Commission shall be a person falling in the category of persons set out in Schedule I.

 

Clause 4 provides for disqualification from membership of the Commission if a person is in public life or is otherwise exercising a public function, or has at any time during the three years preceding the date of contemplation of appointment been a public servant or at any time during the five years immediately preceding the date of contemplation of appointment held office in a political party.

 

Pursuant to sub-clause 5, a member of the Commission may be appointed for a period not exceeding five years and provision is made herein for the removal of a member.

 

Clause 6 provides for resignation of members.

 

Clause 7 provides for the vacancy of the membership of the Commission.

 

Clause 8 provides for the removal from office of a member of the Commission.  This clause provides that where the Governor-General, acting on consultation with the Prime Minister and the Leader of the Opposition considers that the question of removing a member of the Commission ought to be investigated, the Governor-General shall appoint a Disciplinary Tribunal to inquire and report on the facts thereof to the Governor-General and recommend to the Governor-General whether the member should be removed from office.

 

By virtue of clause 9, the appointment, resignation, revocation or removal or the death of a member of the Commission shall be published in the Gazette.

 

Clause 10 provides for the functions of the Commission; that is:

 

(a)                to receive, examine and retain all declarations filed pursuant to the provision of the Act;

(b)               to make such inquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed pursuant to the Act;

(c)                to conduct without prejudice to the provision of any other enactment an investigation into any allegation of bribery or act of corruption under the Prevention of Corruption Act; and

(d)               to perform such other functions as may be required pursuant to the provisions of the Act.

 

Clause 11 provides for the proceeding and meetings of the Commission.

 

Clause 12 provides for the process of the Commission to summon and examine witnesses.

 

By virtue of Clause 14, the Commission shall in the exercise of its functions under this Act not be subject to the control or direction of any person or authority.

 

Part III – Financial Disclosure

Part III of the Bill provides for the Financial Disclosure.  Pursuant to Clause 15, a person who on or after the commencement of this Act, is a person in public life shall file a declaration to the Commission and the forms for filing are provided in Schedule III of the Act.

 

Clause 16 provides for a declaration to be made where a person in public life holds money or property in trust for another person.

 

Clause 17 provides for declaration of income and assets and liabilities by agents or spouses.

 

Clause 18 provides for the declaration of a blind trust, save and except that where a person in public life places his or her assets or part thereof in a blind trust he or she need not in the declaration give more particulars of those assets than the amount and description of the assets.

 

Clause 19 provides for the examination of declaration by the Commission.

 

Clause 20 provides for the request for further particulars where the Commission considers necessary in examining the declaration of a person in public life.

 

Clause 21 – 24 provides for the powers of the Commission to summon witnesses and conduct an inquiry where it is considered necessary and in this instance, the Commission may, pursuant to the advice of the Governor –General appoint an Investigatory Tribunal for that purpose.

 

Clause 25 indemnifies a person in public life for reasonable costs and expenses associated with any investigation into his or her affairs.

 

Clauses 26 and 27 provide for the confidentiality of all matters coming to the attention of the Commission and for criminal sanctions if such confidentiality is breached by members of the Commission or employees or servants of the Commission.

 

Clause 28 provides for the application for and the issuing of an investigation direction by a Judge in respect of the possession of the property by a person in pubic life that is disproportionate to his present or past known sources of income.  Where based on an inquiry conducted pursuant to Clause 22, the Commission has grounds to believe that the assets of a person in public life are disproportionate to his or her past known sources of income and that there is no reasonable explanation therefor, the Commission shall issue a report to the Director of Public Prosecutions of its findings.

 

If the Director of Public Prosecutions upon examination of the report submitted has reasonable grounds to believe that an investigation into the assets and income of the person in public life is necessary, he or she may apply to a Judge in Chambers for the issuing of an investigation direction to inquire into the matter.

 

Sub-clause 3 of Clause 28 provides for the particulars of the application which shall be made ex parte and based upon the application, an investigation direction may be issued by the Judge pursuant to the provisions of sub-clause (5).  Sub-clause 7 provides for the application direction to be considered and issued without any notice to the person in public life save and except where a previous investigation application has been issued in respect to that same person in public life.

 

Sub-clause 5 of clause 28 provides for the circumstances whereby an investigation direction may be issued.

 

Sub-clause 10 provides for the powers of the Investigatory Tribunal.

 

Sub-clause 11 – 15 provides for the investigating powers of the Investigatory Tribunal and the penalty for the Commission of an offence under this clause.

 

Clause 29 provides for offences.

 

Clause 32 provides for the observation of a Code of Conduct as prescribed in Schedule I to the Bill and the consequences of a breach of this Code.

 

Clause 33 provides for the institution of criminal proceedings by the Director of Public Prosecutions against a person in public life pursuant to Clause 32 where a matter has been reported to him or her by the Public Services Commission.

 

Clause 34 provides for acceptance of gifts.

 

Clause 35 provides for penalty for contravening Clause 34.

 

Part IV – Financial Provisions

 

Part VI provides for financial matters relevant to the Commission.

 

 

 

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