Still no code of conduct for legislators, 13 years after pledge

At least one civil society group is expressing concern that parliamentarians have been operating without a code of conduct despite pledges to craft and implement one from as far back as 2009.

The concern is highlighted even as an impeachment bill aimed at, among other things, holding parliamentarians accountable for misconduct, appears to be languishing on Parliament’s Order Paper.

National Integrity Action (NIA) Principal Director Professor Trevor Munroe told The Gleaner that while two arms of the State, the executive and judiciary, have been operating with codes of conduct, there are no such guidelines for the third – the legislature.

“Every single occupation, profession and meaningful activity that I can think of in Jamaica has a process and a mechanism to enforce standards of conduct and to approve or disapprove misconduct which does not rise to the standard of a criminal offence,” Munroe said in a Gleaner interview.

“The judges have it, teachers, nurses, doctors, the Private Sector Organisation of Jamaica, work centres with their codes of discipline; the Cabinet has a code of conduct,” he added.

He lamented that while a code of conduct was promised by parliamentarians from 2009 in the Vision 2030 document, to date, it is yet to be developed.

Jamaica’s National Development Plan, Vision 2030, highlights plans to introduce “guidelines with appropriate sanctions, as well as with roles and responsibilities of members of the Houses of Parliament, to ensure effectiveness and accountability”.

At a recent meeting of the joint select committee to review the Integrity Commission Act 2017, Legal and Constitutional Affairs Minister Marlene Malahoo Forte disclosed that the Government was working on a draft code of conduct for parliamentarians.

When further quizzed on the issue, she said that work was far advanced on the document.

And, in April 2021, Leader of the Opposition Mark Golding tabled a Constitution (Amendment) (Impeachment) bill to remove from Parliament legislators who run afoul of the law. There has been no indication that the measure will be debated any time soon.

The bill contains provisions similar to one that former Prime Minister Bruce Golding had proposed during his tenure as head of Government.

The Parliament, in 2016, passed legislation to impeach elected mayors of municipalities.

Under the Local Governance Act 2016, a mayor of a municipality can be impeached for gross misconduct or dereliction of duty. A mayor can be removed from office if 25 per cent of electors of the municipality sign a petition calling for his impeachment or by way of a motion moved by two-thirds of the members of the municipality.

“Here is a Parliament which has passed regulations and established a process of impeachment applicable to a segment of local government, but refuses to do a similar act for itself … ,” Munroe observed.

“So here, again, is a second mechanism by which those who are constitutionally bound to make laws for peace, order and good governance of Jamaica under the Constitution are ignoring a means by which they themselves can be held to account.”

The NIA principal director urged members of civil society, the media and Jamaicans, in general, to maintain focus on this issue.

Munroe also indicated that civil society and other groups should work with Jamaica’s international development partners to press lawmakers on critical issues such as this.

edmond.campbell@gleanerjm.com