More power proposed for the Integrity Commission, overrides confidentiality… so is it going too far?

By Dana Malcolm

Staff Writer

#TurksandCaicos, December 22, 2021 – The Turks and Caicos Islands Government has proposed an amendment to the Integrity Commission Ordinance that will grant members of the Integrity Commission even more authority to operate; debate on the proposal resumed on December 13 at the House of Assembly.

The proposal which was tabled on October 20th seeks to give Investigative Officers of the Integrity Commission similar powers of a police officer under the Proceeds of Crime Ordinance.

The amendment would allow members of the Commission to seize money while acting in their professional capacity. It states, “In carrying out his function an investigative officer has the powers of a police officer…under the Proceeds of Crime Ordinance to seize cash.”

Additionally, subsequent sections of the amendment allow an officer of the Commission to apply to a Supreme Court judge for a Customer Information Order. This order would make it compulsory for a specified person to provide officers with any customer information they have relating to any subject in an investigation application within seven days. The amendment also makes provisions to override company confidentiality clauses, saying, “A Customer Information Order shall have effect notwithstanding confidentiality or other restriction upon the disclosure of information imposed by any enactment, rule of law or otherwise.”

If this amendment is passed into law it will mean that business owners, realtors etc. will be duty bound to turn over any and all information relating to their customer in question to the Integrity Commission for investigative purposes.

It is unclear whether this will extend to doctors and their patients or lawyers and their clients and other sensitive client relationships.

Not only will this amendment allow officers of the Integrity Commission to subpoena client information they will also be able to now request Account Monitoring Orders. The amendment says, “An application for an Account Monitoring Order may specify information relating to all accounts held by the person specified in the application, a particular description or descriptions of accounts held, or a particular account.”

If this is passed into law account holders will have 90 days to submit their account information to the Integrity Commission. This also includes information on joint accounts. This order like the Customer Information Order also supersedes any confidentiality clauses.

If this amendment is passed into law, failure to comply with any of these orders without reasonable excuse could see persons facing a minimum fine of $100,000 if they are summarily convicted and a fine without limit if they are convicted.

The amendment has not yet been passed into law.  The House of Assembly held it final sitting for 2021 on December 13, and will resume operation in the New Year.

The amendment to the ordinance has no connection to any amendment to salaries for Members of Parliament neither was any specific bill to increase salaries introduced in the House by the government.