113

113. RESTRICTIONS ON MATTERS FOR INVESTIGATION (1) In investigating any matter leading to, resulting from or connected with the decision of a Minister, the Parliamentary Commissioner shall not inquire into or question the policy of the Minister in accordance with which the decision was made. (2) The Parliamentary Commissioner shall have power to investigate complaints of administrative injustice under section 112 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage, corruption in the public service, but he or she shall not undertake any investigation into specific charges of corruption against individuals. (3) Where in the course of an investigation it appears to the Parliamentary Commissioner that there is evidence of any corrupt act by any public officer or by any person in connection with the public service, he or she shall report the matter to the appropriate authority with his or her recommendation as to any further investigation he or she may consider proper. (4) The Parliamentary Commissioner shall not investigate— 116 Cap. 1.01 Constitution of Saint Lucia Laws of Saint Lucia Revision Date: 31 Dec 2006 (a) any action in respect of which the complainant has or had (i) a remedy by way of proceedings in a court of law; or (ii) a right of appeal, reference or review to or before an independent and impartial tribunal other than a court of law; or (b) any such action, or action taken with respect to any matter, as is described in schedule 3 to this Constitution. (5) Notwithstanding the provisions of subsection (4) the Parliamentary Commissioner— (a) may investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings in a court of law if satisfied that in the particular circumstances it is not reasonable to expect him or her to take or to have taken such proceedings; (b) is not in any case precluded from investigating any matter by reason only that it is open to the complainant to apply to the High Court for redress under section 16 (which relates to the enforcement of the fundamental rights and freedoms).