Draft Code of Conduct in limbo over opposition concerns

Mar 24, 2017 News

The draft Code of Conduct for Ministers of Government, Members of the National Assembly

PPP/C General Secretary, Bharrat Jagdeo

and Public Office Holders, is now in limbo following concerns raised by the Main Parliamentary Opposition – the People’s Progressive Party/Civic (PPP/C).

The Party’s concerns were conveyed by the PPP/C’s General Secretary, Bharrat Jagdeo, during a Press Conference that was hosted at Freedom House – the party’s Headquarters in Robb Street, Georgetown, yesterday.

Jagdeo would have raised his party’s concerns hours after the Post-Cabinet Press Briefings was held at the Ministry of the Presidency, Shiv Chanderpaul Drive Georgetown, where the State Minister, Joseph Harmon, commented on the Code of Conduct.

Harmon said that the code has been circulated and the Office of the Prime Minister is now awaiting comments from recipients of the document.

“It was sent to the Leader of the Opposition and Civil organisations for their comment and as of this morning (Thursday), we have not received formal comments from any of these bodies.” Harmon said.

These comments are expected to be forwarded to the Office of the Prime Minister.

The Code of Conduct was one of the promises made by the Coalition during their May 2015 elections campaign – which they won.

Six months after getting into Office, the Coalition Administration released its draft Code of Conduct for Ministers, Members of Parliament (MPs) and other public officials, warning against excessive gambling and accepting big gifts, especially from suppliers who do business with the government.

According to the document, ministers by virtue of the oath or affirmation of allegiance taken when they are elected, have a duty to be faithful and to bear true allegiance to the Cooperative Republic of Guyana, according to law.

State Minister, Joseph Harmon

Moreover, the code addresses one of the sore issues of officials accepting gifts, noting that the acceptance of gifts and other forms of reward worth more than $10,000 by ministers, MPs and public office holders in their official capacity, shall be reported to the Integrity Commission.

Ministers, MPs and public office holders should consider declining such gratuities if the acceptance of same could be perceived to have an effect on their objectivity and lead to complaints of bias or impropriety, initial reports on the Code have revealed.

The draft Code is to be incorporated into the Integrity Commission Bill which provides for the declaration of assets and gifts by Government Ministers, Members of Parliament, Permanent Secretaries and other senior public officials.

Opposition concerns

Jagdeo during his news conference, acknowledged receipt of the correspondence sent to him by the Prime Minister’s Office. He spoke about a request by the Prime Minister to have the Integrity Commission Act amended.

“The Prime Minister wrote me seeking to have the Integrity Commission Law amended with the purpose of not strengthening the accountability provisions and the declarations of assets – so you can track politicians and public officials’ assets – but to undermine it by including now, giving the President Executive authority to go after people; to discipline people.

“So he now has authority under the Integrity Commission Act that he never had.” Jagdeo said.

He argued that in the past, the President only had a relationship where the Commission reported to him and his report was made public.

Jagdeo noted, also, that the Minister of State will now have executive authority under the Integrity Commission Act.

Under Article 12 Breach of Code (1), “The Authority for ensuring the observance of the provisions of this code shall rest with the President in the case of Vice-Presidents or Ministers, and the Minister of State in the case of the other persons in public life.”

Jagdeo zeroed in on this clause and postulated that all Ministers are subject to this provision and question who will “discipline the President when he violates the provisions of the Act.”

Further, Article 12 Breach of Code (2) states: “A person in public life may be removed from office when he or she contravenes any of the provisions in this code.”

Jagdeo is arguing that the Minister of State will have the power to remove an MP if the amendments should be made. However, there are laws that would protect the Member of Parliament from any abuse of power.

From all indications, it appears as if the Prime Minister’s Office will not be getting a response from the Opposition. He argued also that his party was not consulted during the initial stages of drafting the document.

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