A bill that would impose prison sentences for a wide range of government corruption offences was tabled for discussion in the Legislative Assembly last week.
Mr. Bulgin |
Attorney General Sam Bulgin said the discussion bill incorporated elements of what is commonly referred to as the OECD Bribery Convention along with the UN Convention Against Corruption.
‘On a reading of the bill, we will see that it contemplates offences such as bribery of legislative members; bribery of public officers; frauds on the government; contractors illegally subscribing to election funds; breach of trust by public officers; selling or purchasing of public office; false claims by public officers; abuse of office; and false certificates by public officers; as well as other offences,’ Mr. Bulgin said.
The bill extends to members of the Legislative Assembly, public officers and private individuals.
Proposed prison sentences under the bill range from two years to 14 years depending on the offence.
For example, a member of the Legislative or a public officer who accepts a loan, reward, advantage or benefit for himself or another person in respect to anything he does or omits to do in his official capacity would be liable, upon conviction, to imprisonment for 14 years, as would the person offering the bribe.
Any person who even pretends to have influence with the Government and accepts or offers to accept a gainful reward of some kind in consideration for Government cooperation, or assistance, by act or omission of an act, is liable to imprisonment of 10 years if convicted.
The bill also legally obligates public officials to report offers of bribes, failing which they could face, upon summary conviction, a two-year prison sentence and a $20,000 fine.
Mr. Bulgin noted that enacting the anti-corruption legislation was an ongoing effort that spanned many years.
‘Indeed, some of us will recall that some years ago a draft bill was distributed to honourable members of the Legislative Assembly for discussion,’ he said. ‘That was in fact as far back as 2003.’
He explained that the delay in implementing the legislation occurred when the UK government subsequently signed the UN Convention Against Corruption in December, 2003.
‘We were then quite properly advised by the UK that we might wish to consider the principles of that convention with a view to taking steps to incorporate the relevant provision into any proposed domestic legislation of the Cayman Islands,’ he said.
By incorporating elements of the UN Convention into original bill, which was based on the OECD Bribery Convention, the revised bill is much wider in scope, Mr. Bulgin said.
Cayman also delayed moving forward with the bill because it had been tracking the progress of the UK’s similar bill, which is due for another reading in October.
‘This does not necessarily mean that we will have to await the enactment o the UK legislation before moving ahead with ours, although it would be a more desirable approach.’
Mr. Bulgin said the Cayman Islands was committed to partner with all civilised countries in the global effort to combat corruption in all of its manifestations.
‘The eventual enactment of this additional piece of legislation… will provide the Cayman Islands with an even greater comprehensive framework within, which not only to intensify our local efforts, but to also provide international cooperation in the global fight against bribery and corruption,’ he said.
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