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Mar 28, 2017 News
By Suraj Narine
As the Government moves to amend the Integrity Commission Act and revise the Code of
Conduct for Ministers, members of the National Assembly and public office holders, the opposition remains resolute that it wants no part of the process.
The contention is the powers it will supposedly give to the President and the State Minister.
However, Prime Minister (PM) Moses Nagamootoo, during the oil and gas conference at the Marriott Hotel Kingston, Georgetown, said that the ‘furor’ which has erupted, does not put a damper on the administration’s aim to ensure that an effective governance system is crafted to shield against “back door deals and side agreements”.
The PM said that the government is “uncompromising with regards (to) the avoidance of sleaze and malfeasance in public office.”
He stated that while there will be resistance by persons who would wish not to declare their assets, “it must be done” and the government intends to “keep pushing on”.
He also spoke about the importance of the integrity law that will protect the exploitation of national resources for personal gain by those in high office.
Nagamootoo said that his responsibility for Governance involves a government structure where officials are accountable. That was one of the first moves taken.
He also spoke of the constitutional reform to make sure that even “from the top” there is no escape.
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.
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 could be perceived to have an effect on their objectivity and could 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.
General Secretary of the Opposition, Bharrat Jagdeo, during a news conference last week, said that he did receive the correspondence sent to him by the Prime Minister’s Office.
“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.”
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. He questioned 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.
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