Thursday, July 13, 2017
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
PUBLIC Disclosure Commission Chairman Myles Laroda yesterday distanced himself from the government’s pledge to prosecute non-compliant parliamentarians, telling The Tribune it is possible no penalties will be exacted.
Mr Laroda maintained that the hardline position taken by the new administration has made a significant impact on the culture of non-compliance that plagued the commission, despite a public outcry for “a pound of flesh”.
“I can’t say because I’m not there and I’m only one voice,” Mr Laroda said, when asked the fate of the remaining three delinquent MPs.
“The other two (PDC) members could decide otherwise. We have always been led by consensus. You’ll have to look at all of the circumstances to see.
Mr Laroda continued: “I don’t have no special knowledge or anything but the prime minister did say in their manifesto that they would amend the (Public Disclosure) Act. We don’t know what the new amendments would be so I think that would be getting ahead.”
When contacted yesterday, Mr Laroda said the remaining two members of the three-person commission had not yet been appointed, adding that he expected to convene a meeting next week once it had been fully constituted.
He suggested that if delinquent MPs become compliant during that period, there may be no need to turn over names to the Attorney General’s Office for prosecution.
“We are at a point where there is only three people and right now what I think it’s shining a light. Now the public has become aware, they read about it in the papers. Now they start to demand accountability, (prosecution or penalties) there are those who want a pound of flesh but that day (of non-compliance) is at its end, and maybe this situation we will never go back to where people think it’s okay to just disregard the law.”
Mr Laroda continued: “I think people are paying attention, I think the days where you just didn’t do it or nothing happens, no consequences, or just accepted that people will act in a particular way, are over. The new administration has taken its stance, but the public position is they’re not going to accept this type of behaviour. There is a new desire for transparency, you can’t just have a law there and not follow it.”
On June 6, Press Secretary Anthony Newbold told the media that Prime Minister Dr Hubert Minnis had given former and sitting parliamentarians three weeks to file disclosures or face the court for breaking the law.
Present and former parliamentarians and senators, along with senior public officers, are required to submit their disclosures to the PDC by March each year.
The law specifies that persons in breach could face a fine of $10,000, or two years in prison, or both, or confiscation of land if land is involved.
At the time, Mr Newbold said the deadline affected more than 20 MPs, adding that the number of parliamentarians that did not disclose for the entire five years was “not less than six.”
The July 3 timeline set by Dr Minnis for the files to be sent to the Office of the Attorney General expired last week.
Yesterday, Mr Laroda reiterated Mr Newbold’s warning that the PDC will widen its scope to include senior civil servants, who are also required to file by law, but generally do not comply.
“The next thing will be the senior civil servants,” Mr Laroda said. “It’s not only that they don’t do it but there is a small percentage that think they have a right to antagonise the process.”
Comments
sheeprunner12 says...
The PDC Chairman seems to be excusing delinquency as a minor matter and treating this rather nonchalantly ........ He is very forgiving and casual in his approach to politicians who are not willing to comply with the rules of disclosure ........ That perspective is troubling
Further ............ are we to assume that once these documents are submitted that they are taken at face value and this is the end of the story????? ........ There are too many gray areas that may excuse these politicians who like to operate in the gray zone (no pun intended)
Posted 13 July 2017, 10:14 a.m. Suggest removal
TalRussell says...
Comrades! The four-member Public Disclosure Commission remains nothing but a political smokescreen aided and abetted by- "It's the Red Government's "4th" time......returning to poor performance governing."
Posted 13 July 2017, 10:32 a.m. Suggest removal
proudloudandfnm says...
Man. Screw excuses. What does law say????
Posted 13 July 2017, 10:38 a.m. Suggest removal
Sickened says...
Jesus I am getting pissed now. This Laroda fella needs to be removed if he is not irate at the lack of disclosure and intends to prosecute people to the fullest extent of the law. If he lets this go unpunished then no-one will be disclosing next year.
Posted 13 July 2017, 11:21 a.m. Suggest removal
sealice says...
What does the Law say? And how far back can we hold these people accountable? AND who are the tree (3) that didn't comply? Please say perry.......
Posted 13 July 2017, 11:22 a.m. Suggest removal
Socrates says...
well law or not, i won't be surprised that non-compliant politicians face no action. hope the same law that lets them off will apply to the civil servants too. same ole story in this country, plenty laws and no enforcement.. and we wonder why the place has gone to hell...
Posted 13 July 2017, 11:48 a.m. Suggest removal
TalRussell says...
Comrade Socrates. I said the second PM Minnis started blowing red smoke about a June 30, 2017 filing deadline that the PM has no authority to charge current or former MP's - that the responsibility fell under the House Speaker's exclusive domain - and the current Speaker has zero authority over any former MP. Case closed. There will NO prosecutions. You would think a sitting MP would step forward to explain why they have not filed? Shut down the useless Public Disclosure Commission's office and save the public treasury the $675,000 it will cost to operate it just for the next 12 months. Comrades. It's Not the People's time...".It's the Red Shirts "4th" time in power to once again Mess Things Up."
Posted 13 July 2017, 2:03 p.m. Suggest removal
Economist says...
Public Disclosure - Offences
13. (1) Any person who —
(a) fails without reasonable cause, to furnish to the
Commission a declaration which he is required
to furnish in accordance with the provisions of
this Act;
(b) knowingly makes any false statement in such
declaration;
(c) fails without reasonable cause to give such
information or explanation as the Commission
may require under section 6 or 7;
(d) after a summary of a declaration has been
published in the Gazette pursuant to section
6(2), publishes any statement whatever
challenging the accuracy of that summary or the
honesty or credibility of the declarant, otherwise
than by way of complaint to the Commission;
(e) makes any frivolous, vexatious or groundless
complaint to the Commission in relation to a
summary of a declaration;
(f) fails without reasonable cause to attend an
enquiry being conducted by the Commission
under section 7; or knowingly gives any false
information in such enquiry,
shall be guilty of an offence and shall on conviction on
information, be liable to a fine not exceeding ten thousand
dollars or to imprisonment for a term not exceeding two
years, or to both such fine and imprisonment, and where
public the offence involves the deliberate non-disclosure of the
property of a Senator or Member of Parliament, the court
shall, in addition to the imposition of a fine or term of
imprisonment or both —
(i) if the property involved is situate within The
Bahamas, declare that it be forfeited to the
Government;
(ii) if the property involved is situate outside The
Bahamas, order that an amount equivalent to the
value of such property (the value to be assessed
as directed by the court), be paid by the Senator
or Member of Parliament to the Government.
(2) Payment of all sums due to the Government
pursuant to paragraph (ii) of subsection (1) may be
enforced in like manner as a debt due to the Government
and any proceedings thereon on behalf of the Government
may be taken summarily, without limit of amount.
Posted 13 July 2017, 2:17 p.m. Suggest removal
TalRussell says...
Comrade Economist, there's one legal obstacle steering you in the face -
"d) after a summary of a declaration has been published in the Gazette pursuant to section 6."
There hasn't been nothing published on MP's Financial Discoursers in the Gazette, for over 5-years? All the legal jargon you can quote is still subject to being put to the test before a Judge. Take it from the Comrade, there will be NO former MP prosecutions by Minnis, Carl, or any Commissioner. None. Period. Got it?
Posted 13 July 2017, 2:40 p.m. Suggest removal
sheeprunner12 says...
Why is the Tribune not allowing commentary on the recent bribery and extortion case and the rogue MPs who did not disclose?????? ......... More handcuffs need to be ordered for the ex-PLP Ministers ............ The Minnis Doctrine will clean up the government's system of corruption
Posted 13 July 2017, 3:15 p.m. Suggest removal
TalRussell says...
Comrade SheepRrunner, you couldn't fill a empty phone booth with those who object to the new prime minister's promises to do his best to stamp out public corruption by elected and appointed government officials. But yellow and Red T-shirts are equally as corruptible - so we shall see how the next 5-years fans out when it comes to he own kinds... and some them ain't be trusted be around anything not nailed or crazy-glued to the public treasury's vault's cement floor ..... period?
Posted 13 July 2017, 3:52 p.m. Suggest removal
DDK says...
Not even allowing commentary on Brave Davis's comments! Getting to be like the media in the Land of the Free across the pond to the N.W.
Posted 13 July 2017, 4:46 p.m. Suggest removal
Porcupine says...
Yup.
Posted 13 July 2017, 6:28 p.m. Suggest removal
ThisIsOurs says...
They closed it because some of the comments were borderline and they don't want to be held in contempt. The Minnis doctrine will make unethical people find different ways to cheat the system. The only solution is to stop electing unqualified, unethical, money loving people to parliament. Not sure how that happens because the entire culture is corrupted with *get money at any cost* syndrome. People are mad at Ash and Gibson and Dorsette, but if given a chance to make 1.8 million in a similar fashion in a few months, how many would have taken it? Would be easier to count the ones who wouldn't. That is our problem.
Posted 14 July 2017, 5:50 a.m. Suggest removal
killemwitdakno says...
If elections was in May , why do we care who were to disclose in March? Are they sitting?
Posted 13 July 2017, 10:15 p.m. Suggest removal
ThisIsOurs says...
Because their theft hurt the country and in turn our pockets. I'm still hesitant about the over emphasis on punishing people without matching or greater emphasis on the way forward.I don't think its wise
Posted 14 July 2017, 5:57 a.m. Suggest removal
sealice says...
This is BULLSHITe!!!! non-compliance = lose your seat and pay the fine... do not collect 200 go str8 to jail..... you were not a good boy yo mama can't help you now....
Posted 14 July 2017, 11:15 a.m. Suggest removal
licks2 says...
The net has closed on one popular radio man. . .one doc. . .and on one who turned rich fast fast. . .ladies and gentlemen. . .I told yinna the doc een playing with nobody!! Thisisours. . .you don't read the news papers aye? They told us the new acts they are working on now to make sure this "wholesale tiefin" don't happen again!! THIS DA PEOPLES DEM TIME!!!
Posted 14 July 2017, 11:52 a.m. Suggest removal
sheeprunner12 says...
There will be tangible, long-term changes in the political culture of the country as a result of this Minnis Doctrine .......... We have seen this before in the "sunshine cultural shift" in the Ingraham Doctrine ........... Minnis will take our country beyond the political "old boys' club" that has resisted institutional change since modern Bahamian government began in 1964...... Can't Wait!!!!!!!
Posted 14 July 2017, 12:11 p.m. Suggest removal
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