Integrity Commission Urges Persons Making Disclosures to Do So Responsibly

Individuals making disclosures to the Integrity Commission (IC) under the Protected Disclosures Act, 2011 are encouraged to do so in good faith and in the public’s interest.

This urging comes from the agency’s Senior Complaints Review Officer, Alecia Darby, who implores persons providing information to do so responsibly.

“It is not about making a complaint because you have a vendetta against someone. You want to ensure that you are doing so in good faith,” Ms. Darby said.

She was speaking during a recent Jamaica Information Service (JIS) ‘Think Tank’ at the Agency’s head office in Kingston.

Ms. Darby said persons can provide information anonymously under the Integrity Commission Act, 2017.

“You don’t have to give your name. You don’t have to give any identifying information. What we do ask members of the public to do is to give us as much information to process the complaint that you have made,” she said.

Meanwhile, Senior Protected Disclosures Officer in the Commission’s Information and Complaints Division, Tanesha Fagan, said entities must establish procedures for dealing with disclosures.

She noted that under the legislation, a person who makes a disclosure must be an employee or employer within the entity that they are making the disclosure about.

Ms. Fagan advised that the disclosure could relate to conduct that is likely to result in the breakdown of justice or damage to the environment or threaten the health or safety of a person.

Individuals can also make reports about conduct reflecting gross mismanagement, impropriety, or misconduct in the execution of activities involving the use of public funds.

She informed that entities must have at least one person as a Designated Officer responsible for receiving and investigating disclosures.

The Designated Officer would also have the responsibility of providing an update on the progress of the investigation, findings and recommendations to his employer, the person making the disclosure and the Designated Authority.

“In the first instance, [it is recommended that] the report is made to the Designated Officer within the entity. If it’s a case in which the report was made orally, that Designated Officer has to record the report in writing within 24 hours of receipt,” she said, pointing out that reports can also be emailed.

Regarding confidentiality, Ms. Fagan said that under the Protected Disclosures Act, the employer must take all reasonable steps to protect the identity of an employee who makes a disclosure and treat all statements given and information provided, as secret and confidential.

“There is an obligation to secrecy and confidentiality; and if there is a breach of confidentiality, this is an offence and the person is liable for prosecution,” she added.

On January 25, 2021, by way of the Jamaica Gazette, the Integrity Commission was named the Designated Authority by the Minister of Justice to execute the functions pursuant to the Protected Disclosures Act, 2011.