THE GLEANER, MONDAY, DECEMBER 9, 2024 | www.jamaica-gleaner.com | IC FEATURE C14 The nature of the foregoing partnerships include: joint and parallel investigations, information sharing, capacity building and security. We remain indebted to our stakeholders and look forward to even stronger relations for the future. SIGNIFICANT ACHIEVEMENTS- DECEMBER, 2023 TO DATE Over 70 Investigation Reports were tabled in Parliament. Over 80 matters were referred to the Director of Corruption Prosecution. Over 99 recommendations were made to, and accepted by public bodies through the Division’s sustained monitoring programme. A number of Public Bodies have effected changes to their operating procedures and polices based on recommendations made in Investigation and Monitoring Reports Increased oversight of procurement undertaken using Lesser Competitive Bidding Methodologies. Increased presence on project sites from inception through to contract administration. Through its robust enforcement programme, the division has achieved compliance rates of 99.5% and 100% in respect the submission of Annual Contract Cost Overruns and Variations (ACCOVR) and Quarterly Contracts Award (QCAR) reports, respectively from public bodies for the Financial Year 2023-2024. The Investigation Division is poised to launch its Land and Asset Divestment / Public Private Partnership and Acquisition System (LADPAS). The system was developed in-house and will systematically collect, on a biannual basis, all the Land, Asset and Private Public Partnership transactions of Public Bodies. This will allow for the application of more focused risk based monitoring. The Division, as a new thrust, has commenced focus on the monitoring of permits and licenses issued in relation to housing and commercial developments. Our focus will also review the use of said permits during the life of the development process. Monitoring Frameworks for asset divestment/acquisition, prescribed licences and government procurement contracts were implemented and are reaping significant successes. Over 95% of all complaints received over the life of the Commission were resolved up to the end of the period under review. The Implementation of an Investigation Policy and Core Investigation Doctorines. OFFENCES Offences pursuant to Section 43 of the ICA in respect of Investigations include: Generally, the Division investigates inter alia, allegations of offences under:- sections 43 of the Integrity Commission Act, (ICA); sections 14 and 15 of the Corruption Prevention Act, (CPA); and section 56 of the Public Procurement Act, (PPA). A few of the offences are listed below. ICA: • failure, without cause, to submit a statutory declaration. • failure, without cause, to provide any information requested in relation to a statutory declaration. • failure, without cause, to attend an inquiry being conducted by the Director of Investigation. • knowingly making a false statement in a statutory declaration. • knowingly giving false information at an enquiry being conducted by the Director of Investigation. CPA: • Corruptly accepting or soliciting gifts, favors, money, grants, promises and/ or advantages, in exchange for doing or failing to do an act in the performance of his/her job junction, whether directly or indirectly. • Deriving illicit benefits from for doing or failing to do an act in the performance of a public official’s job junction and/or fraudulently uses or conceals any such benefits. • Bribing or accepting a bribe for one’s own benefit. • Owning assets disproportionate to one’s lawful income. (Illicit Enrichment) • Using classified/confidential information obtained in the execution of one’s functions to enrich one’s self. PPA: • Committing or failing to commit an act with the intent of altering the outcome of a procurement proceeding. • Directly or indirectly attempts to unlawfully influence any stakeholder involved in a procurement proceeding. • Engaging in any form of fraudulent practice to avoid any requirement under the PCA. The list is not closed. RIGHTS OBLIGATIONS OF PERSONS CONCERNED WITH INVESTIGATIONS In keeping with the provisions of the ICA, a person, for the purpose of an investigation has the following rights and obligations: An obligation to assist the DI in the conduct of investigations by providing information when required to do so (section 48). An obligation not to mislead the DI. An obligation not to obstruct or otherwise hinder the DI in the conduct of investigations. The right to legal representation. The right to not self-incriminate. WHAT CAN YOU DO TO AVOID BECOMING CULPABLE? Become au afait with the relevant laws, rules and procedures which govern public administration. Request, and follow when prudent to do so, the opinion and expert advice of technocrats. Ensure that when conducting public functions there are no conflicts of interest involved and if so – declare any potential conflict of interest situation and recluse yourself (always be guided by government policy and procedures in this regard). When in doubt, request the opinion and advice of other persons/ entities which possess the required expertise such as the Office of Public Procurement Policy in the Ministry of Finance, the Public Procurement Commission and/or the Integrity Commission. Vision Realizing and sustaining a corrupt free Jamaica. Commission’s Objective: To enable an increasingly orderly and corrupt-free society through engagement, education and enforcement. Mission To achieve a corrupt-free society by preventing, detecting, investigating and prosecuting acts of corruption through high performance culture and efficient systems. Structure of the Commission The Integrity Commission operates as a beacon of transparency and accountability. At its core are dedicated professionals committed to upholding the principles of integrity and eradicating corruption from the public sector. Presently, the commission boasts an impressive team of 134 employees, each contributing their expertise to the noble cause. In response to the ever-evolving landscape of corruption, the Commission is strategically planning to increase its staff complement. This expansion aims to enhance the Commission’s capabilities, allowing it to tackle emerging challenges with increased agility and efficiency. By investing in human resources, Jamaica demonstrates its unwavering commitment to combating corruption at every level. The general structure of the Commission comprises two sections: 1. Executive Direction & Administration 2. Promotion of Integrity in the Public Service
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