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MPs’ disclosure of financial interests should be ‘mandatory’

Premier Michael Dunkley at the press briefing (Photograph by Akil Simmons)

Michael Dunkley said yesterday it should be mandatory for parliamentarians to declare their financial interests but he stopped short of pledging that his Government would introduce such a measure.

The Premier also told the media that an “overhaul” was needed to introduce transparency regarding political party funding and that it was something “we’ll work on”.

He claimed that both “important matters” — which he raised at a press conference about the recommendations in the recent Commission of Inquiry report — did not “fall solely within the remit of the Premier and the Cabinet” and required the input of the Legislature.

But last night, Opposition leader David Burt said the One Bermuda Alliance Government had had nearly five years to bring in campaign finance reform and tighten reporting requirements for the parliamentary Register of Interests.

“Only now, on the eve of a no-confidence vote and eve of an election, does the Premier make vague overtures to do something, but can’t say exactly what,” said Mr Burt.

Yesterday’s press conference heard an update from Mr Dunkley on how far the Government has got in implementing the 50 recommendations set out in the Commission of Inquiry’s report.

The 178-page document was published in March after the four commissioners probed the misuse of public funds for the financial years 2010, 2011 and 2012.

Mr Dunkley outlined what he called the “first tranche of recommendations” being worked on, including amending the ministerial code of conduct and imposing sanctions for non-compliance.

He then said: “The Cabinet at this time has agreed to not take action on some Commission recommendations because they do not fall solely within the remit of the Premier or the Cabinet.

“These include the requirement for parliamentarians to disclose any potential benefit, financial or otherwise, which could influence their actions, and requirements for the identity of all political campaign donors and donations to be reported and open to the public.

“In each case, these issues require the input of the Legislature and we therefore welcome its attention on these important matters.”

In response to questions, Mr Dunkley added: “No premier or Cabinet can make the decision to act on those two recommendations because members of the Legislature from all political parties have a say in that.”

Asked if he would table the COI report in the House, he said: “The report can be tabled and debated in the House any time. In regards to those two recommendations, those are recommendations that all members of the House need to opine on and, as the Premier, I am not about to say ‘this is the way it’s going to be’ because we all have a viewpoint.”

He would not detail how or when the two recommendations would be debated, saying only: “In time, you’ll find out ... I don’t have all the answers right now and until I consult with colleagues and a wider audience on those recommendations I am not going to put those things out there until I get it right.”

The Premier said he “fully” supported “tightening up the Register of Interests” for parliamentarians, which is voluntary at the moment.

“We have seen in the past where members have not updated the register and flatly some have refused to even get involved in it,” he said. “Members of the Legislature, I think we should hold our heads high and declare what we do.

“I believe that disclosure of members of Parliament, it should be mandatory. Of course I do, because when you are serving in public office, why would you want to hide anything?”

On the issue of election campaign funding, Mr Dunkley said: “It’s one thing for the government party to say they want to do it but the Opposition have to come on board as well.”

He added: “That’s something I would like to consult broadly with my colleagues on. I think there needs to be some kind of campaign overhaul because right now there is nothing, on donations. I think we need to have that discussion on that, yes, definitely.

“But parties have stayed away from that and as we go forward that’s not going to be something I’ll push aside, that’s something we’ll work on.”

Mr Burt said last night it was clear why the Premier could not “commit to the wholesale reform of the Register of Interests and campaign finance”.

He claimed the OBA relied on “substantial contributions from overseas and Bermuda to fill their election war chest,” as evidenced by the 2012 Jetgate scandal.

The PLP leader asked: “Why would they change that?”

The Opposition has proposed new laws to ensure full transparency on political campaign finance and to require MPs and senators to declare all their financial interests, including those held in trusts.

Mr Burt said the party would make good on those promises after the next election.

The COI report highlighted potential wrongdoing in relation to a number of government projects: five involving former premier Ewart Brown, three connected to former works and engineering minister Derrick Burgess and one to One Bermuda Alliance Senator Vic Ball, when he was a civil servant.

Mr Ball was reported to police by the commissioners due to “possible criminal activity” after he failed to report “a clear conflict of interest” in the awarding of a $1.4 million contract for sand and rock for road building to a company in which his father had a major interest.

Mr Dunkley said yesterday of Mr Ball: “He is not under criminal investigation. As far as I know, the commission recommended that the police look into this matter. The last I heard ... I spoke to the Senator probably Monday or Tuesday and I am sure he would update me on that.

“The police are free to investigate anyone they want — I think it’s good. I would hope that the police would have some questions so Senator Ball can clear his name on it but he is not under criminal investigation.”

To read the Premier’s full prepared statement, click on the PDF above.