Editorial | Liars of Gordon House?

Since neither Andrew Holness, the prime minister, nor Mark Golding, the opposition leader, would deliberately mislead Jamaicans, it is either that the Integrity Commission’s (IC) chief investigator, Kevon Stephenson, engaged in a semantical contortion or journalists totally misapprehended what he meant about members of parliament (MPs) being investigated for illicit enrichment.

Or it may be that six MPs outrightly lied to either Mr Holness or Mr Golding, or both. Which would represent a fundamental breach of trust that should lead to the suspension, and probably expulsion, of the prevaricators from their political party or parties.

In its annual report tabled in Parliament last month, the IC – to which legislators and select public servants have to make annual assets and liability declarations – disclosed that six legislators and 28 other public officials were being investigated for illicit enrichment under Sections 14 and 15 of Jamaica’s Corruption (Prevention) Act.

Section 14 (1) (b) of the law makes it an act of corruption if a public official “in the performance of his public functions does any act or omits to do any act for the purpose of obtaining any illicit benefit for himself or any other person”. Further, public servants who cannot account for assets that are disproportionate to their known lawful income “shall be liable to prosecution for the offence of illicit enrichment”.

Those persons, if convicted in a parish court for a first offence, can face fines of up to J$1 million and be jailed for as long as two years – or both. Conviction in a circuit court could mean being fined up to J$5 million and/or jailed for up to five years.

DID NOT NAME

In keeping with the provision of the law that governs its operations, the IC did not name the people being investigated. That can only happen when its probe has been completed and the report of the investigation is tabled in Parliament. In fact, the commission cannot even announce when it opens an investigation. That six MPs are/were being investigated is public information only because it is included in a report the commission has to produce for Parliament annually on its activities over the year.

What has made the difference with this matter is that at a meeting of the parliamentary oversight committee for the IC, an opposition MP asked commission officials whether the parliamentarians who were being investigated had been informed of it.

In a subsequently emailed response, Mr Stephenson told the committee’s members: “All declarants who are being investigated for illicit enrichment must be so advised. Declarants under such an investigation, must, by law, be given an opportunity to explain how they came by their assets.”

That, in the face of it, seems just a roundabout way of saying plain old yes. Which, if it is the case, puts a different complexion on the matter.

It is one thing for a public official, and more so an MP, to be under investigation and not know. It is quite another for that MP, having been told, to remain in a position where there is the potential to interfere with the investigation, undermine the commission, or influence public policy so as to weaken anti-corruption initiatives.

LEAVE OF ABSENCE

It is against that backdrop that this newspaper last week urged Mr Holness and Mr Golding to elicit from their legislators, in both Houses of Parliament, whether they had been advised by the IC of being subjects of investigations. Those who said yes, this newspaper argued, should be encouraged to take a leave of absence from their Cabinet or shadow Cabinet portfolios, their seats on parliamentary committees, and from key positions in their political parties. If they declined, they should be removed.

Seemingly, Mr Golding acquiesced to our suggestion. He said he asked all current legislators of the People’s National Party (PNP).

“The party leadership has contacted all current members individually and is satisfied that none on our side has received communication from the IC indicating that they are subjects of investigation for unjust enrichment,” the PNP said in a statement.

Initially, the Government side said there was a Cabinet, and apparently, the Jamaica Labour Party’s decision for members not to speak on issues relating to the IC and this investigation. Which Mr Holness broke.

Last Thursday, the prime minister told reporters: “I have asked as far and as wide, and I haven’t got that response from everyone, but as far as I have been told, no. People have been written to, as the Integrity Commission does almost daily, but I have not heard of anyone in my political party being written to for this matter of illicit enrichment.”

If Mr Holness and Mr Golding are not attempting semantic gymnastics to pull the wool over people’s eyes, or there is a cock-up on the part of the IC, then six people in Parliament have barefacedly lied to their party and parliamentary leaders. That, should it be so, is intolerable and should not be allowed to stand. For everyone’s sake.