Clyde Williams: Unlawful for IC to Delay Certification of PM’s Statutory Declarations

Attorney-at-law Clyde Williams, says in his view, it’s unlawful for the Integrity Commission, IC, to postpone the certification of Prime Minister Andrew Holness’ statutory declarations.

Tauna Thomas has more in this report.

In its Special Report on Prime Minister Holness’ assets and income which was tabled in parliament last week, the IC requested Parliament’s support to refer the report to the Financial Investigations Division, FID.

The commission wrote, “There can be no finality in the matter until the FID has completed its work.” 

But Mr. Williams says the commission is breaching the law.

Williams wrote on social media platform X, “concerning a recommendation of a referral to FID, in my opinion, that is unlawful. The IC cannot postpone the decision on certification on that basis. A Judicial Review Claim is a live option.”

Mr. Williams says the Integrity Commission Act empowers FID and Tax Administration Jamaica during its investigations. 

He says however, that upon completion of the process, the director of investigation must either say there is no reasonable basis to suspect a corruption offence, or recommend a referral to the Director of Public Prosecutions. 

The attorney says the Integrity Commission Act empowers the commission to engage in structured and principled cooperation with public bodies during its probe. 

He argues that the commission does not have the power to make a referral to the FID subsequent to sending a report for tabling in Parliament and then to postpone certification of statutory declarations pending feedback from the FID.

Senate President Tom Tavares-Finson has also argued that the IC has no lawful power to request that the FID initiate an investigation.  Senator Tavares-Finson says, too, that parliament has no power to make such a referral.