FICAC Amendment Bill proposes additional powers for officers

FICAC Amendment Bill proposes additional powers for officers

By Vijay Narayan
Monday 30/05/2016
Attorney General Aiyaz Sayed-Khaiyum.

Parliament will debate on the FICAC Amendment Bill on Wednesday, which is proposing additional powers to FICAC officers and how to deal with confidential information.

While tabling the bill today, Attorney General Aiyaz Sayed-Khaiyum says new clauses in the bill amends sections of the FICAC Promulgation to empower FICAC officers to arrest a person without a warrant if they reasonably suspect that such person committed an offence.

However the power to arrest is limited to indictable offences.

The bill also proposes to empower FICAC officers to exercise the same powers given to police officers under the Criminal Procedure Decree.

It also amends sections to allow FICAC to seize evidence when conducting a search authorised by a search warrant.

The bill further empowers the Commissioner and officers to arrest without a warrant and to empower the Commissioner to prohibit any person under investigation by FICAC from leaving Fiji.

It also has amendments dealing with the purpose of restricting the Auditor‑General’s freedom  to view sensitive and confidential information in FICAC.

The proposed clause confines the Auditor‑General’s access to only financial and expenditure accounts maintained by FICAC’s finance department.

Clause 4 of the bill amends section 5 of the Promulgation to comply with section of the constitution which states that FICAC must be independent and not subject to the direction or control of any person or authority. The amendment seeks to remove the provision that the Commissioner is subject to the orders, direction and control of the President.

Opposition parliamentarians called for public consultations to be held on the bill through the Parliamentary Standing Committees.

SODELPA’s Semesa Karavaki says there is no urgency in this and the bill should go through consultations as it affects everyone in the country.

NFP’s Tupou Draunidalo also says that this bill deals with the personal liberties of individuals and it should not be fast-tracked.

A vote was taken and the bill is set for debate on Wednesday.

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