AG says immediate tabling of IC reports not inconsistent with the law

An opinion from the Attorney General's Chambers has stated that the longstanding practice by the Parliament of immediately tabling investigative reports from the Integrity Commission (IC) was not inconsistent with the law.

House Speaker Juliet Holness tabled the attorney general's opinion on the matter on Tuesday afternoon, following months of wrangling over the issue.

Last November, she implemented a new rule, which mandates that special and annual reports of the Integrity Commission will go to its oversight committee for deliberations first and then tabled later on with the committee's own report.

However, the Attorney General (AG) Derrick McKoy says the practice of the Parliament "where the report is tabled and circulated prior to being submitted to the Integrity Commission Oversight Committee, is not inconsistent with Section 36 of the Act nor with Standing Order 73D(e)."

He also stated that the "House is expected to follow its usual procedures, and subject to legislation and the Standing Orders, the House has overarching control over those procedures."

McKoy said the reports could be tabled before or after being sent to the oversight committee, as the order is not prescribed by law.

Human rights group Jamaicans for Justice (JFJ) has welcomed the release of the opinion from the AG's Chambers.

"We are particularly welcoming here given the IC oversight committee was not meeting with any degree of frequency and it would be adverse to transparency to have reports languishing with the committee. We agree with the AG, notwithstanding the Speaker's current changed position, that the law or the Standing Order should be so amended to reflect the language of reports being tabled to the House as soon as they are submitted by IC," JFJ said.

It also said it welcomed the changed position of the Speaker regarding the tabling of the reports and that conventions of the past have returned.

Meanwhile, the JFJ pointed out that "not much clarity was provided" in the AG's opinion on the tabling of reports from the Auditor General's Department.

Last November, Holness also ruled that reports by the auditor general on public bodies had to wait for two months before being tabled.

JFJ said it "remains resolute, however, that given the constitutional authority of the [auditor general], it is not the speaker's role or authority to seek to interpret the law." 

In tabling the legal opinions, Holness said "this does not in any way set precedence for the tabling of any legal advice given to the Speaker in the future. However, as Speaker, my ultimate duty is to ensure clarity and full understanding by the people of Jamaica in public affairs."

She said despite deciding to revert to the previous convention of immediately tabling the reports, she "strongly" urged the House to "act quickly" to review the relevant legislation to remove any ambiguity in the process.

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