JFJ Executive Director Mickel Jackson
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Mickel Jackson
By Nakinskie Robinson
Executive Director at Jamaicans for Justice, Mickel Jackson, is calling for the so-called 'gag clause' under the Integrity Commission Act to be repealed.
She contends that upholding the gag clause does not serve the public's interest.
Section 56 of the Integrity Commission Act stipulates that the anti-corruption body is barred from commenting on its investigations unless a report has first been tabled in Parliament.
The primary justification for the gag clause is that it prevents the Integrity Commission from injuring the reputation of public officials, when it makes an announcement to start an investigation into allegations of corruption, misconduct, impropriety and or irregularity which may directly or indirectly implicate a public official.
Proponents of the gag clause generally contend that a person is presumed innocent until proven guilty.
Ms. Jackson argues, however, that a repealed clause must be accompanied by certain provisions.
She says there are critical factors to be considered, such as if the matter is in the public's interest or in the interest of advancing an investigation. If this is the case, she said the Integrity Commission should be able to make a statement, but the subject's reputation must be considered.
In its annual report, the Commission said it does not agree with the justification outlined in the Act for the gag clause.
Meanwhile, Ms. Jackson also believes those being investigated should not be publicly named.
That position comes amid calls from the public for the Integrity Commission to name the parliamentarians under investigation.
She argued that there is need for balance between transparency, public interest and ensuring natural justice is realised.
But Ms. Jackson also expressed the view that it is inappropriate for a member being investigated to sit on any parliamentary committee that provides oversight of the Integrity Commission.
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