Witness Protection Bill read for first time

DETERMINED to stamp out corruption here, Attorney General and Minister of Legal Affairs Basil Williams on Friday read for the first time in the National Assembly the Witness Protection Bill 2017.

Williams in introducing the Bill said it (the Bill) seeks to introduce the establishment of a programme for the protection of certain witnesses and other persons. According to the explanatory memorandum, Part two of the Legislation provides for the establishment of the Witness Protection Programme and three agencies, an administrative centre, an investigative agency and a protective agency, to administer the programme.

The programme “lays out the functions of the three agencies and their interdependence on each other for the effective and proper administration of the programme.” It requires the disclosure of certain information to the administrative centre by the prospective participant, the prospective participant’s application to be in the prescribed form, that the participant understands the implications of being included in the programme and that he understands and signs the Memorandum of Understanding.

“In relation to criminal matters, the director of public prosecutions, where satisfied that the circumstances so warrant, shall prepare and submit the application in the prescribed form,” the explanatory memorandum stated.

Additionally, Part Three identifies the agency that will prepare the Memorandum of Understanding, the persons who will be eligible to sign (the prospective participant or where the circumstances so require, the person referred to in clause 7 (c) (i) and (iii) and countersign (the person authorised by the President for the purpose), and how the Memorandum of Understanding may be varied.

Part Four provides for a register of participants which shall contain detailed information in respect of each participant. It makes mandatory that all ancillary documents (the original of each Memorandum of Understanding, new identities issued under the programme, the original of each approval granted by the centre, identify documents returned to the centre) and the register shall be kept by the centre.

“However, in the interest of the due administration of justice, the centre may allow another approved authority (defined in clause 2) to have access to the ancillary documents and the register. Where the centre allows another approved authority access, the centre shall notify the approved authorities of such access,” the explanatory memorandum stated.

Meanwhile, Part 5 provides for protection of the participant and in instances where the participant has been provided with a new identity, he must obtain written approval from the Administrative Centre before he discloses his former identity. Protection and assistance under the programme may be terminated by the participant or the centre considers it appropriate, it may restore the participant’s former identity. “It also provides that the participant has 28 days after receiving notification from the centre, in regard to either the termination of protection or assistance or both, or where there is a decision to restore the participant’s former identity, to apply to the President for a review of the decision and the President shall allow him a reasonable opportunity to state his case.”

Back in 2016, consultations were held on the legislation and at that time, Attorney General Williams had said that the legislation encourages persons with incriminating information or evidence against persons who are in a position to intimidate them to be able to come forward and speak out without fear, particularly as the government seeks to continue its fight against corruption at all levels.

“This legislation is for the ordinary [people] to be confident that they can help in the fight to protect state assets, become witnesses, and be kept safely. The whole thing will help the fight against corruption in public office. We are putting in place, things to recover assets. In order to do that, we know we have to protect the people and encourage witnesses to come on board with us,” Williams had explained.
The consultations were done with the intent of giving ordinary persons the opportunity to make contributions to the legislation, so that same would be as comfortable as possible to those it will serve.

Meanwhile, the Protected Disclosures Bill 2016 was also read Friday read before the National Assembly for the first time. The Bill, commonly referred to as the ‘Whistle blowers Bill’ represents another step by the APNU+AFC administration towards full compliance with the Inter-American Convention against Corruption (1996), said Attorney General and Minister of Legal Affairs Basil Williams.

He said the Bill intitules an Act to combat corruption and other wrongdoings by encouraging and facilitating disclosures of improper conduct in the public and private sectors, to protect persons making those disclosures from detrimental action, to establish the Protected Disclosures Commission to receive, investigate or otherwise deal with disclosures of improper conduct and to provide for otherwise deal with disclosures of improper conduct and to provide for other related matters.

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