The Good Governance Committee again presented the new subsection under section 119 of the Anti-Corruption (Amendment) Bill to the National Assembly today. During the discussion, a few members raised their concerns about the Royal Bhutan Police (RBP) and the Office of the Attorney General (OAG) investigating corruption cases at the behest of the Anti-Corruption Commission.
The new subsection under 119 states “Immunity under this section shall be effected by entering into agreement with the commission or lawful authority authorized by the Commission at any stage of investigation or any other proceedings.”
The issue was raised after questioning the usage of the term ‘lawful authority’ in the new clause.
“Yesterday, the issue was with the term lawful authority mentioned in the clause. I was of the view that it would be RBP when we say lawful authority. We talked with the commission, and they said lawful authorities are RBP and the OAG,” the chairperson of the Good Governance Committee, Ugyen Dorji, said.
However, some members said it is not right for these two institutions to investigate corruption cases as their mandates are different.
“It is not appropriate for the RBP and OAG to investigate corruption. Different organizarions have different mandates and this would be against the constitution. The RBP’s mandate is protection of law and to prevent crimes. OAG is is for prosection as per the constitution and ACC is to investigate corruption,” the Opposition Leader said.
“Going by the resposibility and mandate of the RBP, investigation of corruption is not their task. If we mention clearly one’s responsibility in line with the constitution, there won’t be any issue in the future,” added Tshewang Lhamo, the member of parliament of Bongo Chapchha.
However, the Prime Minister said the clause is not against the Constitution.
“I feel it depends on how one interprets. The law is not about making another organisation to carry out the task by any means. It says that the two organisations would do only if ACC asks them to do so. The clause says that the two authorised organisations are RBP and OAG,” the Prime Minister said.
The majority of the House agreed to adopt the new subsection.
Meanwhile, the members also agreed to two other new subsections proposed under 104 and 108 of the Anti-Corruption (Amendment) Bill. The committee presented the two clauses again with some changes. While the earlier clauses required payment of money or money’s worth while allowing the usage of seized or confiscated properties, the new clause allows usage without payment.
The National Assembly today completed its third reading on the Anti-Corruption (Amendment) Bill of Bhutan 2021. The Good Governance Committe made over 30 recommendations for ammendments. The Bill will be adopted on Monday and will be referred to the National Council.
Karma Wangdi/Kinley Dem
