The Norman Manley Law School yesterday issued a stern warning against politically tainting the proposed legislation establishing the Financial Investigations Divisions of the Ministry of Finance.

In his submission to the Parliamentary Committee on the Financial Investigations Division (FID) Bill, Norman Davies signalled that the Norman Manley Law School was frowning on provisions of the bill which he argued gives the finance minister excessive powers.

Presentation focus

Much of Davies' wide-ranging presentation was focused on the questionable independence of the person who will be appointed head of the proposed FID.

He contended that there was need for a provision to secure the independence of the chief technical director given his or her extensive investigative, near-prosecutorial powers.

The finance minister is empowered to give policy direction to the FID.

Additionally, the director must report to the minister on the exercise of his function and the director is required to report to the minister any other matter requested by the minister of information which the finance minister deems necessary.

Davies contends that under the bill, FID officers have similar investigative powers to police.

He argued that conflicts could arise as FID officers report to the chief technical director of the FID who is answerable to the finance minister and the police who report to their commissioner.

Intrudes on privacy

The Norman Manley Law School representative also said the enforcement court order in the bill intrudes on the privacy of citizens by giving access to their confidential financial information.

Davies' submission generated a range of questions from opposition members A.J. Nicholson, Dr Peter Phillips and Senator Mark Golding who seemed satisfied with the powers accorded to the finance minister.

However, the committee will make its final decision at a subsequent sitting.

Committee Chairman, Finance Minister Audley Shaw, has asked the attorney general's department for its input on the submissions of the Norman Manley Law School.

Davies also suggested that the definition of financial crimes in the bill was too wide and open to exploitation.

He suggested that unambiguous provisions should be set out in the bill to prevent abuse.