CONTRACTOR General Dirk Harrison wants Jamaica to address the lack of prosecutions by the Office of the Director of Public Prosecutions (ODDP) in response to public sector corruption, highlighted since 2014 by the Organization of American States (OAS).

Using his response last week to Director of Public Prosecutions (DPP) Paula Llewellyn’s reversed opinion for former Lucea Mayor, Shernet Haughton to face criminal prosecution for allegedly granting at least $3.7 million in public contracts to her family and associates through the Hanover Parish Council, Harrison called for acknowledgement of the OAS Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) concerns about the lack of prosecutions.

Harrison quoted from the MESICIC report from its September 8-12, 2014 meeting regarding the failure of the DPP to complete the process of prosecuting people accused of corruption, which are referred by other government oversight bodies, as follows:

“As these government bodies rely exclusively upon the DPP to carry out prosecutions of corruption and corruption-related offences, their effectiveness can only go so far if prosecutions are not being carried out. The Committee observes that the country under review (Jamaica) should consider addressing the lack of prosecutions or actions undertaken by the Office of the DPP, whether it is an issue of priorities or resources.”

Harrison expressed regret that it took Llewellyn approximately eight months and the threat of a judicial review of her refusal to proceed with a criminal case against Haughton, by failing to properly inform herself about the provisions of public procurement legislation.

He noted that his office “remains committed to fulfilling his statutory obligations under the Contractor General Act and his obligations to the Parliament and people of Jamaica”.

A copy of the report from the September 2014 MESICIC meeting, available on the OAS website, showed that a significant portion focused on the examination of oversight bodies in Jamaica with the responsibility for the prevention, detection, punishment and eradication of acts of corruption.

The OAS examined the Office of the Contractor General (OCG), the Integrity Commission, the Commission for the Prevention of Corruption (CPC)and the Auditor General’s Department. The progress made by Jamaica in relation to the recommendations of the first round of the MESICIC was also reviewed.

The report was compiled from information gathered by the organisation’s Technical Secretariat and, as a new and important source of information, an on-site visit to Jamaica conducted April 1 – 3, 2014. The visit was carried out by a team comprising representatives fromEl Salvador and Grenada, as well as members of the MESICIC Technical Secretariat.

During the visit, the review team met with representatives of government institutions, as well as civil society organisations, the private sector, professional associations, academics, and researchers.

Recommendations formulated to Jamaica for its consideration in connection with the oversight bodies included that they be, generally, provided with “the proper resources needed for the proper performance of their functions”.

In order to strengthen the work of the OCG, the Integrity Commission and the Commission for the Prevention of Corruption, Jamaica was urged to address the lack of prosecutions by the ODPP. It called on the government to provide the OCG with “the power and authority to halt or regularise a contract or licence award that exhibits signs of corruption, irregularity or impropriety; and update the sanctions in place for breaches of the Contractor General Act”.

Regarding the Integrity Commission, it suggested that Jamaica consider establishing a website for that oversight body; establish and implement an awareness building programme to inform individuals on the manner they may submit complaints, respecting alleged acts of corruption carried out by parliamentarians; and consider providing the oversight body with the ability to impose administrative sanctions for the late or non-filing of a declaration by parliamentarians.

Pertaining to the Commission for the Prevention of Corruption, the report suggested that Jamaica consider adopting a timetable for the implementation of the Commission for the Prevention of Corruption, as the designated authority under the Protected Disclosures Act, 2011; implement an electronic system for the submission of declarations by public servants; and implement a register of declared interests, in order to help identify potential conflicts of interest between a public servant’s private interests and his or her public duty.

With respect to the Auditor General’s Department, it suggested that Jamaica consider concluding the approval process by the Ministry of Finance and Planning and the Cabinet regarding the proposed new organisational structure for that oversight body; and, consider amending the Financial Administration and Audit Act, to eliminate the three-year statute of limitation for the recovery of a surcharge; and allow the auditor general to report to the Office of the Contractor General any procurement breaches it discovers when carrying out an audit.

The OAS team credited Jamaica with the adoption of the Judicial Guidelines of 2012 as well as the enactment of the Financial Management Regulations, 2011, in response to recommendations from its first round meeting, but noted that there were several recommendations that were ignored including: encouraging the implementation of a code of ethics for senators and members of the House of Representatives, including mechanisms for violations; developing provisions that limit participation by former public servants in situations that could involve taking undue advantage of one’s status as a former public servant, for an appropriate period of time; establishing reporting obligations for those public officials and employees who are currently not required to report to appropriate authorities acts of corruption in the performance of public functions, of which they are aware; and making public, on the Access to Information Unit website, its annual and quarterly reports.