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The thorny issues for Anti-Corruption Authority are open

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The thorny issues for Anti-Corruption Authority are open

Michalis Hadjivasilis

They completed the 20 sessions in the Legal Committee on the bill establishing an Independent Anti-Corruption Authority, with the two thorny issues that occupied it from the first session still remaining open.

The manner of appointment of the members of the Authority and its powers are the two issues that are a thorn in the side of passing the relevant bill, however all parties hope that after the position of the President of the Republic the day before yesterday, that he has no objection to pass the Parliament the appointment of the members of the Authority, a new channel has been opened for consultation. Yesterday, the Parliament's Legal Committee re-discussed the issue and it was decided that the Minister of Justice will undertake to update the bill, after consulting with the parties. The goal is for the bill to go to the Plenary Session of the Parliament soon, but there is a problem with a second bill that also concerns corruption and is related to the lobby. The parties do not accept to prepare minutes for every meeting they will have with lobbyists, that is why everything is open.

Yesterday, the Legal Service submitted a proposal to the Commission so that the Authority has investigative powers and for this reason it referred to the legislation on the manipulation of sports games where the members of the Commission have the power to take deposits and issue decrees. It was also mentioned that the law on the Authority will be examined by the GRECO team for Cyprus and similar recommendations will be made.

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In a statement, the chairman of the commission, Nikos Tornaritis, said that they began to see the light at the end of the tunnel regarding the way of appointing the members and the powers of the Commission. Regarding the appointment of the members, he stated that the proposal envisages the appointment of an Advisory Council that will submit a list of 15 names to the minister. The minister, he said, will then come to Parliament to inform and discuss it and then through the Council of Ministers will proceed with the appointment. Things, as he said, must be and be clear, in order to ensure beyond any reasonable doubt the independence of these persons. DISY MP Fotini Tsiridou spoke about the preventive and investigative role that the Authority will have and pointed out the dangers if investigative powers are given, “since the process will be infected and cases will be lost”.

AKEL MP Aristos Damianos spoke about an appointment that seems to be independent, adding that the Republic of Cyprus is not deprived of anti-corruption laws, but that what is required is for public figures to serve their positions for the public interest and not for their own pocket. Reiterating the position that the Authority should “have teeth”, he expressed satisfaction that the Government is in line with the party's demand that Parliament and civil society play a role in the appointments and have responsibilities that allow it to carry out its mission. based on the Law on Research Committees. He added that many of AKEL's proposals are being adopted. He also said that there is an open discussion about the performance of investigative responsibilities in the Authority, based on the suggestion of the bar association, which, as he said, they are ready to discuss, however, as he said, some constitutional issues arise.

DIKO MP Christiana Erotokritou, expressed her satisfaction that the persistent position of DIKO regarding the appointment of the members of the Authority is accepted, in order to create a truly independent Authority. He also said that they insist on their proposal to amend the Constitution so that Parliament has a role, reason and opinion for the appointment of the members of the Authority. The MP of the same party, Panikos Leonidou, stated that the bill limits the investigative role of the Authority being established and there is an intense discussion whether, in addition to registering a complaint or complaint, it can proceed with something additional. He added that their position is that they should at least have research powers. Regarding the advisory body for the appointment of the members of the Authority, he said that everything will be clarified at the next meeting, while he added that he proposed a three-member committee consisting of the Attorney General, the Auditor General and the Commissioner of Administration.

EDEK MP Kostis Efstathiou spoke about a happy ending, since the Authority has been given sufficient responsibilities to proceed with investigations and prevention, while it depends on each of us, as he said, whether the institution will succeed. Finally, the MP of DIPA – Cooperation, Alekos Tryfonidis, stated that he welcomed the real political will that exists for suppression and the initiative of the minister for consultation on the independent way of appointing the members of the Authority.

Investigation yes, but no interrogations

The Minister of Justice, Stefi Drakou, also stated that they discussed how the powers of the Authority that exist in the bill can be further strengthened, in order to better perform the work for which it is created. The Authority clarified, answering a question, it will have powers to investigate, however the investigative powers fall to the Attorney General based on the Constitution. He also stressed that he will do his best to ensure that the relevant bill and other bills for the reform of the Judiciary are approved within the timetables for raising funds from the Recovery and Sustainability Fund.

There was a great deal of discussion in the Committee on how the five members of the Authority, the Transparency Commissioner and four members, will be appointed, what qualifications they will have and whether the Minister of Justice will be consulted. There was also concern about who will make up the Advisory Council that will recommend the relevant list of 15 candidates (three times the number of members of the Authority). The need for the Parliament to have a say was also stressed. Among the institutions proposed by members of the Committee that they could form this advisory body are the Attorney General, the Auditor General, the Commissioner of Administration, the president of the Academy of Letters and Arts or the president of the Synod of Rectors.

Source: www.philenews.com

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