Lead Editor Investigations
asha.javeed@guardian.co.tt
The Integrity Commission (IC) found itself in a political vortex last week with both Prime Minster Dr Keith Rowley and the United National Congress (UNC) having separate issues following the institution’s decision to terminate an investigation into Rowley.
Rowley said the IC lacked integrity and its statement paved the way for allegations to be made about his character. Meanwhile, the UNC called on all members: Professor Rajendra Ramlogan—chairman, Frederick Gilkes-deputy chairman and Eleanor Bridgeman-Volney, Sandra Honoré and Lyndon Brent James to resign.
Ramlogan is undisturbed by the maelstrom save for the IC’s scheduled vacation cut short by the events of last week. In an interview with the Sunday Guardian, he said the 17th iteration of the IC which he chairs understands there will be ongoing public scrutiny of its actions.
“Indeed, institutions such as the Commission should be expected to account for its decisions,” he said.
Ramlogan said he is “very satisfied” with the pace of the work of the Integrity Commission yet there were and are challenges with running the institution and being independent.
In 2015, the budget allocated to the IC was $20 million. By fiscal 2021, that was reduced to $8.6 million. Ramlogan said 17th IC has received the lowest financial allocations since 2010.
Ramlogan, who assumed office in January 2021, was appointed by former President Paula-Mae Weekes. His immediate concern was the delineation of IC’s core functions being that of compliance and investigation of complaints rather than administration.
“It did not include the administrative process. Therefore, the Commission found itself in the unenviable position where administrative decisions were being deferred to public officials such as the Permanent Secretary in the Office of the Prime Minister and Head of the Public Service and the Chief Personnel Officer. The Commission was bewildered by this position in light of the clear dictate of the IPLA and the fact that some of these officers were persons in public life and subject to the jurisdiction of the Commission,” he said.
He said the Commission sought to obtain the views of the very persons referenced as ultimate authorities over the administration of the Commission.
“The Permanent Secretary in the Office of the Prime Minister and Head of the Public Service met with the Commission and the Registrar (Ag) and clearly explained that he was not an approving authority but merely a conduit for passing documents, where necessary, to Cabinet. The Chief Personnel Officer met with the Commission and the Registrar (Ag) and indicated that he had no authority over the Commission but provided guidance on the terms and conditions of employment to ensure consistency with the practices of the Public Service.
He said the IC wrote to the Solicitor General to interpret some of its concerns and was advised by opinion dated September 29, 2021, that the IC is s an independent entity.
But the challenge “to be independent and autonomous was significant as 2021 progressed” he told the Sunday Guardian.
Ramlogan recalled that despite the clear position of the law, senior officers of the Commission “ refused to carry out several unanimous decisions of the Commission or took independent decisions without seeking guidance from the Commission.”
“The consequence of the challenges faced by the Commission by the actions of senior officers was the unanimous decision of the Commission to file 25 disciplinary charges against one such officer at the Public Service Commission,” he said.
He said the IC’s organisation structure was filled with administrative positions and insufficient human resources to execute the core duties of the Commission. Administration staff accounted for 63 per cent of the commission, compliance about 20 per cent and investigation about 17 per cent.
“These are stark numbers that perhaps can explain the public perception of the failure of the Commission to carry out its statutory mandate. At the end of 2021, the administration accounted for 33 per cent of the staff, investigations 27 per cent, and compliance 40 per cent,” he said.
The IC said there was a drastic increase in declaration filings before the May 31 deadline. It noted that by May 31, 843 declarations were filed during the period from January 31, 2022. For the comparative period before—January, 31, 2020 to May 2021 —only 268 declarations were filed.
For 2022, there has been an increase by 138 per cent.
In January 2021, the IC implemented a special project to clear the backlog for the period of 2014, extending to 2021.
“Within the last two years, the Commission has filed ex parte applications with respect to 3,211 declarations of Income, Assets and Liabilities and Statements of Registrable Interests. This involved ex parte applications covering 1,544 persons in public life. To date, court orders have been granted with respect to 1,930) Declarations of Income, Assets and Liabilities and Statements of Registrable UInterests for the period 2014-2021,” Ramlogan said.
He said August 11 marked the final filing of ex parte applications covering the period of 2014 to 2021 and has now cleared the backlog. He noted that subsequent to the filing of declarations, they have to be examined by a compliance officer.
“The sad reality is that many persons in public life have complied with their statutory obligation to file their Declarations of Income, Assets and Liabilities and Statements of Registrable Interests, some going back to 2008 which have just been filed away at the Commission and never examined,” he said.
He said people in public life have been denied the opportunity to understand where there may be deficiencies in their files subsequent to filing.
“If a person in public life has been filing their declarations and statements for over a decade and never receiving any feedback this can lead to a perception that all is well. The Commission understands the frustration that people in public life may feel at receiving queries on filed declarations and statements filed many years ago. This is regrettable, but it is an inherited situation that cannot be avoided. We are speaking about over 1600 filed declarations and statements sitting in a vault with no meaningful assessment being conducted. As at the end of July 2023, we have broken the back of that backlog,” he said.
Ramlogan said he received a list of 16 active investigations after he became chairman. This list included events dating back to 2013.
Out of the 16 cases received, one matter has been referred to the DPP.
“These old files going almost back to a decade are very challenging to unravel, and in many instances, we have had to re-commence the entire investigation,” he said.
He said the Commission has implemented a system to deal with complaints it has received post-January 2021.
“Now there is a requirement of a preliminary assessment to determine personal and subject matter jurisdiction. After that is completed, the investigation is launched. The complainant is provided with a tracking number and can log in online and view the progress of the investigations. The facility is also provided for the complainant to contact the Commission formally if there are concerns with the status of the investigations. So, for example, for the post 2021, the Commission has received 22 complaints and has resolved 18, with one matter being referred to the DPP. This illustrates the efficiency of the new system. Further, reasons must be given for terminating an investigation, and the complainant has the right to review that decision judicially,” he said.
Ramlogan said an audit of the Investigations Unit conducted at the end of 2021 revealed the presence of around 95 investigations that appeared to be incomplete— without minutes indicating closure or any evidence in the files that the investigations were completed.
“These files date back to 2005. The Commission did find in some instances evidence of closure but was still left with around 70 files to examine. There is no provision in the IPLA to close them because of the effluxion of time. As of July 31, 2023, the Commission has successfully reduced the number of cold cases to just over 50 with two referrals to the DPP,” he said.
He said the IC has submitted more 30 matters to the Office of the DPP for the prosecution of persons who failed to comply with ex parte orders to file their declarations.
“We have also submitted three completed investigations to the DPP for consideration but have not yet received any response. It must be noted that with the limitations in investigative powers and the absence of sanctions for breach of the Code of Conduct, there is very limited ability to be impactful in this area,” he said.
Ramlogan said adjustments are necessary for the IC be effective.
As it is, there are no sanctions for breach of code of conduct, limited investigative powers and no independent prosecutorial power.
“A Commission whose strongest weapon against the lack of integrity in public life is a Code of Conduct that is devoid of sanctions is correctly described as toothless. It follows that if the law is disregarded and no sanctions are applied, then the law loses its stature and cannot be considered law,” he said.
The issue of gifts, he said, has become a major governance issue.
“Gifts or personal benefits that are received as an incident of the protocol or social obligations that normally accompany the responsibilities of office may be accepted with an obligation to report same to the Commission when the value exceeds $5,000. Information on such gifts is lodged in the Register of Interests which is open to public viewing.
“The burning issue is whether all gifts that are not connected directly or indirectly with the performance of the duties of a person in public office or exercising a public function ought to be disclosed and lodged in the Register of Interests. There can be a dollar limit for registering a gift based on the same amount applicable to gifts that are an incident of the protocol or social obligations that accompany the responsibilities of an office. The reason for the registering gifts that are not connected directly or indirectly with the performance of the duties of a person in public office or exercising a public function is based in the potential of a conflict of interest that may arise in future dealings between the gift bearer and the gift receiver. This is clearly an area for legislative consideration,” he said.
He noted that apart from legislative changes there are administrative challenges that ought to be addressed to make the Commission more impactful.
“A Commission that is starved for funds, can only do so much. When complaints are made against persons in public life and persons exercising public functions and the Commission is confronted by a plethora of senior counsels but is without a budget to seek similar expertise, it becomes an enduring battle,” he said.