Editor’s Note – The following is an edited version of the recent presentation (July 28, 2015) by Contractor General Dirk Harrison to the Kiwanis Club of Kingston.

I would like to first speak on the role of the office “of two years later” in a manner of speaking, since I assumed office. Then I would like to speak to the future and the way forward in respect to the Single Anti-Corruption Agency. And in between I shall share my views on the challenges and development for the same period.

Standing here today, I cannot help but think back to two years ago before I was appointed. Not only was I gearing up to be the Contractor general, but I was getting ready to tackle the biggest, most ambitious commitment, by far, that I had ever made: to continue the fight to tackle the scourge of corruption and its perception in Jamaica.

Importantly, I am not a politician and never will I be one, nor am I striving to achieve popularity. Frankly, if I wanted to be popular I would have entered a Mr Jamaica Body Building Contest. Without reservation, the comments and recommendations attributed to the office through our published reports and commentary are unpopular in some quarters because the opinions threaten business ties, bad habits, personal agendas and egos, and in particular, alleged corrupt networks. But we as a country and the OCG

must be interested in building the anti-corruption infrastructure and, importantly, not watering it down or weakening. Further we must not just create day-to-day and issue-by-issue fixes (i.e.) we must strive towards creating an anti-corruption infrastructure that will result in long-term fixes rather than thinking of short-term gains with long term loss implications. Invariably, this means and requires an environment where policies and measures can take shape with the positive input of the various stakeholders in the fight against corruption.

The OCG advances the view that reducing corruption and improving governance and public service delivery are important for growth and sustainable development. Corruption, therefore, is no secret, a phenomenon which is difficult to tackle, and at the same time a problem we cannot afford to ignore.

Fighting corruption cannot work without all hands on board. A successful fight against corruption must come from not just the top, but must come from all of us, man, woman and child. That is, a TOP-Down approach.

The battle for justice against corruption is never simple. It exacts a toll on ourselves, our families, our friends, and especially our children. Public resources diverted to the pockets of corrupt individuals from needed investments in transport, energy, health, education, and any part of the public sector should not be tolerated.

Some progress has undoubtedly been made, but we have also seen a number of missed opportunities.

Personally, right from the start, I’d like to make it clear why fighting corruption is a critical priority for me and for the OCG. We will never tolerate corruption, and I pledge to do all in our power to build upon our strong fight against it.

While all stages of the procurement process require close monitoring, the three areas of concern in procurement are: (i) Time and Cost Overruns

(ii) Sub-Contracting

(iii)Emergency Contracting.

These three areas, along with the pre-contract stage of the procurement process are areas where we should pay close attention to in the future.

The anti-corruption work of the OCG focuses on prevention, oversight, investigation, and deterrence through strengthened due diligence, partnerships, awareness raising, and greater outreach in the past two years.

By way of comment, I note that recently a Joint Select Committee of Parliament debating the single anti- corruption agency legislation by a majority resolution suggested the removal of our pre-contract monitoring powers, that is, the OCG. These powers which the court of our lands confirmed existed in a 1989 judgement of the Supreme Court of Jamaica. It is interesting to say the least, that a power that has existed for the last 25 years is being removed to facilitate investment.

This approach is being taken will ultimately have the effect of watering down or weakening the OCG’s role in ensuring that the Government procurement process is free from irregularities, impropriety or conflict of interest, to name a few, is a cause for concern and microscopic examination by all stakeholders.

It is humbly submitted that any such move to water down or weaken will have the resultant effect of failing to guarantee international best practices or achieved and practiced.

I must categorically state that the view of the OCG is that the monitoring of all stages of any contract ought to be a mandatory requirement and ought not to be removed from the proposed legislation.

Proposed sections of the Integrity Commission Bill (2014), in its present form and model, will only have the effect of weakening rather than strengthening the power of the Anti-corruption Agency for the OCG to enjoy watered-down powers. This, ladies and gentlemen, will not make the bill effectively deter corruption.

The legal and institutional frameworks against corruption should be strengthened, and efforts to reduce red tape and streamline bureaucratic procedures are also essential. The OCG is in favour of every amendment that will fight corruption. The Bill now before the Parliament, on the face of it, has the resemblance of being a Bill against corruption; but we ought to consider how we can make this Bill become the opportunity to make the Commission an institution that can truly fight corruption in Jamaica. If we truly want to fight corruption, we need institutions that have the ‘teeth’ to do so. I hope that the Bill in its final form, when passed into law, will create history.

Investment in any country is integral and a necessity. The expectation is that with investment, the spin-offs of benefits for our local economy have to be a significant over-riding factor as one engages an investor. Having said that, I find it most curious that as at today’s date, even with the soft opening of Moon Palace Hotel in Ocho Rios (formerly Sunset Beach Resorts), some questions remain to be answered. I pause here to say that on the March 7 2015, when I spoke at the banquet of the Incorporated Master Builders’ Association, I called for the institution of a provision in our rules to start subjecting developers to be banned, suspended or be subjected

to heavily regulated restrictions, with the effect of having a punitive effect in relation to the practices in the labour market.

I now renew that call and also recommend a provision in our anti-corruption laws which imposes administrative and criminal sanctions for developers who allegedly violate our labour laws. But more importantly, I advocate a provision in our anti-corruption laws/infrastructure, which would include a provision criminalising perceived corruption in the private sector. The questions which remain unanswered when one contemplates the word “investment”, and the reciprocal benefits which should enure a local economy are the following.

1. Since there has been a soft opening of the hotel representing a milestone for the developer on one hand, and on the other, why is it that local contractors remain unpaid and in some instances it is alleged underpaid?

2. Why is it alleged that workers on the site have been so woefully underpaid?

3. Why is it that international best practices are not being adhered to as it relates to quantifying work done, goods delivered and services provided?

4. Why is it that local contractors have been relegated to second-class citizens in their own country on this site? How come. Why?

5. Finally, one wonders whether the reason why most of these contractors do not take these developers to court? Is it based on the fact that they realise that a court date will be far on the horizon, or do contractors not want to rock the boat which would guarantee payment to be made to them for work or otherwise alternatively be labelled as perceived troublemakers? It would not surprise me.

I reiterate the call for us as a country to scrutinise developers and, where necessary, impose trade bans restricting them and their alternate companies from doing business in Jamaica.

We cannot continue in the name of investment to forsake the rights of the Jamaican worker to be paid for work done, neither should we allow fundamental rights to be violated of any person.

Let us continue to redouble our efforts and to forge ahead with this most important of fights – the fight against corruption. Let us commit ourselves to truth and probity in public life. We owe it to the people of Jamaica.

Thank you.