Prime Minister Silveria Jacobs.
~ Jacobs: Govt. gift policy ready before mid-Dec. ~
PHILIPSBURG--Ministers should not accept gifts in cash; gifts valued at more than NAf. 100 and gifts totalling more than NAf. 200 from the same source in one year.
Special attention should also be paid when a gift may be offered from what is considered a risk country. These recommendations are amongst a package of advice from the Integrity Chamber to the Council of Ministers that can be included in a ministerial gift policy.
Government had requested the Chamber’s advice on establishing guidelines for the giving and receiving of gifts by ministers. In its advice, the Chamber said a comprehensive Ministerial Gift Policy would help to enhance the promotion of integrity within government and would protect ministers against possible allegations of misconduct.
The Chamber suggested that the ministerial gift policy should consist of a clear definition of the term “gift” as this would provide ministers and the public with a detailed understanding of the subject. In addition, it ensures fewer ambiguities, loopholes, and avenues whereby the policy can be circumvented.
The Integrity Chamber advised that the definition include anything of monetary value, including a gratuity, favour, discount, entertainment, training, transportation, lodging, meals and any other commonly-given or -received item, fully or partially paid for by the giver. Excluded from this definition could be promotional gifts of low intrinsic value such as pens, notepads, calendars, mouse pads, keychains and other similar items.
Establishing a monetary limit helps ministers in determining what is acceptable, the Integrity Chamber said.
“A limit gives the public a clear indication of what is acceptable in society. The acceptance of gifts valued at NAf. 100 or less appears to be the value utilised in multiple regulations. The Integrity Chamber advises that this limit also be used for ministers. It is also recommended that ministers accept no more than NAf. 200 in gifts from the same source in a calendar year. Gifts in cash should never be accepted.”
As it relates to the giving of gifts and assigning a monetary limit, there seem to be few to no regulations utilising such a limit, it is stated in the advice.
“However, the Integrity Chamber recognises that this omission may result in integrity risks. A minister, while showing appreciation to a person, entity or organisation providing a service to the country, might give a gift that does not fall within the norms of what is seen as acceptable. This allows for misuse of government resources and the possible use of the gift as an (extraordinary) compensation,” it was stated in the advice.
A list of pre-approved gifts could be established that would assist ministers in adhering to acceptable norms.
In addition to the monetary limit, it is important to determine the intent of the gift, the Chamber said. Considering the giver’s intent will allow ministers to circumvent the appearance of impropriety, even if the gift is valued within the monetary limit. A minister should not provide or accept any gift, in his/her official capacity, when there is a reasonable suspicion that the gift was given because of or for an action executed in his/her capacity.
The intent of the gift can be determined by answering the following questions: Why was the gift given? When was the gift given (e.g. before or after an official duty)? Is the gift or service in direct correlation to a specific performance? Is the gift personal or is it a gift of state? Is there a risk of reciprocity? Was this an incidental case, or are gifts frequently received from the concerned party? Are there any other government officials who enjoy the same relationship and frequently receive gifts or services?
The Integrity Chamber advised government to expound on the importance of determining the intent of the gift in the gift policy with these questions being used as a guide.
The Integrity Chamber also recommends the registering of all ministerial gifts in a “Ministerial Gift Register.” The gift register will allow for transparency and will eliminate any perceived arbitrariness in deciding whether to accept a gift.
The Ministerial Gift Register can serve as a systematic, documented process of gift registration and should contain a description of the gift, the sender, intended recipient, (estimated) value, occasion, date and whether the gift was accepted or denied (if denied, was it returned or disposed of).
All gifts, given or received, should be documented in the Ministerial Gift Register. It is recommended that gifts are registered as soon as possible, ultimately within one week of receipt. The registry should be publicly available online.
For the policy to have the desired results, it is important, the Chamber said, for it to be consistently applied and enforced. To achieve this, it is recommended to appoint a person or department to supervise the policy execution. This will create the centralisation of the process of giving and receiving gifts and will ensure all gifts are handled in the same way.
If it is unclear whether a gift is (in)appropriate, this can be decided by the Policy Supervisor. This removes the pressure from a minister to accept a potentially inappropriate gift from an acquaintance.
According to the Integrity Chamber, it is possible that a minister (inadvertently) gives or receives a gift that could be inappropriate or otherwise does not adhere to the policy. For such breaches of policy, there should be a reporting system. The Integrity Chamber, therefore, advises the development of a reporting system. This should be incorporated in the Ministerial Gift Policy.
Another necessary measure is the future incorporation of the gift policy into a more comprehensive Code of Conduct for ministers. There are several other aspects of behaviour that affect public trust and good governance that can be regulated, such as confidentiality and various conflicts of interests. The Integrity Chamber, therefore, advises to further develop the gift policy into a Code of Conduct for ministers.
The Chamber said special attention should also be paid when a gift may be offered from what is considered a risk country.
“There are certain countries that are known for their high level of corruption within government and for their unethical behaviour, such as trying to influence and/or spy on other countries. The Government of St. Maarten should exercise caution when giving or receiving gifts from such countries.
“It is recommended that prior to meetings with foreign officials, there is consultation on the (omission of) exchanging of gifts. It is ultimately up to government to make clear to foreign officials what the policy is concerning ministerial gifts and to evaluate on a case-by-case basis, the (in)appropriateness of exchanging gifts.
“If, based on protocol or custom, a gift above the norm of NAf. 100 must be accepted, this gift should be accepted as a gift of state and should remain in possession of Government and not the individual minister.”
Policy
In the meantime, government should have a ministerial gift policy ready for final approval by mid-December, Prime Minister Silveria Jacobs assured in a letter to the Integrity Chamber dated September 16. The intention is for the policy to ultimately be an element of the Ministerial Code of Conduct.
Jacobs said in the letter that government’s ultimate goal is to produce a ministerial gift policy that is comprehensive yet not too lengthy, that is comprehensible and not ambiguous, for not only ministers, but also gift-recipients, -givers and the public at large. Communication in this regard is essential, she said.
“Government’s current reality is addressing the current COVID-19 pandemic and consequential precarious financial and economic situations.
“Our Secretariat supports us in this regard and has therefore limited time to finalise the gift policy at this time. Nevertheless, it has been agreed that before mid-December 2020, the policy should be ready for final approval. This period should suffice for the Secretariat to conduct interviews and have feedback sessions with direct and indirect stakeholders of those involved in the process. Our secretariats will continue their dialogue on the matter at hand as well.”
The Integrity Chamber’s advice as and the Prime Minister’s response are published in the October 30 edition of the Landscourant van Sint Maarten (National Gazette).
