Concerns over power for PM

National

IT is dangerous for the prime minister to be given powers to stop investigation into corrupt conduct where he determines the matters under investigation should be kept secret, an advocate says.
Act Now campaign manager Eddie Tanago, in his presentation to the parliamentary committee on Constitutional Laws and Acts and Subordinate Legislations on the draft Independent Commission Against Corruption (Icac) Bill, said this meant the prime minister could obstruct any investigation.
“Section 54 (5) of the draft bill gives absolute power to the prime minister effectively to block investigations into corrupt conduct where he determines the matters under investigations should be kept secret,” he said.
“It is very dangerous for the prime minister to be given such broad and absolute power.”
Tanago said that section of the draft bill should be removed.
He said if the power to exclude an investigation on grounds of national security was necessary, it should be the commissioner who should make that determination.
“If the prime minister, or anyone else disagrees with the commissioner’s decision, that could be challenged through the court,” he said.
Tanago said the law to establish an Icac should not be looked at in isolation. “Corruption is now so systemic and systematic in PNG, so entrenched and pervasive, that a single new institution will not be enough to bring it under control,” he said.
“Instead, we need a comprehensive and far-reaching set of reforms, including laws to protect, encourage and empower whistleblowers.
“Unfortunately, the Whistleblower Act passed by Parliament in January is woefully inadequate.
“It offers no effective protection and is likely to actively discourage people from coming forward.”
Tanago said Act Now had consulted international experts on whistleblower laws and the author of the 2018 Best Practice Guide for Whistleblower Legislation Marie Terracol confirmed that the PNG law failed to meet 21 out of 24 international benchmarks. “We urge the committee to urgently look at reviewing the Whistleblower Act.”