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News
Balford Henry | Observer Writer  
January 3, 2013

Gov’t may speed up single agency to replace OCG

THE Government could step up efforts to create a single anti-corruption commission this year, following its latest confrontation with the Office of the Contractor General (OCG).

Minister of transport, works and housing, Dr Omar Davies, yesterday referred to the proposed creation of the single agency in a radio interview, in response to a proposal from Opposition Leader Andrew Holness for the Government to withdraw its court action against the OCG and introduce legislation redefining the OCG’s powers.

Last March, Justice Minister Senator Mark Golding had indicated the Government’s intention to study proposals for a single Anti-Corruption Commission (ACC). Since then, the Government has named a committee, headed by Justice Karl Harrison, and including Shirley Miller, Professor Trevor Munroe and Maurice Bailey, to consult with relevant stakeholders in formulating a report on the optimal design for institutional and legislative anti-corruption arrangements.

The proposal seemed to have won the support of former Contractor General Greg Christie who, in response to a request from the committee for his co-operation in June last year, not only welcomed it but pointed out that it was first formally advanced by him in March 2010.

Christie had suggested that at minimum, the commission should merge the functions of the Parliamentary Integrity Commission, the Corruption Prevention Commission and the OCG. He also proposed that the commission be vested full criminal investigation, arrest, detention, and prosecutorial jurisdictional powers in respect of all corruption-related matters.

He itemised some 26 remedial recommendations which, he said, he had formally submitted during his tenure as contractor general to the executive and legislative arms of the state, “but in respect of which little or no satisfactory actions have yet been taken”.

“It is my considered and respectful view that any reform of the current legislative regime, which involves the commission of the contractor general, inclusive of the proposed ACC, should also address the referenced recommendations,” Christie said.

However, the Government did not formally respond yesterday to Wednesday’s announcement by the OCG that it had asked the director of public prosecutions to pursue criminal charges against members of the Cabinet, for failing to comply with the OCG’s “lawful statutory requisitions” relating to its investigations into and its monitoring of at least four major projects being pursued by the Government.

Yesterday, Information Minister Senator Sandrea Falconer, who is currently off the island, referred the Jamaica Observer to Attorney General Patrick Atkinson, but he said that he had no instructions from the Cabinet to address the issue publicly. However, both ministers indicated that the matter should be addressed at Monday’s meeting of the Cabinet, after which a response is expected.

But Holness, in his statement, said that the Opposition was concerned at the deteriorating relationship between the Government and the OCG. He said that the situation was untenable “and leading to extreme positions without any sign of a resolution and undermines the integrity of our anti-corruption system”.

“It is untidy and reflects poorly on us internationally for the Government to ask the courts to limit the powers of scrutiny of its own anti-corruption agency,” the opposition leader said.

He called on the Government to withdraw its actions in the courts against the OCG, and take to Parliament the legislation it sees fit to redefine the powers of the OCG. He also urged the Cabinet to collaborate with the Opposition in creating a policy on strategic investment and development.

“We believe that this will bring a final resolution to the current impasse and re-establish the integrity of our anti-corruption system for the benefit of the people of Jamaica,” Holness said.

Generation 2000, the young professionals arm of the Opposition Jamaica Labour Party, also issued a statement congratulating the OCG “on its bold and courageous move”.

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