Petroleum Commission Bill prescribes imprisonment for sharing of info

Nov 22, 2017 News

By Abena Rockcliffe-Campbell

The administration’s veneer of transparency and accountability is beginning to crack. While several ministers continue to pledge Government’s support to transparency and the elimination of corruption, legislation is being formulated that screams a different agenda.
It is not only the administration’s rhetoric that contradicts its Bills; there are also Bills that contradict other Bills.
The Petroleum Commission Bill is one such Bill that contradicts another piece of legislation taken to the National Assembly by this Government.
The Petroleum Amendment Bill was laid in the parliament since May in the name of Minister of Natural Resources, Raphael Trotman, but it is yet to make its way onto the Order Paper.
The commission is to operate sub-rosa as the Bill demands absolute confidentiality from anyone working with the commission. In fact, persons are bound to secrecy even after they leave the job for a period of 10 years.
These stipulations are made under the “Duty not to disclose information” clause.
The Bill says, “Subject to this Act and any other applicable law, a person who is a member of the Board or officer or member of staff of the Commission shall not disclose any information, which he may have obtained in the course of his employment.”
Further, the Bill states, “A person who ceases to be a member of the Board or officer or a member of staff of the Commission shall not disclose any information, which he may have obtained in the course of his employment for a period of ten years, and shall not be employed by, work for or be contracted by any operator under regulation for a period of two years.”
The Bill said that a person who leaks information is guilty of committing an offence and is liable on summary conviction to a fine of $5M and to imprisonment for three years.

TIGI President, Dr. Troy Thomas

Minister of Natural Resources, Raphael Trotman

On the other hand, Attorney General and Minister of Legal Affairs, Basil Williams, on Friday last, laid two crucial Bills in the National Assembly: The Protected Disclosures Bill and the Witness Protection Bill.
Williams explained that the Protected Disclosures Bill 2017, sometimes referred to as the ‘Whistleblowers Bill’, marks another step by the Government towards full compliance with the Inter-American Convention against Corruption (1996).
He said that the Bill would assist in combating corruption and other wrongdoings. He said, too, that the Bill seeks to protect persons making those disclosures from detrimental action and to establish the Protected Disclosures Commission to receive, investigate or otherwise deal with disclosures of improper conduct and for other connected matters.
Turning his attention to the Witness Protection Bill, Williams said that it seeks to introduce legislation for the establishment of a Programme for the protection of certain witnesses and other persons.
President of Transparency Guyana Incorporated (TIGI), Dr. Troy Thomas, said that the government’s inclusion of a “Duty not to disclose information” clause in the proposed act is ominous.
He said, “It tells me that there is really no commitment to transparency as it relates to the oil industry. Why should such a bill state that people can be jailed for releasing information?”
Dr. Thomas questioned, “Why didn’t they say that persons can release information on corruption?”
Dr. Thomas said that overall, legislations in Guyana are seemingly designed to give pelicans “enough room to maneuver. In this way, they do not ultimately have to be accountable, and you are seeing this as a common thread throughout the various Acts.”
Dr. Thomas said that he finds it odd that politicians do not want to be held accountable, “but they can hold me accountable for finding information and releasing it.”

1 thoughts on “Petroleum Commission Bill prescribes imprisonment for sharing of info”

Kassem_B November 22, 2017 at 5:42 am

‘The Bill said that a person who leaks information is guilty of committing an offence and is liable on summary conviction to a fine of $5M and to imprisonment for three years.’
This is unacceptable and need better clarification/definition.
Example
If you are engaged at a senior level at the commission and from time to time give lectures at say UG on the operation of Commission and whether it is working according to plan, you may know of abuse and may want to provide hint to students of where the Commission can improve.
Are you saying that discussing and raising his issue can land you in trouble especially:
If you are not from Ruling Party at that time?
If the issue is pointing the finger at the Minister in Charge of Oil & Gas?