Gov’t lawmakers want IC ordered to certify PM’s statutory declarations
Published:Wednesday | September 25, 2024 | 12:11 AMEdmond Campbell/Senior Parliamentary Reporter
Justice Minister Delroy Chuck wants the Integrity Commission (IC) to be directed to certify the statutory declarations of Prime Minister Andrew Holness.
His comments follow last week’s tabling of a special IC report after a monthslong illicit enrichment probe surrounding Prime Minister Andrew Holness following the submission of his 2021 statutory declaration.
“It is about time that this report be the final report and the IC should be mandated to certify the prime minister’s declaration, forthwith, because it has found nothing that could in any way suggest that there is any wrongdoing,” Chuck declared during a meeting of the Integrity Commission Oversight Committee (ICOC) at Gordon House on Tuesday.
He argued that the report contains material that can only cause “nothing but speculation”.
Chuck received support from fellow committee member Pearnel Charles Jr, who is the labour and social security minister.
Charles Jr, who is an attorney-at-law, supported Chuck’s call, suggesting that the prime minister explore the “issue of Mandamus” to compel the IC to certify his declaration following the ruling.
“I hope that the declarant will move to protect the country and our reputation and the credibility of this institution by taking the necessary action,” Charles said.
Mandamus is a legal jargon describing a writ issued by a superior court commanding the performance of a specified official act or duty.
Responding after the report was tabled last week, Holness noted the need for urgent revisions to the laws governing the commission to enhance its credibility and prevent politicisation.
Chuck and Charles were speaking on Tuesday after government lawmakers on the ICOC voted against a motion moved by opposition member Julian Robinson, which sought the ICOC’s support to refer the investigation report to the Financial Investigations Division (FID) for review.
Edmund Bartlett, chairman of the ICOC, explained that the motion was rejected as it was deemed an “abuse of process” and redundant, since the FID already had the necessary documents from the IC.
“Therefore, the motion advanced by member Robinson proposed to seek to achieve that which has already transpired,” he added.
In the report, Kevon Stephenson, the director of investigation at the IC, said that there was sufficient basis to refer three companies linked to Holness for a review of their nil tax returns and any potential financial impropriety.
Chuck argued that while the report outlined a potential conflict of interest, it ultimately concluded there was none.
“It has gone into this thesis of illicit enrichment and has found no evidence of illicit enrichment, save and except, there is in the overall asset of the declarant $201 million, it cannot account for $1.9 million,” he said.
Chuck questioned if the IC’s report was an interim or full report. However, he then contended that the IC’s report into the statutory declaration of the prime minister was a final report.
The justice minister emphasised that the IC has a memorandum of understanding with the FID and could have requested necessary information to finalise its investigation.
In previous meetings of the ICOC, Chuck expressed frustration over the ongoing inquiries into illicit enrichment among parliamentarians, asking for clearer communication from the IC.
On May 2, 2024, Chuck said: “Everybody ask me on the street, ‘Are you one of the six?’ It is not fair, Chairman. They need to clear this thing up.”
In its 2023 annual report, the IC noted that eight parliamentarians were now under probe for illicit enrichment.
The five commissioners of the IC and its directors have been invited to appear before the ICOC on October 3, 2024.