Legislation Must Ensure ICAC is Free from Nepotism or tribalism , say O'Neill
The Leader of the People’s National Congress Party, Hon. Peter O’Neill. CMG, MP,
has expressed his ongoing support for the proposed Independent Commission
Against Corruption (ICAC) legislation.
In voicing his support, he has made the point that independence and transparency
must be the cornerstone of the legislation and implementation moving forward.
“The ICAC legislation has been in development for several years, having first been
proposed by PNC in 1997,” Mr. O’Neill said.
“Despite many bureaucratic delays, it now is at a point whereby Parliament can debate
and then vote clear legislation into law.
“But there must not be compromise on the basic tenants of independence of the ICAC
that is above reproach.
“PNG ICAC should not be undermined by nepotism or tribalism, it must be truly
independent, and its findings and decisions made public without fear or favour.
“We have seen on too many occasions in our judiciary and Ombudsman Commission
that even some of our learned people have compromised and made decisions
because of political pressure.
“This compromise of legal process has to end, and our country given certainty that
ICAC is not a paper tiger, but is truly an independent constitutional body.
“It must have powers to investigate, to arrest and to prosecute cases of corruption in
both the public and private sector.
“The process for the Appointments Committee must be much more clearly articulated
so that key appointments, including that of the Commissioner are bipartisan and
independent.
“PNC proposes that the Appointments Committee should be made up of a
representative of the Government, a representative of the Opposition, the Chief
Justice and the Head of Council of Churches.
Mr. O’Neill said as part of the global community of independent nations, Papua New
Guinea must engage with our global partners and bring in international legal experts.
“Many other jurisdictions have created their own Independent Commissions Against
Corruption, and there have been many lessons learned that we must draw from
“We must appoint global experts to oversee the operation and objectivity of ICAC that
are not only above being compromised, but have the confidence of the public that
there are no perceptions that they could be compromised.
“There is strong bipartisan support for the passage of this legislation, and this will
remain intact so long as the government can commit to the required levels of
independent oversight.
“A true ICAC will be attuned to being independent of political influence, and understand
the underlying dynamics and politics of individuals who are opposed to anti-corruption
measures.”
Peter O’Neill said the key elements of the proposed ICAC must not be diluted and
ICAC powers recognised and enforceable.
“There must be clear articulation of the functions and powers of the Commission and
the requirement for co-operation from other government agencies and bodies.
“The process for the referral of matters must be clear and not be able to be summarily
dismissed by vested interests in agencies of government or political interference.
“There must be a clear process for registering complaints so that they are attended to
and matters are not shelved for political reasons, as we have seen all too often in other
agencies in the past.
“There must also be measures in place that can identify and ensure the full disclosure
of any conflicts of interest by any person in a position of authority, or who is providing
evidence or information to the ICAC.
“Persons who are subject to investigation must further have the right to competent
legal representation at hearings and access to a full disclosure of all relevant
documentation.
“Finally, the Papua New Guinea ICAC must be properly and fully funded, with access
to modern technologies that will enable its work can be properly undertaken without
fear of compromise.
“After more than two decades, our country is close to enshrining in law a truly
Independent Commission Against Corruption.
“All Members of Parliament must be involved in the scrutiny of the legislation and any
amendments that are required to achieve the ICAC objectives that we have declared
to serve our country for generations to come.”
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has expressed his ongoing support for the proposed Independent Commission
Against Corruption (ICAC) legislation.
In voicing his support, he has made the point that independence and transparencymust be the cornerstone of the legislation and implementation moving forward.
“The ICAC legislation has been in development for several years, having first been
proposed by PNC in 1997,” Mr. O’Neill said.
“Despite many bureaucratic delays, it now is at a point whereby Parliament can debate
and then vote clear legislation into law.
“But there must not be compromise on the basic tenants of independence of the ICAC
that is above reproach.
“PNG ICAC should not be undermined by nepotism or tribalism, it must be truly
independent, and its findings and decisions made public without fear or favour.
“We have seen on too many occasions in our judiciary and Ombudsman Commission
that even some of our learned people have compromised and made decisions
because of political pressure.
“This compromise of legal process has to end, and our country given certainty that
ICAC is not a paper tiger, but is truly an independent constitutional body.
“It must have powers to investigate, to arrest and to prosecute cases of corruption in
both the public and private sector.
“The process for the Appointments Committee must be much more clearly articulated
so that key appointments, including that of the Commissioner are bipartisan and
independent.
“PNC proposes that the Appointments Committee should be made up of a
representative of the Government, a representative of the Opposition, the Chief
Justice and the Head of Council of Churches.
Mr. O’Neill said as part of the global community of independent nations, Papua New
Guinea must engage with our global partners and bring in international legal experts.
“Many other jurisdictions have created their own Independent Commissions Against
Corruption, and there have been many lessons learned that we must draw from
“We must appoint global experts to oversee the operation and objectivity of ICAC that
are not only above being compromised, but have the confidence of the public that
there are no perceptions that they could be compromised.
“There is strong bipartisan support for the passage of this legislation, and this will
remain intact so long as the government can commit to the required levels of
independent oversight.
“A true ICAC will be attuned to being independent of political influence, and understand
the underlying dynamics and politics of individuals who are opposed to anti-corruption
measures.”
Peter O’Neill said the key elements of the proposed ICAC must not be diluted and
ICAC powers recognised and enforceable.
“There must be clear articulation of the functions and powers of the Commission and
the requirement for co-operation from other government agencies and bodies.
“The process for the referral of matters must be clear and not be able to be summarily
dismissed by vested interests in agencies of government or political interference.
“There must be a clear process for registering complaints so that they are attended to
and matters are not shelved for political reasons, as we have seen all too often in other
agencies in the past.
“There must also be measures in place that can identify and ensure the full disclosure
of any conflicts of interest by any person in a position of authority, or who is providing
evidence or information to the ICAC.
“Persons who are subject to investigation must further have the right to competent
legal representation at hearings and access to a full disclosure of all relevant
documentation.
“Finally, the Papua New Guinea ICAC must be properly and fully funded, with access
to modern technologies that will enable its work can be properly undertaken without
fear of compromise.
“After more than two decades, our country is close to enshrining in law a truly
Independent Commission Against Corruption.
“All Members of Parliament must be involved in the scrutiny of the legislation and any
amendments that are required to achieve the ICAC objectives that we have declared
to serve our country for generations to come.”
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