28 February, 2008

Integrity Pacts


Anti-Corruption Tools. In looking at the question of preventing future corruption in public contracting, we in Anguilla would do well to look at the Integrity Pact. This is a tool that has been developed by Transparency International. More can be learned about it on the TI website.

The IP consists of a process that includes an agreement (entered into before bids are invited) between a government agency and all pre-qualified bidders for a public contract. It contains rights and obligations to the effect that neither will pay, offer, demand or accept bribes, collude with competitors to obtain the contract, or engage in such abuses while carrying out the contract. The IP also introduces a monitoring system that provides for independent oversight and accountability.

Bidders should disclose all commissions and similar expenses paid by them to anybody in connection with the contract. Sanctions apply in case of violation. These sanctions range from loss of contract, forfeiture of the bid or performance bond and liability for damages, to debarment of bidders from future contracts. Criminal or disciplinary action against employees of government are assured. IPs encourage companies to refrain from bribing by providing assurance that their competitors will also do so. Governments and government officials also have the assurance of a clear framework that protects them from dubious offers.

Governments are able to reduce the high cost of corruption in procurement. Successful implementation on a major project can go a long way to restoring public confidence in a country’s procurement process.

The Integrity Pact has shown itself adaptable to many legal settings. It is flexible in its application. No new legislation is required for its introduction. So far, the IP process has been successfully implemented in about 20 countries around the world. Victor Hart reports in his speech of 15 February 2008 to the Institute of Structural Engineers that regrettably, despite lobbying by T&T’s Transparency Institute, the government of Trinidad & Tobago is yet to use the IP on any of its projects.

In Anguilla, no contractor or engineer has yet begun to lobby for Integrity Pacts. No one is even thinking about the issue. We would not be surprised to learn that the government of Anguilla is not contemplating using the Integrity Pact on any of its major, upcoming projects.


5 comments:

  1. To many in the Cribbean, ethics is a county in the south of England.

    Moral turpitude is anything worse than eating a pie on the street.

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  2. Some talk as if the Caribbean and black people are the most unethical and corrupt in the world. Ethics and corruption isn't a Caribbean problem, its a worldwide problem. There are more unethical politicians and white collar gangstas in America and England.

    I can see the mix up between ethics and Essex though - you know what they say about Essex girls.

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  3. We all want a lot of things in this life but in reality we only obtain a sparse few.Indeed it would be refreshing to have such p[olicies and regulations in place but no one seems willing to fight for them.No one appear to be willing to fight for it.No one want to make the sacrifices because it requires strong determination to go up against those inseats of power.
    There is some consolation in the fact that we have some promising young politicians who want to try but our people are so caught up in the web of deception that they are reluctant to support them and bring about the changes we all seek.

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  4. Corruption is all around us but why dwell on the fact that it is in other countries?We need to clean up our own back yard/house first and not take offense when some one points it out.Corruption is not good for anyone because it destroys the country as a whole.Once it rears its ugly head it is really hard to eradicate.We have a unique situation in that we are a smalll society and it can be easily spotted.our policies should reflect our disdain for such practices but I must say that they dont adequately do that or come near to protecting or preserving ethics or ethical behaviour.We have a great opportunity to make our society a role model for the rest of the region and the world if we just take the time to craft and draft our laws or statutes carefully and responsibly.

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  5. Fairness is forgotten in a culture of tax avoidance that shames Britain.

    "That searchlight shines brutally on Britain. We have direct legal responsibility for more of the world's shady places than any other country - Jersey, Guernsey, the Isle of Man, Anguilla, British Virgin islands, Belize, the Cayman Islands and more."

    http://www.guardian.co.uk/commentisfree/2008/feb/29/2

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