The IC's stamement on the Warner issue

The question whether Mr Austin Jack Warner should properly be a member of the Cabinet of the Government of Trinidad and Tobago while continuing to serve as vice-president of FIFA is actively in the public sphere and has been brought to the attention of the Integrity Commission.

The Integrity Commission is responsible, inter alia, for the regulation of the conduct of persons exercising public functions, and, for preserving and promoting the integrity of public officials and institutions.

The commission, in effecting this responsibility, is guided by the application of the Code of Conduct as specified in the Integrity in Public Life Act governing persons in public life which reads as follows: CODE OF CONDUCT 23.

This Part applies to a person in public life and to all persons exercising public functions.
24. (1) A person to whom this Part applies shall ensure that he performs his functions and administers the public resources for which he is responsible in an effective and efficient manner and shall-
(a) be fair and impartial in exercising his public duty;
(b) afford no undue preferential treatment to any group or individual;
(c) arrange his private interests whether pecuniary or otherwise in such a manner as to maintain public confidence and trust in his integrity.

(2) A person to whom this Part applies shall not-
(a) use his office for the improper advancement of his own or his family’s personal or financial interests or the interest of any person;
(b) engage in any transaction, acquire any position or have any commercial or other interest that is incompatible with his office, function and duty or the discharge thereof;
(c) use public property or services for activities not related to his official work;
(d) directly or indirectly use his office for private gain.

(3) No person to whom this Part applies shall be a party to or shall undertake any project or activity involving the use of public funds in disregard of the Financial Orders or other Regulations applicable to such funds.

25. A person to whom this Part applies shall not use information that is gained in the execution of his office and which is not available to the general public to further or seek to further his private interests.

26. A person to whom this Part applies shall not use his office to seek to influence a decision made by another person or public body to further his own private interests.

27. (1) A person to whom this Part applies shall not accept a fee, gift or personal benefit, except compensation authorised by law, that is connected directly or indirectly with the performance of the duties of his office
(2) Subsection (1) does not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office.
(3) Where a gift or personal benefit referred to in subsection (2) exceeds five thousand dollars in value or where the total value received directly or indirectly from one source in any twelve-month period exceeds five thousand dollars, a person in public life shall file with his declaration, a statement indicating the nature of the gift or benefit, its source and the circumstances under which it was given or accepted.
(4) For the purposes of this section, the amount of a gift comprising property, other than money, shall be deemed to be an amount equal to the value of the property.

28. Matters of a confidential nature in the possession of persons to whom this Part applies, shall be kept confidential unless the performance of duty or the needs of justice strictly require otherwise, and shall remain confidential even after separation from service.

29. (1) For the purposes of this Act, a conflict of interest is deemed to arise if a person in public life or any person exercising a public function were to make or participate in the making of a decision in the execution of his office and at the same time knows or ought reasonably to have known, that in the making of the decision, there is an opportunity either directly or indirectly to further his private interests or that of a member of his family or any other person.
(2) Where there is a possible or perceived conflict of interest, a person to whom this Part applies, shall disclose his interest in accordance with prescribed procedures and disqualify himself from any decision-making process.

This Code is further buttressed by the Code of Ethics for Parliamentarians, including Ministers and Parliamentary Secretaries, as approved by Resolution of the House of Representatives on 15th July, 1988.

This Code requires that Cabinet ministers divest themselves of their private interests upon their assumption of public office.

The Commission is of the view that all persons in public life who offer themselves for Cabinet posts, should so organise their affairs in order that there be no breach of the aforementioned Code of Conduct or the Code of Ethics.