THE Integrity Commission (IC) has described as “misguided” comments by Justice Minister Delroy Chuck who on Tuesday declared that he has advised Members of Parliament (MPs) not to divulge the salaries of their spouses or children during the course of its investigations.

Addressing a meeting of Parliament’s Integrity Commission Oversight Committee Chuck argued that such information is the personal business of the spouses or children.

“Why is the Integrity Commission asking members to indicate the salaries of their spouse or sometimes of their children? I don’t know if this is something that is appropriate, because I have advised the relevant members, let them know your spouse is not prepared to divulge their salary,” he said, adding that by doing so the MPs are not able to share the information.

“These are things that when we get back to the legislation we have to make it very clear what limits can be put in terms of investigations,” said Chuck.

But in a late-afternoon release on Wednesday the IC charged that “the parliamentarian [Chuck] was ignorant of pertinent provisions of the Integrity Commission Act”.

The IC noted that sections 39 and 40 of the Integrity Commission Act impose specific obligations that are related to the filing of statutory declarations by parliamentarians and public officials. Section 39(1) states:

“Subject to the provisions of this Act, every person who, on or after the appointed day, is a parliamentarian or public official, shall submit to the director of information and complaints, a statutory declaration of his assets and liabilities and his income in the form set out in the Third Schedule,” the IC noted.

It pointed out that the Third Schedule of the Act specifically requires information regarding the particulars of income from all sources of the declarant, spouse, and children (including perquisites such as housing, entertainment allowances, rentals, etc).

“Section 40(1) of the Integrity Commission Act 2017 further provides as follows: A statutory declaration shall include such particulars as are known to the declarant of the income, assets, and liabilities of the spouse and children, where applicable, of the declarant,” the IC further pointed out.

“Consequently, all parliamentarians and public officials, who are required to file statutory declarations, are obligated under the Act to disclose pertinent information, including spousal income details.

“It is important to emphasise that these legal obligations are universally recognised anti-corruption and good governance standards that have been written into Jamaican law by Jamaican lawmakers themselves, who passed the Integrity Commission Act in 2017. Contrary to what some commentators, including some lawmakers, have publicly suggested, they are not requirements that have been imposed by the Integrity Commission,” the IC added.

It pointed out that in a letter, dated December 10, 2024, it formally wrote to the Speaker of the House of Representatives Juliet Holness, and the president of the Senate Tom Tavares-Finson, offering parliamentarians an opportunity to participate in a virtual sensitisation session at their convenience.

The commission’s letter was also copied to the chairman of the Integrity Commission Parliament Oversight Committee Edmund Bartlett and to the clerk to the Houses of Parliament.

“The session would include a presentation on completing the Statutory Declaration Form and provide an opportunity for parliamentarians to ask questions about the examination process. This initiative was designed, in part, to support the preparation for the 2024 statutory declaration intake period, which commenced on January 2, 2025, and will end on March 31, 2025.

“Unfortunately, however, the commission, to date, has not received a response to its offer from either the House Speaker or the Senate president,” said the IC.

“Ultimately, the goal of the commission is to ensure that all declarations are completed accurately, and in full compliance with the provisions of the Integrity Commission Act,” added the IC.

In the meantime, founding head of the anti-corruption group National Integrity Action, Professor Trevor Munroe expressed concern about Chuck’s statement.

“Unless clarified, by this advice, Minister Chuck, a senior lawmaker, is inciting MPs to break the law— in particular to breach S39(1), S40 of the ICA, and the very important requirements for completing statutory declarations as set out in the Third Schedule of the ICA,” Munroe said. “Removing these requirements would weaken the law, open the door for MPs to understate their assets, and allow for statutory declarations to legally mask corruption,” he said.

Munroe added that the Government, the Opposition, the private sector, the Church, civil society, the media, and the public, should insist on withdrawal of this statement by Minister Chuck .

“The position needs to be disavowed by the Government and the minister reprimanded, if he declines to withdraw,” he added.

“Less than this, Chuck’s statement would have to be regarded as the Government’s position.”