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[Cyprus Times] The draft law of the Independent Anti-Corruption Authority is nearing completion

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The draft law on the Independent Anti-Corruption Authority is nearing completion The law on the Authority will also be examined by the GRECO team for Cyprus and similar recommendations

Next Wednesday, the Ministry of Justice is expected to submit a new draft text to the Law Committee of the Parliament on the issue of establishing an Independent Anti-Corruption Authority, in order to bring the long process of discussing the bill to a happy end.

Following Tuesday's wide-ranging meeting at the Presidential Palace, the Legal Affairs Committee re-examined the issue today, Wednesday, focusing on how to appoint the people who will make up the Authority and expanding the Authority's powers based on the powers of the investigative commissions.

Justice Minister Stefi Drakou said she would discuss with the parties and stakeholders on the specific points, so that next Wednesday she would bring a new text synthesising views in the context of constitutionality.

The Legal Service referred to the possibility of extending the Authority's powers to take testimony from people who know a case, with a view to broadening its investigative powers. It was also mentioned that the Law on the Authority will also be examined by the GRECO team for Cyprus and recommendations will be made accordingly.

The Minister also mentioned that it was discussed how these powers existing in the Bill could be further enhanced in order for the Authority to better perform the task for which it is being created. The Authority, in response to a question, clarified that it would have powers to investigate, however investigative powers fall to the Attorney General under the Constitution.

She also noted that she would do her utmost to ensure that the Bill in question, as well as other justice reform bills, are passed within the timelines for drawing funds from the Recovery and Resilience Fund.

He also referred to yesterday's meeting at the Presidential Office on the issue, noting that it was held in an excellent atmosphere and there was consensus, and based on what was also heard today in the Legal Affairs Committee, he will work with the political forces to send an amendment text to Parliament that synthesizes the views. He expressed the hope that the bill would be further improved in the context of constitutionality but also in order for the Authority to have the powers to carry out the important task of fighting corruption.



The members of the Committee discussed which persons should make up the advisory council that will propose to the executive certain persons for appointment. The need for Parliament to have a say was also stressed. Among the institutions suggested by members of the Commission that this advisory body could include the Attorney General, the Auditor General, the Commissioner for Administration, the President of the Academy of Arts and Letters or the President of the Assembly of Rectors.

In his statements, the President of the Commission, DISY MP, Nikos Tornaritis, said that they were beginning to see light at the end of the tunnel regarding the method of appointment of members and the powers of the Commission. Regarding the appointment of members, he said that the proposal provides for an advisory council to be appointed to submit a list of 15 names to the Minister. The Minister, he said, would then come to Parliament to brief and discuss with Parliament and thereafter the Minister through the Council of Ministers would proceed with the appointment. Things, he said, must be and appear clear to ensure beyond reasonable doubt the independence of these persons. He also said that they are coming up with a strong piece of legislation which they have to defend.

AKEL MP Aristos Damianou said that the Republic of Cyprus is not devoid of legislation to fight corruption, but what is required is for public figures to serve their positions for the public interest and not for their pockets. 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 should have a role in appointments and that it should have powers that allow it to carry out its mission under the Commissions of Inquiry Act. He added that many of AKEL's proposals were being adopted. She also said that there is an open discussion on giving investigative powers to the Authority, based on a proposal by the Bar Association, which she said they are ready to discuss, however, she said some constitutional issues arise.

DIKO MP Christiana Erotokritou welcomed the acceptance of DIKO's persistent position regarding the appointment of the Authority's members, in order to create a truly independent authority. She also said that they are sticking to their proposal to amend the Constitution so that Parliament has a say and opinion on the appointment of the Authority's members.

DIKO MP Panicos Leonidou said that the bill limits the investigative role of the Authority being established and there is a heated debate as to whether beyond discussing and recording a complaint or allegation, it can go into something additional. He added that their position is that it should at least have investigative powers. Regarding the advisory body for appointing members of the Authority, he said that everything would be clarified at the next meeting and said that he had proposed a three-member committee consisting of the Attorney General, the Auditor General and the Commissioner of Administration.

Hellenic Parliamentarian Kostis Efstathiou said that the whole process for the Authority will have a happy ending very soon, since the Authority has been given sufficient powers to carry out investigations and prevention, while it is up to each of us, he said, whether the institution will succeed.

PPP MP Alekos Tryfonidis said he welcomed the real political will that exists to crack down and the Minister's initiative to consult on the independent way of appointing members of the Authority while saying that it must also have substantial investigative powers. He expressed the hope at the forthcoming meeting of the Committee that they would have before them a final text for a vote in plenary.

Source: CNA


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