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JAM | Jan 16, 2025

MISGUIDED: Integrity Commission dismisses Cuthbert Flynn criticisms on statutory declaration requirements

/ Our Today

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Minister of State in the Ministry of National Security, Juliet Cuthbert Flynn, addresses the 2024 LASCO/Jamaica Constabulary Force (JCF) ‘Saluting Our Heroes’ awards ceremony at the Jamaica Pegasus Hotel in New Kingston on Friday, October 25, 2024. (Photo: JIS/File)

The Integrity Commission (IC) has called “misguided” objections raised by Government parliamentarian Juliet Cuthbert Flynn on social media over the statutory declaration requirements for the spouses of parliamentarians and public officials.

The IC, in a statement, said Cuthbert Flynn, state minister in the Ministry of National Security, “was ignorant of pertinent provisions of the Integrity Commission Act” and invited more parliamentarians to attend the sensitisation sessions offered to Gordon House.

The state minister, in a post on X.com, formerly Twitter, likened questioning on her husband’s earnings to grave overreach.

READ STATEMENT: 

Sections 39 and 40 of the Integrity Commission Act impose specific obligations that are related to the filing of statutory declarations by parliamentarians and public officials.

Section 39(1) states: “Subject to the provisions of this Act, every person who, on or after the appointed day, is a parliamentarian or public official, shall submit to the Director of Information and Complaints, a statutory declaration of his assets and liabilities and his income in the form set out in the Third Schedule.” 

In turn, the third schedule of the act specifically requires information regarding the particulars of income from all sources of the declarant, spouse, and children (including perquisites such as housing, entertainment allowances, rentals, etc.). 

Section 40(1) of the Integrity Commission Act 2017 further provides as follows: “A statutory declaration shall include such particulars as are known to the declarant of the income, assets, and liabilities of the spouse and children, where applicable, of the declarant.” 

Consequently, all parliamentarians and public officials, who are required to file statutory declarations, are obligated under the act to disclose pertinent information, including spousal income details. It is important to emphasise that these legal obligations are universally recognised anti-corruption and good governance standards that have been written into Jamaican Law by lawmakers themselves, who passed the Integrity Commission Act in 2017.

Contrary to what some commentators, including some lawmakers, have publicly suggested, they are not requirements that have been imposed by the Integrity Commission. In a letter, dated December 10, 2024, the Integrity Commission formally wrote to the speaker of the House of Representatives and the president of the Senate, offering parliamentarians an opportunity to participate in a virtual sensitization session at their convenience.

The commission’s letter was also copied to chairman of the Integrity Commission Parliament Oversight Committee, Edmund Bartlett, and to the clerk to the Houses of Parliament. The session would include a presentation on completing the Statutory Declaration Form and provide an opportunity for parliamentarians to ask questions about the examination process. This initiative was designed, in part, to support the preparation for the 2024 statutory declaration in-take period, which commenced on January 2, 2025, and will end on March 31, 2025.

Logo of the Integrity Commission. (Photo: Integrity Commission)

Unfortunately, however, the commission, to date, has not received a response to its offer from either the House speaker or the Senate president. In the public interest, a copy of the commission’s letter, dated December 10, 2024, to the House speaker and the Senate president, is attached to this media release. 

To avoid misinformation, the commission encourages all parliamentarians and public officials to engage with the resources and educational guidance that are provided by the commission, as these measures are designed to uphold the principles of anti-corruption, accountability, transparency and good governance. The commission remains committed to collaboration and education.

We are, therefore, open to providing training or clarification to any individual or institution seeking to fulfil their statutory declaration obligations. Ultimately, the goal of the commission is to ensure that all declarations are completed accurately, and in full compliance with the provisions of the Integrity Commission Act. 

Parliamentarians who may be interested in participating in the commission’s statutory declaration sensitisation session are encouraged to directly contact either Craig Beresford, the commission’s director of information and complaints, or Ryan Evans, the commission’s director of corruption prevention, stakeholder engagement and anti-corruption strategy.

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