Frequently Asked Questions
Further, these persons:
must not be affected by bankruptcy action;
must not have been convicted of an indictable offence;
must not have been convicted of an offence pursuant to the provisions of the Acts;
must not be a person in public life other than as a member of the Commission;
must not be a member of the House of Representatives or of the Senate;
must not during the three years preceding appointment, have held office in a political party;
must not be otherwise disqualified to be a member of the House of Representatives.
The Chairperson may resign in writing to the Governor General and from the date so indicated, that person ceases to be a member of the Commission.
A member of the Commission is taken to have vacated office if the member:
a. resigns the position on the Commission;
b. cannot continue as a member of that Commission having become disqualified as earlier out;
c. is absent without the permission of the Commission, from three consecutive meetings of the Commission and has not given due notice;
e. is appointed as a public officer;
f. takes up an appointment in a political party;
g. is nominated for election as a representative in the House of Representatives or in the Senate.
To remove a person, the Governor General, after consultations with the Prime Minister and the Leader of the Opposition, appoints a Disciplinary Tribunal to conduct an inquiry into the matter and report and recommend to the Governor General.
normally resides with the applicant, whether or not the child is a child of the applicant and the respondent, or either of them;
is an adopted child, a stepchild, a child who is treated as a child of the family;
is related by consanguinity or affinity, to either the applicant or the respondent:
is in the care and protection of the applicant or the respondent;
is a person of whom either the applicant or the respondent is a guardian; or
is, or was, a member of a shared household; and is not a person who is, or was married.
The Commission comprises of seven persons: a Chairperson, a Deputy Chairperson and five other members. Members are appointed for a period not exceeding three years and are eligible for re-appointment.
The Commission is constituted as follows:
- A Chairperson, who shall be a retired Judge, an attorney-at-law of at least fifteen years standing, or a citizen of Grenada who is a person of good standing in the community;
- A certified or chartered accountant;
- An attorney-at-law of at least seven years standing;
- One person appointed on the recommendation of the Prime Minister;
- One person appointed on the recommendation of the Leader of the Opposition;
- Two persons appointed after consultations by the Governor General with faith-based organizations.
Its functions are to:
- carry out those functions and exercise the powers pursuant to the provisions of the Integrity in Public Life and the Prevention of Corruption Acts;
- receive, examine and retain all filed declarations.
- make such inquiries as it considers necessary in order to verify or determine the accuracy of a filed declaration.
- receive and investigate complaints regarding any alleged breaches of the provisions of the Integrity in Public Life Act or the commission of any suspected offence under the provisions of the Prevention of Corruption Act;
- investigate the conduct of any person falling under the purview of the Commission which, in the opinion of the Commission, may be dishonest or conducive to corruption;
- examine the practices and procedures of public bodies for the purpose of identifying areas where there is potential for the occurrence of dishonesty or corruption;
- instruct, advise and assist the heads of public bodies with respect to changes in practices or procedures which may be necessary to reduce the occurrence of corrupt practices;
- carry out programmes of public education intended to foster an understanding of the standard of integrity expected of public officials; and
- perform other functions and exercise powers as may be required pursuant to the provisions of the Acts.
The Commission has:
- the power to authorise investigations, summon witnesses, require the production of any reports, documents or other relevant information, issue requests to witnesses abroad: and to do all things as it considers necessary or expedient for the purpose of carrying out its functions;
- the same powers, rights and privileges as a commission of inquiry appointed pursuant to the provisions of the Commission of Inquiry Act;
- the powers to make use of the services or draw upon the expertise of any law enforcement agency or the Public Service.
The Commission, in the exercise of its duties under the Acts is not subject to the direction or control of any person or authority.
The following office holders are considered persons in public life:
- Members of the Commission
- Members of the House of Representatives
- Members of the Senate
- President of the Senate
- Speaker of the House of Representatives
- Parliamentary Secretaries
- Secretary to the Cabinet
- Permanent Secretaries, Deputy Permanent Secretaries
- Senior Administrative Officers
- Chief Budget Officer
- Account General and Deputy Accountant General
- Attorney General
- Clerk of Parliament
- Commissioner of Police and Deputy Commissioner of Police
- All police officers
- Chief Immigration Officer, Deputy Chief Immigration Officer and all other immigration officers
- Superintendent of Prisons and all prison officers
- Comptroller of Customs, Deputy Comptroller of Customs and all customs officers
- Comptroller of Inland Revenue, Deputy Comptroller of Inland Revenue and all inland revenue officers
- Chief Personnel Officer
- Legal Officers employed by the State
- Director of Financial Intelligence Unit and all employees of the Financial Intelligence Unit
- Director of Public Prosecutions
- Director of Audit
- Labour Commissioner, Deputy Labour Commissioner and all labour officers
- Chief Technical Officers of Ministries
- Members of Public Service Commission
- Members of Public Service Board of Appeal
- Chairperson and Deputy Chairperson of statutory bodies
- Chief Executives Officers and Deputy Chief Executives Officers, by whatever name known, of statutory bodies
- Members of the Tenders Board
- All Public Officers including non-established officers receiving a salary in excess of two thousand dollars per month.
The Act requires every person in public life to:
- File a declaration setting out the following:
- personal particulars and in addition those of a spouse and children declared;
- particulars of persons income, assets and liabilities held and spouse and children (this includes any income, assets and liabilities acquired, held or incurred by any other person or agent on his/her behalf);
- monies or other property held in trust for him/the persons; or held in trust by him/her for another person.
- Within seven (7) days of receipt, report any gifts or rewards accepted by the declarant in the course of the performance of official functions.
3. Observe the Code of Conduct which sets out the standards of behaviour, ethics and values that are expected of persons in public life.
A declaration is kept securely locked. The declaration and supporting documents may be required in a court of law, hence the Commission should be guided by the principle of a chain of custody. The envelope containing the declaration and supporting documents is given to a Compliance Officer who examines the seal on the envelope, and breaks it.
The Officer records in a log book that the seal was secure and verifying that he/she broke it. The Compliance Officer makes a list of all the documents in the envelope.
The Compliance Officer examines the declaration and supporting documents to determine whether or not the information contained therein is accurate and not false.
The Compliance Officer presents a signed written Report of his/her findings to the Commission. The Commission considers the Report in addition to the declaration and supporting documents.
The Commission looks for the existence of corruption, for example, where a person in public life presents assets of a stated amount and the stated liabilities being more are met, the question arises: from where is the excess sum accessed?
Where further information is required, the Commission requests the person in public life to supply the information.
Where the information disclosed is determined by the Commission to be accurate and there seems to be no question or evidence of fraud/corruption, a Certificate of Compliance is issued to the person in public life.
A chain of custody is the noting of physical movement and location of a document or thing from the time of receipt to the time it is presented as evidence in court.
Where the Commission is not satisfied with the information supplied, and considers it necessary to inquire into the accuracy or fullness of a declaration, the Commission may advise the Governor General to appoint an Investigatory Tribunal to make inquiry.
The Governor General appoints any three members of the Commission to verify the contents and statements of that declaration, as provided in Section 35 (2) of the Integrity in Public Life Act No.24 of 2013, which reads:-
“For the purposes of an inquiry in accordance with the provisions of this section, the Governor General shall appoint an Investigatory Tribunal comprising three members of the Commission in order to verify the contents of a declaration or other statement filed with the Commission.”
The Investigatory Tribunal may request the person in public life, or any other person, who the tribunal reasonably believes to have knowledge of the matters before it to (a) attend before the Tribunal and give information as it may require (b) furnish the Tribunal with information or documents as would assist the Tribunal in verifying the declaration. Section 35 (3) of the Act reads:-
“The Investigatory Tribunal appointed pursuant to section 2, may, subject to subsection (4), request in writing that a person in public life or any other person who the Investigatory Tribunal reasonably believes to have knowledge of the matters inquired into –
(a) attend before the Investigatory Tribunal to give such information to the Investigatory Tribunal as it may require in order to satisfy itself that it is in possession of all material facts: or
(b) furnish to the Investigatory Tribunal, such information or documents as would assist the Investigatory Tribunal in verifying the declaration.”
In conducting an inquiry, the Tribunal has all the powers of a Commission of Inquiry and persons may be summoned to appear before the Tribunal, except that the proceedings are held in private. The Tribunal forwards a report of its findings to the Governor General who forwards it to the Commission.
Where the Tribunal finds that there are reasonable grounds to believe that investigation into the assets and income of a person in public life is necessary, the Commission submits the report of the Tribunal’s findings to the Director of Public Prosecutions so that he may make an application to the court for an Investigation Direction.
Where the Tribunal’s report finds that the declaration is in fact full and proper. It shall recommend that the person in public life is entitled to full indemnity to be reimbursed from the consolidated fund for all expenses reasonably incurred, as determined by the Commission.
Where, based on the findings of the Investigatory Tribunal, the Director of Public Prosecutions has reasonable grounds to believe that an investigation into the assets and income of a person in public life is necessary he/she may make an application, in writing setting out full particulars, on behalf of the Commission, to a Judge for the issuing of an Investigation Direction.
Where the Judge is satisfied that an Investigation Direction is warranted, he/she may issue the Investigation Direction, in writing, indicating the identity of the person, the period for which it has been issued and any other conditions or restrictions relating to the conducting of the investigation.
Initial applications for and issuance of Investigation Directions shall be made without notice to the person to whom the application relates and without the hearing of such person.
Once an Investigation Direction has been issued, the Commission may summon any person specified in the Investigation Direction who it believes to have pertinent information on the subject matter, to appear before the Commission at a specific time and place to be questioned and/or produce evidence. The Commission may also apply to a Judge for a search warrant to enter any premises where the person in public life is suspected to be on or in which anything connected with that investigation is suspected to be, to inspect, examine or seize anything which has a bearing on the investigation in question.
Once an Investigation Direction is issued, a person cannot obstruct, or hinder, or refuse to provide information or an explanation, or give false or misleading information relating to a matter within his/her knowledge about the matter being investigated. If a person does any of those acts he/she will be guilty of an offense and liable, upon conviction, to a fine and/or imprisonment.
A person shall not be entitled to refuse to answer any question on the ground that the answer would tend to expose him/her to a criminal charge. No evidence regarding any questions and answers contemplated in that situation shall be admissible in any criminal proceedings except where the person concerned stands trial on a charge pursuant to the provisions of the Criminal Code.