IC Oversight Committee to review Holness report

Lawmakers on the Integrity Commission Oversight Committee will today have an opportunity to reject or accept a referral to the Financial Investigations Division (FID) regarding three companies linked to Prime Minister Andrew Holness.

Kevon Stephenson,, the director of investigation at the Integrity Commission (IC), asked lawmakers to support sending a report that was tabled in the House a week ago to the FID, which investigates financial crimes.

A rejection of the IC’s referral would not inhibit the FID from examining of the 171-page document, which it received from the IC last Thursday.

At its meeting today, the Edmund Bartlett-chaired oversight committee is expected to examine three investigation reports, a special report, a ruling by the director of corruption prosecutions and an addendum to the investigation report dealing with the statutory declarations of the prime minister which were tabled in Parliament last week.

Stephenson said there was sufficient basis on which to make a referral to the commissioner general of Tax Administration Jamaica (TAJ) and the FID for a determination to be made as to the appropriateness of the filing of nil tax returns by three companies linked to Holness. He also wants the FID to determine whether there is any financial impropriety on the part of the companies owned or part-owned by the prime minister.

In light of its findings, the IC asked the Parliament and, by extension the oversight committee, to support the director of investigation’s referral to the FID and TAJ.

The commissioners of the IC said “there can be no finality in the matter until the FID has completed its work”.

Senate President Tom-Tavares Finson’s assertion that the IC had no power to refer its investigation report to the FID was dismissed last week in light of a December 2021 memorandum of understanding between the IC and the FID aimed at fostering a strategic working relationship in which information-sharing is at its core.

As part of its mandate, the oversight committee has the task of reviewing the annual report and any other report of the IC and to submit recommendations to the Houses of Parliament.

The IC reminded Parliament that in keeping with the provisions of the Integrity Commission Act, there can be no certification of a statutory declaration until the commission’s director of information and complaints is “satisfied that the statutory declaration is duly completed”.

Holness’ statutory declarations for 2021 and 2022 have not been certified.

In its report, the IC also urged Parliament to develop a policy, and legislation, if necessary, to deal with the commercial and corporate activities of ministers of government and the likelihood of the occurrence of conflicts of interest.

Last week, the FID said it would undertake a comprehensive analysis of the IC’s report and determine what, if any, specific area may be probed in keeping with its mandate.

The director of investigation had also recommended that his investigation report be referred to the director of corruption prosecution, Keisha Prince-Kameka, for consideration as to whether the offence of making a false statement in a statutory declaration and/or any other offence(s) have been committed.

In her ruling, Prince-Kameka said there was insufficient evidence on file to establish that the prime minister, by way of omission, made a false statement in his statutory declaration for the period ending December 31, 2021, as it relates to four BNS savings accounts. In this regard, she said no charges are to be laid.

Next week, for the first time, the five commissioners of the IC will appear before the oversight committee to field questions from lawmakers.

There are eight members of the oversight committee. They are Edmund Bartlett, chairman; Juliet Holness; Delroy Chuck; Marlene Malahoo Forte; Everald Warmington; Phillip Paulwell; Pearnel Charles Jr; and Julian Robinson.

edmond.campbell@gleanerjm.com