Thursday, October 27, 2005

Corruption Canada

Canada is economical with its scandals. The long running ‘Sponsorship Scandal’, and the ensuing Gomery enquiry, are crawling toward resolution.
Every possible ounce of righteous indignation will be drained from the sorry affair.
The processes involved in the various enquiries should, of itself, constitute a scandal, but I suspect everyone has just about had enough.
Regardless of the ‘Gomery’ outcome, the few heads which might ‘sort of’ roll; the payoff must be the establishment of effective oversight measures.
Treasury Board President, Reg Alcock, has been charged with putting a structure in place within his office. While I don’t doubt Mr alcock’s integrity or efficiency, this is an approach fraught with potential dangers.
Chief among the problems the proposed structure faces is that the civil service will be called on to investigate themselves. This, with the best will, is always a questionable practice.
A second issue, evident already in the process, focuses on rules of conduct puts the cart before the horse. We are talking about responsible adults here; they know the consequences of their behaviour. Specify the elements of corruption then prosecute those who breach that code. That is how the law operates.

Effective anti-corruption agencies must be both independence and stand alone. They must have a brief which details what constitutes corrupt behaviour. They must have the teeth to investigate and compel witnesses to testify, under standard perjury rules.
Experience has shown that the most effective model is an independent, standing commission. The Independent Commission Against Corruption (ICAC) offers a ready made blueprint on how an effective agency is constituted.
During the legislation phase of ICAC’s creation, the NSW Premier Nick Greiner said:
"Nothing’s more destructive of democracy than a situation where people lack confidence in those administrators that stand in a position of public trust. If a liberal and democratic society is to flourish we need to ensure that the credibility of public institutions is restored and safeguarded and that community confidence in the integrity of public administration is preserved and justified."
Ironically, Greiner, a popular and likeable leader, was among the first victims of ICAC following a charge of cronyism. Charges of corruption against Greiner were later dismissed in court.

The ICAC have an established definition of corruption. You can find it on their web site. ICAC also have the powers of a commission which allow thorough investigation of issue to the point of recommending prosecution.
Canada’s Treasury Board has been promised the resources to establish an effective oversight. Those resources should now be transferred to a properly constituted, independent standing commission with the power to fight corruption within the system

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