Legislators facing illicit enrichment probe urged to step back

With the number of parliamentarians under investigation for illicit enrichment increasing from six to eight, Jamaicans for Justice Executive Director Mickel Jackson says Jamaicans should be concerned that lawmakers being probed for this offence are presiding over the financial affairs of the country, and could be sitting on the committee reviewing the Integrity Commission Act or its oversight body.

In its 2023-2024 annual report, which was tabled in Parliament on Tuesday, the Integrity Commission (IC) said two additional legislators are now being investigated for illicit enrichment. Last year, it said six were being probed for the criminal offence.

Illicit enrichment arises under the Integrity Commission Act when a person fails to explain or give a satisfactory reason for owning assets disproportionate to their lawful earnings.

In a release on Wednesday, the IC said it has made no comment on the status of any investigation that may be related to any specific illicit enrichment referral. The IC said it has no power in law to do so.

“They know themselves and should remove themselves from such positions if they have not satisfied the IC with sufficient explanations as to their assets that should be proportionate to [their] lawful earnings,” Jackson declared.

Opposition Leader Mark Golding told The Gleaner on Wednesday that he has spoken to the 14 opposition members of parliament (MPs) to ascertain if they were being investigated for illicit enrichment.

“I have spoken to all of my MPs individually and all of them have said that they are not aware of being under investigation for illicit enrichment,” Golding said.

Golding added that he has contacted all eight senators on the opposition side and they said none of them had been contacted by the IC in relation to any illicit enrichment probe.

Golding contended that any parliamentarian who is aware that he or she is being investigated for illicit enrichment should recuse themselves from their participation in any situation where there could be a perceived conflict of interest, including any committee dealing with matters relating to the IC.

“Quite frankly, I would say it is grounds for stepping back, if you hold an executive position in Government, for example. I don’t think you could be under investigation for a criminal corruption offence and continue to hold the position of a minister or junior minister, for example,” he said.

The opposition leader suggested that, if a member of the executive is being probed for illicit enrichment, that person should take a leave of absence until the matter is resolved.

Dangerous and misguided

Jackson told The Gleaner that she agreed with the remarks by IC Chairman Retired Justice Seymour Panton that “given the state of the legislation, it is irritatingly unfair and unreasonable for persons … to be requesting that the commission speak on matters relating to statutory declarations or investigations”.

To suggest that the IC circumvent the gag clause by submitting a special report is a dangerous and misguided position to take, Jackson warned.

“The parliament has, in fact, muzzled the commission and now stands to benefit from that chokehold ... ,” she said.

“They can make whatever utterances they deem to be in their best interest and the Integrity Commission is hamstrung, in that they can’t clarify or counter, but watch like the rest of us as the agency’s reputation and goodwill takes a beating. Grossly unfair!” she declared.

The IC is the only investigative body of the government for which specific gag clauses have been crafted in legislation to prohibit it from commenting on or announcing investigations into alleged corrupt practices by parliamentarians and other public officials.

There are no gag clauses in the respective laws governing the Major Organised Crime and Anti-Corruption Agency, the Financial Investigations Division, and the Auditor General’s Department that bar them from announcing or commenting on probes.

There are no provisions in the Constabulary Force Act that prevent the police from announcing investigations and naming persons who are alleged to have committed crimes. In fact, the police regularly publish in the media “persons of interest” whom they believe can assist them in their investigations into criminal activities.

Repeal gag clause

Jackson urged Jamaican lawmakers to take lessons from other Commonwealth jurisdictions such as New Zealand, Australia, and the United Kingdom. She said lawmakers should repeal the gag clause and allow for the IC to make public statements as appropriate.

Jackson proposed that, once the director of investigations has formally opened an investigation into a matter of corruption, disclosures and public statements may take place if there are operational reasons for announcing the probe, including the need for public cooperation or if there is some other substantial reason why the announcement would be in the public interest.

However, she said, the director should take into account the public interest, reputational damage or harm to individuals or businesses under investigation, level of detail required to ensure high levels of accuracy in reporting, or other information which is in the public arena.

After the IC reported in 2023 that it was investigating six parliamentarians for illicit enrichment, Opposition Leader Mark Golding said he spoke to members on his side of the parliamentary divide and was told that none was contacted by the IC to indicate they were being probed for the alleged crime.

In August last year, Prime Minister Andrew Holness said consultations with government lawmakers to ascertain whether they were being investigated by the IC for illicit enrichment elicited a negative response.

“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,” Holness told journalists last August as he toured the Clarendon Northern constituency.

The Holness-led Government imposed a gag order on cabinet ministers and government lawmakers last year from commenting on matters relating to the IC, including the probe into the then illicit six.

Then de facto information minister, Robert Morgan, said the prohibition imposed on members of the executive and “members of the government” not to speak on matters relating to the IC came in the form of a cabinet policy.

edmond.campbell@gleanerjm.com