Oversight committee blocks motion to refer IC report on Holness to FID

One government member of the Parliament’s Integrity Commission Oversight Committee (ICOC), Pearnel Charles Jr., has stated that the Integrity Commission (IC) should be compelled to certify the statutory declarations of Prime Minister Andrew Holness, ostensibly because the IC’s director of corruption prosecutions has ruled that no charges should be laid against Holness.

Charles Jr made the suggestion Tuesday as the government members on the eight-member committee blocked a motion that was tabled by the two opposition members during the sitting of the ICOC, in support of the IC’s recommendation to refer the investigation into Holness’ statutory declarations, to the Financial Investigations Division (FID), for further probe.

Members of Parliament Phillip Paulwell and Julian Robinson are the two opposition members on the committee. The six Government members are Edmund Bartlett, chairman, Juliet Holness, Everald Warmington, Charles Jr., Delroy Chuck and Marlene Malahoo Forte. The motion was moved by Robinson and seconded by Paulwell.

In a near 200-page report, the IC’s director of investigation, Kevon Stephenson, noted that there was sufficient basis on which to make a referral to the FID and Tax Administration Jamaica for a determination to be made regarding the filing of nil tax returns by several companies wholly or partly-owned by Holness.

Stephenson also wants the FID to help sort out the financial dealings of the Holness-affiliated companies in the IC’s illicit enrichment probe of the prime minister. The report said the transactions were in the region of $473 million.

Charles Jr.

On Tuesday, Charles Jr asserted that the IC made prejudicial statements in its investigation report in relation to the prime minister's statutory declarations. He questioned whether it was a malicious prosecution and declared that the report was “laden with procedural irregularities”.

In a statement following the ICOC meeting, the Opposition People’s National Party noted that the motion brought by Robinson was in relation to the IC’s Special Report submitted to Parliament on September 5, which raised concerns about the prime minister’s declared assets between 2019 and 2022.

“Despite the commission stating that it could not reach a final conclusion due to the prime minister’s refusal to provide key financial details, the Jamaica Labour Party majority voted against the motion, citing procedural and timing concerns,” the statement said.

Paulwell, a longstanding member of the committee, expressed his disappointment at what he said was an unprecedented move. “In all my years on this committee, I have never seen us reject the recommendations of the Integrity Commission. This is a curious break in custom and raises serious concerns about transparency and accountability,” Paulwell stated.

Paulwell

Robinson also voiced his concern about the implications of the decision. “The Integrity Commission Act grants the Commission the authority to refer matters to law enforcement bodies like the FID. By blocking this motion, the government is effectively stalling the investigation and denying the Jamaican people the transparency they deserve. This is not about politics - it’s about integrity and good governance,” Robinson remarked.

According to the PNP, the outcome of the vote signals a worrying shift in how oversight bodies like the IC are being treated. “By rejecting the motion, further investigation into the prime minister’s financial declarations has been stalled, undermining the role of the IC and raising questions about the government's commitment to transparency,” it said.

Paulwell added that the government’s decision to block the motion sends a troubling message to the Jamaican public, suggesting that important checks and balances are being disregarded for political reasons. "The PNP will not relent and will use all lawful means to ensure probity and keep the government honest while upholding principles of good governance and accountability," he stated.

However, Bartlett, in his own statement on Tuesday, pushed back at the PNP, arguing that it would be redundant for the parliamentary body to give approval to a motion calling for the report of the IC to be referred to the FID.

Bartlett pointed out that the FID has already disclosed publicly that it is in possession of referral and related documents from the IC.

“Therefore, the motion advanced by Member Robinson proposed to seek to achieve that which has already transpired,” he said. He also charged that the motion was improperly brought and amounted to an abuse of the process.

“I urge committee members to desist from abusing the processes of the Parliament in an apparent bid to achieve partisan objectives,” said Bartlett.

He noted that the commissioners of the Integrity Commission have been invited to the next meeting of the parliamentary committee on October 3 to give further and better particulars surrounding the recommendations of the report.

“This is the normal procedure. Therefore, any motion which sought to pre-empt this process was not in good order,” he declared.