Integrity Commission urges persons to make disclosures responsibly

Individuals making disclosures to the Integrity Commission (IC) under the Protected Disclosures Act 2011 are encouraged to do so responsibly and in the public’s interest. Senior complaints review officer, Alecia Darby, cautioned that, “It is not about making a complaint because you have a vendetta against someone. You want to ensure that you are doing so in good faith,” she said.

Addressing a recent Jamaica Information Service (JIS) ‘think-tank’ at the agency’s head office in St Andrew, Darby said people can provide information anonymously under the Integrity Commission Act 2017.

“You don’t have to give your name. You don’t have to give any identifying information. What we do ask members of the public ... is to give us as much information to process the complaint that you have made,” she said.

Meanwhile, senior protected disclosures officer in the Commission’s Information and Complaints Division, Tanesha Fagan, said entities must establish procedures for dealing with disclosures.

She noted that under the legislation, a person who makes a disclosure must be an employee or employer within the entity of which they are making the disclosure.

Fagan advised that the disclosure could relate to conduct that is likely to result in the breakdown of justice or damage to the environment or threaten the health or safety of a person.

OBLIGATION TO SECRECYIndividuals may also make reports about conduct reflecting gross mismanagement, impropriety, or misconduct in the execution of activities involving the use of public funds.

She informed that entities must have at least one person as a designated officer responsible for receiving and investigating disclosures.

The designated officer would also have the responsibility of providing an update on the progress of the investigation, findings and recommendations to his employer, the person making the disclosure and the designated authority.

“In the first instance, [it is recommended that] the report is made to the designated officer within the entity. If it’s a case in which the report was made orally, that designated officer has to record the report in writing within 24 hours of receipt,” she said. Reports may also be emailed.

Regarding confidentiality, Fagan said that under the Protected Disclosures Act, the employer must take all reasonable steps to protect the identity of an employee who makes a disclosure and treat all statements given and information provided as secret and confidential.

“There is an obligation to secrecy and confidentiality, and if there is a breach of confidentiality, this is an offence and the person is liable for prosecution,” she added.

On January 25, 2021, by way of the Jamaica Gazette, the Integrity Commission was named the designated authority by the minister of justice to execute the functions pursuant to the Protected Disclosures Act 2011.