The Integrity Commission was established under the Integrity in Public Life Act Chapter 22:01, and has an oversight role for the prevention of corruption, promoting the integrity of persons in public life and persons exercising public functions, and sets guidelines for the conduct of these persons who are defined in the Act as:
Persons exercising Public Functions
• All persons holding office under the four (4) Service Commissions: Public Service, Judicial and Legal Service, Police Service and Teaching Service.
• Statutory Authorities: persons holding office under the Statutory Authorities as established by an Act of Parliament and as declared as such by the President (see below)
• Members of the Diplomatic Service
• Advisers to the Government
Persons in Public Life
• Members of the House of Representatives
• Ministers of Government
• Parliamentary Secretaries
• Members of the Tobago House of Assembly
• Members of Municipalities
• Members of Local Government Authorities
• Senators
• Members of the Boards of all Statutory Bodies and State Enterprises including those bodies in which the State has a controlling interest
• Permanent Secretaries and Chief Technical Officers
Statutory Authorities
Section 2 of the Statutory Authorities Act Chapter 24.01 states that “Statutory authority means a local authority and any commission, board, committee, council or body (whether corporate or unincorporated) established by or under an Act other than the Companies Act declared by the President under Section 3 to be subject to the provisions of this Act.”
The Commission would have jurisdiction only over Members of a Board of a state entity incorporated under the Companies Act of Trinidad and Tobago.
The Commission can only investigate and take action against Board members (as they’d be considered persons in public life)
The Commission has jurisdiction over members of the Board of such state enterprises that are incorporated by an Act of Parliament as being persons in public life.
But there is no jurisdiction to investigate acts, or omissions by non-Board Members (such as senior management officials) except where such state enterprise is incorporated by an Act of Parliament and has been declared by the President as being subject to the Statutory Authorities Act. Where a state enterprise has been incorporated by an Act of Parliament and not declared under the Statutory Authorities Act by the President, a breach of the IPLA cannot be made out against non-Board Members and action can only be taken if a case can be extended against the Members of the Board of the State Enterprise.
The Commission has jurisdiction over persons holding office under the Statutory Authorities as established by an Act of Parliament and as declared as such by the President. These entities include:
The National Housing Authority
The Sugar Industry Labour Welfare Fund Committee
The Cocoa and Coffee Industry Board
The Sugar Industry Control Board
The Agricultural Society of Trinidad and Tobago
The Zoological Society of Trinidad and Tobago
The Management Development Centre
The National Lotteries Control Board
The Public Library of Trinidad
The San Fernando Carnegie Free Library
St. Michael’s School for Boys
St. Dominic’s Children’s Home
St. Mary’s Children’s Home
St. Jude’s School for Girls
Point Fortin Corporation
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