PARLIAMENT (INTEGRITY OF MEMBEU)

THE PARLIAMENT (INTEGRITY OF
MEMBERS) ACT

ARRANGEMENT OF SECTlONS

1. Short title.
2. Interpretation.
3. Establishment of Commission.
4. Duty of Parliamentarian to furnish statutory declaration to

5. Functions and powers of the Commission.
6. Duty as to secrecy and to make declaration.
7. Commission may require further information and conduct

8. Issue of summons.
9. Witnesses may be examined on mth.

10. Duty and privileges of witnesses.
1 1 . Protection of disclosures to the Commission.
12. Commission to make report.
13. Protection of persons where information published pursuant to

section 12.
14. Regulations.
15. ofhces.
16. [Repeded by Act I of ZOO/.]
17. Expenses incurred in preparation of statutory declarations, etc., tax

Commission.

enquiries.

deductible.

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SCHEDULES

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PARIJAMENT (INTEGRITY OF MFMBERS)

Acts
THE PARLIAMENT (INTEGRITY OF MEMBERS) 33 of 1973,

ACT 19 of 1985, 1 of 2001,
33 of 2004.

[26th .July, 1973.1

1. This Act may be cited as the Parliament (Integrity of Shorttitle.
Members) Act.

2. In this Act, unless the context otherwise requires- Interpreta-
tion.

"assets and liabilities" include as assets any property
whether in or outside of Jamaica and as liabilities any
obligations to pay money whether in or outside of
Jamaica;

"Chairman" means the Chairman of the Commission;

"child' includes a step-child or a child who has been
adopted under the Children (Adoption o f ) Act;

"the Commission" means the Integrity Commission
established under section 3;

"functions" includes duties and powers;

"member" means member of the Commission appointed in
accordance with the provisions of the First Schedule; ~ h d

Schedule

"Parliamentarians" mean$.. Members of the House of
Representatives and Senators;

"Secretary" means the Secretary of the Commission;

"statutory declaration" means a statutory declaration made
by a Parliamentarian pursuant to section 4.

3.-(1) There shall be established for the purposes of this Establish-
Act, a body to be known as the Integrity Commission. ment of Commis-

sion.

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4 PARLIAMENT (INTEGRITY OF MMBERSJ

First (2) The provisions of the First Schedule shall have effect
Schedule. as the constitution of the Commission and otherwise in relation

thereto.

DUQ of 4.-(1) Every person who is or was at any time after the 26th
Parliamenta-
rian to furnish July, 1973, a Parliamentarian shall fbrnish to the Commission, a
statutory statutory declaration, subject to subsection (2), of his assets and
declaration to

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Commission. liabilities, and his income in the form set out as Form A in the
Second Second Schedule, at such times as may be required by or
Schedule. pursuant to this Act.

(2) A declaration pursuant to subsection (1) shall include
such particulars as are known to the declarant of the assets,
liabilities and income of the spouse and children of the
declarant :

Provided that-

(a) if the spouse was not living with the declarant at any
time during the period in relation to which the
declaration is made; or

(b) if a child of a declarant has attained the age of 21 years
and was not living with the declarant at any time during
the period in relation to which the declaration is made,

the particulars required to be fbrnished by this subsection shall
be limited to assets held by the spouse or child (as the case may
be) in trust for, or as agent of, the declarant; so, however, that *

nothing in this subsection shall be construed as precluding the
Commission from requiring from a declarant any additional
particulars the Commission may think fit.

(3) A statutory declaration pursuant to. subsection (1)
shall be fbrnished-

(a) in the case of a person who is a Parliamentarian on the
26th July, 1973, within three months of such date; and

(b) in the case of a person elected or appointed, as
the case may be, a Parliamentarian at any time

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PARLIAMENT (INTEGRITY OF MEMBERS)

after the 26th July, 1973, within three months from the
date of such election or appointment, as the case may be,

and thereafter on the 31st day of December in each year during
any part of which he remains a Parliamentarian and at the end of
twelve montbs from the date on which he ceases to be a
Parliamentarian, so, however, that a declaration required to be
made on the 3 1 st day of December in any year shall be deemed
to comply with the requirements of this subsection if it is made
on or before the 3 1 st March next following that date.

subsection (3) (b) shall include particulars of the assets, s 3
liabilities and income of the Parliamentarian as at the date of his
election or appointment, as the case may be.

(4) A statutory declaration finished pursuant to
subsection (1) may be accompanied by a statement of affairs
certified by a registered public accountant if the declarant so desires.

(3A) The first declaration furnished pursuant to ,lzoo,

5 . 4 1 ) The functions of the Commission shall be- Functions
(a) to receive and keep on record statutory declarations ELrsof
(b ) to examine such statutory declarations, and to request

from a Parliamentarian any information relevant to a
statutory declaration made by him, which in their
opinion would assist them in their examination;

(c) to make such independent enquires and investigations
relating to a statutory declaration as they think

furnished by Parliamentarians pursuant to this Act; the

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necessary;
(4 to receive and investigate any complaint against a IROOI

Parliamentarian regarding an act of comption within S. 4.
the meaning of section 14 of the Corruption Prevention
Act.

(2) The Commission shall have power to summon
witnesses, require the production of documents and to do all
such things as it considers necessary or expedient for the
purpose of carrying out its functions.

section 13 every member and every other person having official
duty under this Act, or being employed in the d s i m -

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6 - 4 1 ) Subject to the provisions of subsection (3) and of D U ~ ~ = I O

tion.

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Commis-
sion may
require
hnher in-
formation
and conduct
enquiries

administration of this Act, shall regard and deal with all
information, declarations, letters and other documents, and all
other matters relating to a statutory declaration, as secret and
confidential, and shall make and subscribe a declaration to that
effect before a Justice of the Peace.

(2) Every person required under subsection (1) to deal
with the matters specified therein as secret and confidential who
at any time communicates or attempts to communicate such
information or anythmg contained in such declarations, letters,
or other documents to any person-

(a) other than a person to whom he is authorized under
this Act to communicate it; or

(6) otherwise than for the purposes of this Act,
shall be guilty of an offence and be liable on summary
conviction thereof in a Resident Magistrate's Court to a fine not
exceeding five hundred thousand dollars or to imprisonment for
a term not exceeding three years or to both such fme and
imprisonment.

(3) [Deletedby Acr 1/2OOI.]
(4) [DeZefed by Acr 1/2001.]
(5 ) No obligation as to secrecy imposed on persons under

this Act, or under any statute or otherwise on persons employed
in relation to income tax, shall prevent information obtained
pursuant to this Act fiorn being disclosed to the Commissioner
of Income Tax by or under the authority of the Commission, or
information obtained in connection with the assessment or
collection of income tax eorn being disclosed to the
Commission by or under the authority of the Commissioner of
income Tax.

7 .41 ) wheie the CommiSSion, upon examination of a statutory
declaration furnished pursuant to section 4, are of the opinion
that further investigation is necessary, they may, in writing,
request the Parliamentarian concerned to fbmish such firther
documents, inhrmation, or otheMise as they may require,

PARLLAMENT (INTEGRITY OF MEMBERS,)

within such time as they may spec%, or may, in writing, require
the Parliamentarian to attend on the Commission at such time as
may be specified by the Commission, for the purpse of the
Commission conducting an enquiry into the mer.

(2) Where a Parliamentarian is required to attend on the
Commission pursuant to subsection (I), he shall have the right
to be accompanied, and represented by, an attorney-at-law and a
registered public accountant and, for the purposes of such
enquiry, may require the Commission to summon such
witnesses as he thinks necessary.

8.--(1) Any summons to attend, to give evidence or to lssueof
produce documents before the Commission shall be served on IROOI
the person required to attend or to produce the documents and 6(a)
shall be issued under the hand of the Secretary or of any member
of the Commission.

(2) A summons under this section shall be in the form
set out in Form B in the Second Schedule and shall be served on
the person mentioned therein either by delivering to him a copy inooi
thereof or by substituted service as may be ordered by the :;:;I,
Commission. S 6 ( c )

(3) A summons under this section may be served by any
person deputed by the Commission or by a Constable.

things relating to the subject of enquiry be verified or otherwise be
ascertained by the oral examination of witnesses; and may cause on oath,
any such witnesses to be examined upon oath which the
Chairman or the Secretary is hereby authorized to administer.

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summons

9. The Commission may require that any facts, matters or W,lmESeS
examined

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lO.+l) All persons summoned to attend and give evidence Dutyand
or to produce any paper, book, record or document before the

(a) shall be bound to obey the summons ~ ~ e d upon them;
(b) shall be entitled, in respect of such evidence or the

disclosure of any communication or the production of
any such paper, book, record or document, to the same
right or privilege as before a court of law;

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1~2001
s. 7.

Protection
of dis-
closures to
the Commis
sion.

lnaol
s s
Commis-
sion to
make
repon

PARLIAMENT (INTEGRITY OF MEMBERS)

(c) shall be entitled, on attending, to be paid their
expenses, including travelling expenses, at the rates
prescribed by the Witnesses' Expenses Act for
witnesses who are entitled to have their expenses paid
from public funds:

Provided that the Commission may disallow the
whole or any part of such expenses in any case, if
they think fit. 0 (2 ) Any person who-

(a) without sufficient cause, fails or rehses to attend
before the Commission in obedience to a summons
issued under this Act, or fails or refuses to produce
any paper, book, record or document which he was
required by such summons to produce; or

(b) being a witness, leaves a meeting of the Commission
without the permission of the Commission; or

(c) being a witness, refuses without sufficient cause, to
answer any question put to him by or with the
permission of the Commission; or

(6) wilfully obstructs or intetrupts the proceedings of the
Commission,

shall be liable on summary conviction thereof in a Resident
Magistrate's Court to a fine not exceeding one hundred thousand
dollars or in default of payment thereof to imprisonment for a
term not exceeding six months.

11. The records of the Commission and any information
revealed by the evidence of a witness before the Commission
shall not be produced or disclosed to any court other than to
such extent as may be necessary for the purposes of proceedings
relating to a charge under section 6, 10, or 15 of this Act or
under the Perjury Act.

12.---(1) Where any person fails to furnish the Commission
with a statutory declaration which he is required to fUrnish in
accordance with this Act, or where the Commission examine a
statutory declaration and any related information or documents,
or conduct an enquiry into any such statutory declaration,
and are not satisfied with any aspect thereof, the Commission

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PARLIAMENT (INTEGRITY OF MEMBERS) 9

shall report the matter (setting out such details and particulars as
the Commission in their discretion think fit> to the Prime
Minister, the Leader of the Opposition, the Speaker of the
House, and the President of the Senate (hereinafter referred to as
“Parliamentary Leaders”).

(1A) Any Parliamentary Leader may, without prejudice to iizooi
subsection (2), refer the report made pursuant to subsection (1 j 9(a)
to the Committee of Privileges of the House of Representatives
or the Senate, as the case may be, in accordance with Standing
Orders.

(2) Any Parliamentary Leader to whom a report is made
pursuant to subsection (1) may take such action thereon as he
thinks appropriate in any particular case and without prejudice
to the generality of the foregoing, may-

(a) publish any information furnished to him by the
Commission; or

(b) authorize any member or any other person having
official duty under this Act or being employed in the
administration of this Act to furnish information to the
Director of Public Prosecutions, any officer of the court,
the police or any other person specified by the
Parliamentary Leader.

(3) The Commission may send a copy of the report referred

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to in subsection (1) to the Director of Public Prosecutions or the s 9 (tg
Commissioner of Police who m a p

(a) take such action in relation thereto as he thinks
appropriate in any particular case; and

(6) without prejudice to the generality of paragraph (a),
authorize any person having an official duty under this
Act or being employed in the administration of this Act
to furnish information to any officer of the court, the
police or any other person specified by the Director of
Public Prosecutions or the Commissioner of Police, as
the case may be.

(4) The Commission shall report any act of corruption to ,ROO,
the Parliamentary Leaders and the Director of Public s 9 ~ )
Prosecutions.

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Piotuction
of persons
where il l-
formatian
published
pursuant to
section I?.
1:2001
s. 10 (a).

1/2001
S . 10 (a)

1 ,?OU 1
s. I D (a).

li2ODl
s l O @ ) .

Regulations.

Second
Schedule.

PARLIAMENT (INTEGRITY OF MEMBERS)

13.-(1) Any person, being a defendant in any civil or
criminal proceedings instituted for or on account of or in respect
of the puhlication by such person or by his servant of any matter
publishec by order or under the authority of a Parliamentary
Leader, the Director of Public Prosecutions or the
Commissioner of Police, as the case may be, pursuant to section
12, may, on giving to the plaintiff or prosecutor, as the case may
be, twenty-four hours’ written notice of his intention, bring
before the court in which such civil or criminal proceedings are
being held a certificate under the hand of a Parliamentary
Leader, the Director of Public Prosecutions or the
Commissioner of Police, as the case may be, stating that the
matter in respect whereof the civil or criminal proceedings have
been instituted were published by such person or by his servant
by order or under the authority of the Parliamentary Leader, the
Director of Public Prosecutions or the Commissioner of Police,
as the case may be, and such court shall thereupon immediately
stay such civil or criminal proceedings and the same and every
process issued therein shall be deemed to be finally determined.

(2) In any civil or criminal proceedings instituted for
publishing any extract from or abstract of any publication of a
Parliamentary Leader pursuant to section 12, or any extract from
or abstract of any information published by order or under the
authority of the Director of Public Prosecutions or the
Commissioner of Police, pursuant to that section, if the court or
jury, as the case may be, is satisfied that such extract or abstract
was published bona j?de and without malice, judgment or
verdict, as the case may be, shall be entered for the defendant or
accused.

14. The Commission may make regulations-
(U) prescribing the manner in which enquiries may be

carried out and any matters incidental to or
consequential on such enquiries;

(b ) amending the forms specified in the Second
Schedule;

(c) prescribing the period within which any information
required by the Commission should be furnished;

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PARLIAMENT (TNTEGRITY OF MEMBEW) I I

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(6, prescribing any matter or thing, whether similar to the
above or not, in respect of which it may be expedient
to make regulations for the purpose of carrying this
Act into effect.

1 5 . 4 1 ) Any person who- Offences.
(a) fails, without reasonable cause, to fiunish to the

Commission a statutory declaration which he is
required to furnish in accordance with the provisions
of this Act;

(b) knowingly makes any false statement in any such
statutory declaration;

(c) fails, without reasonable cause, to give such
information as the Commission may require under
section 7;

(d) fails, without reasonable cause, to attend an enquiry
being conducted by the Commission under section 7;
or knowing gives any false information in such
enquiry,

shall be guilty of an offence, and shall, on summary conviction
thereof in a Resident Magistrate’s Court, be liable to a fine not
exceeding two hundred thousand dollars or to imprisonment for I R ~ I
a term not exceeding two years, or to both such fine and
imprisonment, and where the offence involves the deliberate
non-disclosure of a Parliamentarian’s property the Court may, in
addition to the imposition of a fine or term of imprisonment or

(i) if the properly involved is situated within the
Island, declare that it be forfeited to the Crown;

(ii) if the property involved is situated outside the
Island, order that an amount equivalent to the
value of such property (the value to be assessed
as djrected by the Court), be paid by the
Parliamentarian concerned to the Crown.

(2) Payment of all sums due to the Crown pursuant to
paragraph (ii) of subsection (1) may be enforced in like manner
as a debt due to the Crown and any proceedings t h e r m on
behalf of the Crown may be taken summarily in a Resident
Magistrate’s Court, without limit of amount.

bth-

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