UNC MP tells president appoint Integrity Commission or face court action

Siparia MP Kamla Persad Bissessar has sent a "Pre-Action Protocol" letter to President Max Richards and the Solicitor General regarding the president's failure to appoint a Chairman and board of the Integrity Commission.

The letter on behalf of Persad Bissesar's parliamentary colleague, Fyzabad MP Chandresh Sharma, and others gives the president 21 days to respond failing which she will carry out her clients' instruction to proceed with a court matter.

Persad Bissessar is claiming that the president's delay in appointing a chairman and commissioners of the integrity commission is a violation of the Integrity in Public Life Act and deprives her clients of their rights.

In her letter the former Attorney general notes that section 138 (1) of the Constitution mandates that "there shall be an Integrity Commission consisting of such number of members qualified and appointed in such manner and holding office upon such tenure as may prescribed".

The commission is responsible for:

• Receiving declarations of the assets and liabilities of persons in public life, including members of the House of Representatives
• The supervision and monitoring of standards of ethical conduct prescribed by Parliament to be observed by persons in public life
• The monitoring and investigating of conduct, practices and procedures which are dishonest or corrupt

The entire commission resigned on February 3, 2009 following a harsh indictment by a high court judge in connection with a matter relating to former cabinet minister Dr Keith Rowley. Since then their offices have remained vacant.

Related story: T& Integrity commission quits

Persad Bissessar's letter states that despite several calls made to the president to carry out his statutory duty of appointing the members of the Integrity Commission to date he has "failed and/or omitted to appoint the said members".

She notes that some of the calls were made by "by and on behalf of the Parliamentary Opposition on 10th March 2009, on 31st March 2009 and on 9th April 2009."

The MP says that in view of the "very important constitutional role of the Integrity Commission in preserving and promoting integrity of public officials and institutions...it is imperative that the members of the Integrity Commission be appointed with dispatch."

She says the president's continuing failure to make the appointments "has deprived and continues to deprive her clients of their right to make complaint to the Integrity Commission.

She says Chandresh Sharma, who is a member of Parliament, wishes to make complaints and cannot do so because there is no commission. The complaints include allegations that the Minister of Finance is in contravention of the Integrity in Public Life Act and "has/had a conflict of interest and, has committed an offence under the Prevention of Corruption Act in relation to the CL Financial bailout."

She says without a commission there is the real risk that "relevant evidence relating to the investigation of matters already complained of and to be complained of could be lost and/or tampered with and the memories of witnesses fade over time."

She notes that "It is indeed not unprecedented in this country for crucial documents and witnesses to disappear."

The letter says the president's unreasonable delay in making the necessary appointments is contrary to law and an abdication of his responsibilities. She calls it dereliction of duty and maladministration.

She is seeking a reply within 21 days of the date of this letter failing which she has instructions to file a claim seeking:

• a declaration that the president is obliged to perform his statutory duty
• a declaration that there has been unreasonable delay on the part of the Defendant to appoint the members of the Integrity Commission;
• a declaration that the failure and/or inaction and/or omission of the Respondent to appoint the members of the Integrity Commission amounts to a deprivation of the statutory entitlement of the Claimant and is accordingly unlawful;
• an order of mandamus directing the president to appoint the members of the Integrity Commission

Earlier this month Opposition Leader Basdeo Panday confirmed that President Max Richards had written to him requesting that he send him the names of persons whom he thinks should be appointed to the Integrity Commission.