Senate president says IC has no authority to refer PM to FID

Senate president says IC has no authority to refer PM to FID

Senate President Tom Tavares-Finson says the Integrity Commission has no power in law to refer an individual for investigation by an authority such as the Financial Investigation Division (FID).

Tavares-Finson made the statement in response to an IC investigation report in which it recommended that both the FID and Tax Administration Jamaica (TAJ) examine aspects of the financial affairs of Prime Minister Andrew Holness.

The IC by way of a letter asked Parliament to support its referral concerning Holness to the FID. The investigation report, an addendum, the commission’s ruling and a special report were all tabled Tuesday in the House of Representatives, marking the culmination of a two-year investigation during which the prime minister’s statutory declarations remained uncertified.
 

Speaking after the conclusion of Parliament on Tuesday, Tavares-Finson said the IC is asking the Parliament of Jamaica to support the investigation and he is satisfied that the Parliament of Jamaica has no such power and for good reason.

“There is nothing in the constitution, in the laws and certainly not in the standing orders of the Parliament that would authorize the Parliament to refer of support the referral of any member to any agency for investigation. Indeed, if that power were to exist, it would be absurd because it would allow any majority in Parliament for any reason to refer any member to police or any competent authority for investigation,” he said.

The investigation is seeking to ascertain whether Holness owns assets disproportionate to his lawful earnings, and if he had in fact made false statements in his statutory declarations, by way of omissions, contrary to law.

The four bank accounts in question had balances totalling just under $446,000 and were in the names of his mother, father and a former constituency worker. He said he was added to the accounts in the names of his parents and, in the case of the former constituency worker, said he remembered encouraging her to open the bank account but did not recall how his name came to be on the account.

The matters that have been referred to the FID and TAJ involves over $150 million worth of transactions, with various companies, including Barita Investments and includes a US$94,000 bond. One of his sons is affiliated with one of the companies that have been mentioned.