Parliament to make it harder to convict MPs for abuse of public office Loop Cayman Islands

Black Immigrant Daily News

According to a new Bill seeking to amend the Anti-Corruption Act (the “Act”), it is proposed that it become more difficult to prove that a person is guilty of abuse of public office. This is according to a Legislative Gazette published on November 7, 2022.

The specific provision, section 17 of the Act, currently states that:

A public officer or a member of the Legislative Assembly who does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another commits an offence and is liable on summary conviction to imprisonment for a term of two years.

The proposal being made by Parliament, although unseen by many people, will change this wording to require proof that a member of Parliament intentionally abused his or her authority of office in directing a thing to be done.

By having to prove an MP’s intent, the job of the Anti-Corruption Commission may now be harder.

It may be more difficult because the proof of “intent” could be an incredibly complex exercise, possibly requiring one to prove what was the relevant MP’s state of mind at the time, including whether he or she could foresee a particular consequence as being a natural consequence of his or her actions.

It may be the case that when members of the public learn of this proposed change, they may want to speak with their MP about the rationale for the change as the current wording appears to make an MP or public officer strictly liable for abuse of the power of their office, without having to decipher what was or what was not the MP’s intent.

For members of the public who wish to see this and other proposed changes to the Act, they may visit the below link:

http://gazettes.gov.ky/portal/pls/portal/docs/1/13216559.PDF

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