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PHILIPSBURG--The government wants to deal with integrity issues urgently and with "full reliability," and wants to do so in establishing an Integrity Chamber which is to provide advice on integrity issues, policy and possible integrity violations within government.

The Integrity Chamber, called the "Champion of Public Integrity," is to be put at a distance from government and is to obtain far-reaching authority, Prime Minister and Minister of General Affairs Marcel Gumbs stated in the introduction to the draft National Ordinance on the Establishment of the Integrity Chamber, which was sent to the Advisory Council.

The Integrity Chamber is to consist of a chairman and two members to be appointed for a period of three years. They may be reappointed for a second term. The members are to be appointed through a binding, written recommendation by a Supervisory Council.

Affinity

Members of the Integrity Chamber should have "sufficient affinity with the local situation in St. Maarten," the draft ordinance states. This is deemed of the utmost importance, as citizens of St. Maarten should be able to identify themselves with the Chamber and be able to rely on this authority.

Members of Parliament, the Advisory Council, the General Audit Chamber or the Socio-Economic Council are to be excluded from membership in the Integrity Chamber, as well as governors, ministers (plenipotentiary), Ombudsmen and civil servants.

Persons up to a second-degree blood relationship with other members of the Integrity Chamber and persons with interests in government-owned companies also are to be excluded.

The Supervisory Council is to consist of the President of the Joint Court of Justice of Curaçao, St. Maarten and Aruba and of Bonaire, Saba and St. Eustatius, the vice-President of the Advisory Council and a person to be appointed by royal decree and on recommendation of the Kingdom Council of Ministers, in consultation with the Council of Ministers of St. Maarten.

Even though the draft ordinance itself does not mention that the Council of Ministers would have the last word on the appointment of Integrity Chamber members, it is stated in the explanation that the Supervisory Council would have to make a new proposal in case none of the candidates obtain the Council of Minister's seal of approval. However, government cannot appoint members to the Council, but only can choose from a selection of candidates, it was asserted in the explanation.

The draft ordinance comes on the heels of various integrity reports that were made public last year. Government wants to give priority to St. Maarten's reputation and to improve governance. Government wants to implement the advice and start with the establishment of an Integrity Chamber, it was said.

The Integrity Chamber is to decide completely independently what integrity cases and violations it wants to investigate. It can carry out its own investigations, but also can act on reports provided by third parties. The investigations need to be autonomous, independent and impartial. The Chamber also is to provide government with advice about gaps in legislation and on maintenance of the law on integrity issues.

Government was inspired by the notion that "In ... environments where social, political and economic ties develop over multiple generations, informal relationship networks often govern how business and politics are conducted, and supersede formal rules and procedures," it was stated in the explanation.

The Integrity Chamber is to handle cases of corruption, violation of confidentiality, civil servants who are enriching themselves or favouring relatives and other personal relations, and other crimes from the inception of Country St. Maarten on October 10, 2010.

Catch 22

It was stated that government is very concerned about the "high frequency" and nature of "concrete" integrity violations mentioned in the integrity reports, which have insufficiently led to investigations into the facts and circumstances. The lack of investigations leads to persistent rumours that land government in a "Catch 22" situation, it was said. This needs to change, as integrity violations undermine the legal state.

Transparency of government is another means to take away the "appearance" of integrity violations, but discretion still would be required where privacy, national interest, pledges of secrecy and competition-sensitive business data are concerned, it was stated.

In the draft ordinance it is specifically mentioned that the Integrity Chamber is not to become an advisory board, which would fall under ministerial authority, but an independent administrative body to be established under national ordinance, as described in Article 98, sub 1, of the Constitution.

This would place the Chamber outside government echelons. However, the Minister of General Affairs would remain politically responsible for the execution of tasks by the Chamber. The relation is to be compared with the one that exists between the judiciary and the Minister of Justice.

The Chamber's independence is deemed of the greatest importance, as the Chamber's advice is expected to be "highly politically sensitive." Therefore, the Integrity Chamber has to be protected from political influence, the explanation states.

Toothless tiger

The Integrity Chamber is not to become a toothless tiger. Its advice is to be binding and in most cases will be provided to the Council of Ministers. In case it concerns a breach of integrity committed by a minister, the Chamber is to provide its advice to the Prime Minister. In case the Prime Minister is involved, the Chamber is to inform the Governor.

The binding advice does not have the force of law, but is to ensure the Council of Ministers implements the advice within six weeks. However, it is stated in the explanation that this does not mean the advice always would be followed, as government does have "freedom of policy."

In most cases ministers will be politically responsible in integrity issues. In those cases, it would be up to Parliament to question a minister's legitimacy and to draw conclusions concerning his or her position.

"An independent governing body cannot take a position in that constitutional relationship in the trias politica [separation of powers – Ed.]," it was stated. Therefore, the Integrity Chamber will not be provided with the "power of the sword," as this power, by means of a vote of no confidence, lies in the hands of Parliament.

The Integrity Chamber is to be supported by a secretariat with sufficient manpower. The general public would be able to report integrity violations by calling a hotline. Anonymous reports will not be allowed, but the identities of persons filing reports are not to be made public.

The Integrity Chamber is to report directly to Parliament, Government and the Kingdom Council of Ministers.

The Integrity Chamber's policy consultations and government's response are to be published in the National Gazette. All reports, (preliminary) investigations and binding consultations are to be submitted in a register. The Chamber is also to publish annual reports on its findings and operations.

The total cost of the Integrity Chamber is estimated at NAf. 1,366,000 per year. Some NAf. 330,000 already has been allocated in the 2015 budget. The remaining NAf. 1,030,600 will have to be found by a reallocation of amounts within the budget.