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Wednesday, March 25, 2015

The UK anti-corruption team should stay in Peru to help the fight against corruption

Fighting corruption in the Caribbean



BY AL EDWARDS
Friday, February 21, 2014    
John McKenzie

RIGHT across the Caribbean region there is a clarion call to put measures in place to fight corruption and pursue greater transparency in both the private and public sectors.
Adding his voice to the call is leading UK anti-corruption barrister John McKendrick. He was appointed by the British Government to be a part-time judge in 2010. He is standing junior counsel to the Advocate General for Scotland and was called to the Bar of the Eastern Caribbean Supreme Court (BVI).
McKendrick believes that the rule of law is essential for economic development. He contends that corruption undermines and weakens the rule of law. He believes that essential to the rule of law is an independent judiciary.
He draws attention to the position held by former Lord Chief Justice of England and Wales Tom Bingham, who argues the rule of law is essential for economic development.
Successful conduct of trade, investment and business is promoted by a body of accessible legal rules governing commercial rights and obligations.
McKendrick declares that no person is likely to do business in a country where the parties' rights and obligations are vague or undecided or the means by which such rights can be enforced are unclear.
Bingham quotes Alan Greenspan, former chairman of the US Federal Reserve Bank, who when asked what he considered the single most important contributor to economic growth, answered: "The rule of law."
Many Caribbean countries that feature on Transparency International's Corruption Perception Index (CPI) would like to have a better ranking. Transparency International said that a country's score indicates the perceived level of public sector corruption on a scale of 0 - 100, where 0 means that a country is perceived as highly corrupt and 100 means it is perceived as very clean. A country's rank indicates its position relative to the other countries and territories included in the index. Last year's index includes 177 countries and territories.
For 2013, Barbados was found to be the least corrupt Caribbean country with many other countries in the region featuring in the 56-136 ranking range.
So which countries in the Caribbean and Latin American region does McKendrick see as exhibiting commendable anti-corruption and transparency practices?
Speaking with Caribbean Business Report from the British High Commission on Trafalgar Road in Kingston, he said: "One of the countries where I have seen a much more coherent response to corruption and transparency problems is Costa Rica. The reason for this is that Costa Rica has a history of strong institutions due in the main to the longevity of its democracy. The strength of its civil society stands out.
"I must also commend its judiciary which has assisted the country in its climb up the indicators of Transparency International.
"Costa Rica is now in the top 50 least corrupt countries in the world. Jamaica is placed at 83, Guyana at 136 with Venezuela coming in at 170-plus.
"Within the Caribbean there is a mixed record. Some of the smaller territories are doing quite well such as the British Virgin Islands which has stood out over the last 10 years. It is difficult to compare Jamaica with the British Virgin Islands because it is a very small territory predominantly dependent upon financial services and tourism. This means it does not have the large-scale procurement projects that attracts corruption. From the extent to which its institutions have been strengthened and have increased GDP per capita, the British Virgin Islands has done very well.
"Now Jamaica has done relatively well when compared with a country like Guyana. Guyana has a much higher perception of corruption than Jamaica and it has a 50 per cent higher GDP per capita than Guyana. My concern for Jamaica is that if you look at it long-term, GDP per capita is not as high as one would like to see."
There are international commentators who have observed that the tolerance for corruption in Jamaica is abating and that its people are holding public officials more accountable. Corruption is not a Government problem but rather, a societal one including the press and the private sector. Ultimately, citizens can vote governments out as the people of Jamaica did in 2011 after the "Dudus" debacle.
" One of the major concerns I have heard about in Jamaica is the ability of citizens to speak out and report crime, whether it be bribery or violent crime. People are worried that to do so will bring negative consequences. There is a sense of growing levels of impunity because people are concerned that institutions are not secure so when they want to raise these matters, they are putting themselves at risk," said the UK lawyer.
Earlier this year one of the multilateral agencies raised concerns about extra-judicial killings and the police in Jamaica. What does McKendrick make of these allegations?
"It is a serious allegation. Historically, in countries where the state is struggling, almost failing like we have seen in the past in Brazil, Colombia and even in the UK, where there were allegations of government-backed paramilitary death squads in Northern Ireland, it is a worry. Even in a developed country, these allegations can surface. It is important that such allegations are robustly reported and it may well be the best way to do this is to get the international organisations involved. "Sometimes institutionally within one jurisdiction it is very difficult to investigate that type of allegation from the domestic authorities alone."
He added that the UK Bribery Act could be a template for the Caribbean to emulate. McKendrick pointed out that it is a short piece of straightforward legislation and it is something that jurisdictions can apply.
"The key thing here I would like to underline is that the existing laws of the respective Caribbean countries must be effectively implemented. There is a danger that if a debate grows to, say, "let's have this and that law in Jamaica", too much focus will be made on passing that law and focus will be lost on implementing current laws against bribery and in favour of transparency."

John McKendrick

John McKendrick
Call date: 1999
Email: John McKendrickClerk: David Smith
Areas of Law:Business & Banking, Disciplinary & Regulation, Public Law
Practice summary
John has provided his clients with high quality legal services for over fifteen years. His practice focuses on public, regulatory and commercial work. He regularly acts for Her Majesty’s Government before the UK courts following his appointment to the Attorney General’s B Panel of Counsel in 2012 and his appointment as standing junior counsel to the Advocate General for Scotland (John is a qualified advocate in Scotland).
John was Times Lawyer of the Week in September 2013.

John is highly ranked in a number of areas of law in the Legal 500 and Chambers Partners and has recently been described as “an incredibly articulate advocate” and “an excellent and astute practitioner” who has received “outstanding feedback”.

Much of John’s practice focuses on public and regulatory matters. He regularly appears in the Court of Appeal, the High Court, the Administrative Court, the Court of Protection, the Upper Tribunal, disciplinary hearings and specialist tribunals. He has experience of litigation involving all forms of public law decision making including cases which deal with: human rights; healthcare; commercial and financial services; education; public procurement; mental health and incapacity; immigration; and local government.

John has particular expertise in the Court of Protection where he has acted in a number of significant property, social welfare and serious medical treatment cases. He has regularly appeared on behalf of the Official Solicitor. John is a member of STEP and worked for two years in fiduciary services.  John successfully acted for the local authority in the ground breaking case, in which Eleanor King J approved the sterilisation of a learning disabled man, making legal history.

John has significant experience of commercial litigation in the County and High Courts. He has advised large organisations and appeared in a number of commercial disputes before the courts.  Recent examples include being led by Richard Lissack QC on behalf of a major oil company; advising a major pharmaceutical company on a non compete agreement; advising shareholders of an off-shore company in respect of a substantial property dispute and representing the Pearson group in a successful defence of an appeal against a strike out decision.

John worked for a leading Panamanian law firm for two years and has worked across Latin America and the Caribbean. He was called to the Bar of the Eastern Caribbean Court in the Territory of the Virgin Islands (the BVI) in March 2013. John has experience of arbitration in Latin America.

John has advised foreign governments, civil society and commercial organisations on anti-money laundering policies, due diligence and anti-bribery and fraud procedures. He has trained the Foreign and Commonwealth Office and worked with British Embassies overseas on the rule of law/transparency and anti corruption measures.
John has worked in Panama, Costa Rica, Nicaragua, El Salvador, Guatemala, Honduras, Jamaica, Guyana and Trinidad and Tobago. He speaks fluent Spanish.
Recent Cases:
Archer v Governor of Low Newton Prison [2014] EWHC 2407 (Admin)
http://login.westlaw.co.uk/maf/wluk/app/document&suppsrguid=
The Mental Health Trust and Others v DD and BC (No. 2) [2014] EWCOP 13
http://www.bailii.org/ew/cases/EWCOP/2014/13.html
BK and AS v Secretary of State for the Home Department [2014] CSOH 109
http://www.bailii.org/scot/cases/ScotCS/2014/2014CSOH109.html
The Mental Health Trust and Others v DD and BC [2014] EWCOP 11
http://www.bailii.org/ew/cases/EWCOP/2014/11.html
The Mental Health and Acute Trust and The Council v DD and BC [2014] EWCOP 8
http://www.bailii.org/ew/cases/EWCOP/2014/8.html
Northamptonshire Healthcare NHS Trust v ML and Others [2014] EWCOP 2
http://www.bailii.org/ew/cases/EWCOP/2014/2.html
R (ota Lee Hirons) v Secretary of State for Justice [2014] EWCA Civ 514
http://www.bailii.org/ew/cases/EWCA/Civ/2014/553.html
A Local Authority v TZ (No. 2) [2014] EWHC 973 COP
A Local Authority v TZ (No. 2) [2014] EWHC 973 (COP) (01 April 2014)
DC Accountancy Services v Education Development International PLC [2013] EWHC 3378 (QB)
http://www.lawtel.com/UK/FullText/AC9401419QBD.pdf
Kasonga& Another Re Judicial Review [2013] CSOH 152
Kasonga & Anor, Re Judicial Review [2013] ScotCS CSOH_152 (10 September 2013)
A NHS Trust v DE [2013] EWHC 2562 (Fam)
A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)
A Local Authority v TZ [2013] EWHC 2322 (COP)
A Local Authority v TZ [2013] EWHC 2322 (COP) (31 July 2013)
Harrow Council v AM [2013] UKUT 157 (AAC)
Harrow Council v AM [2013] UKUT 157 (AAC) (27 March 2013)
A Local Authority v K [2013] EWHC 242 (COP)
A Local Authority v K [2013] EWHC 242 (COP) (15 February 2013)
Secretary of State for the Home Department v Darwins College [2012] EWCA Civ 354
Darwins College Ltd v Secretary of State for the Home department [2012] EWCA Civ 354 (15 February 2012)
McKendrick, JohnThe Legal 500 - The Clients Guide to Law Firms

"He has a tenacious, no-nonsense approach, and is very persuasive and articulate, and first rate with clients." "Exceptionally bright, he can just take instructions and come up with a plan the next morning. He's a bit of a magician in that way, and he's brilliant to work with."
Chambers and Partners 2015
‘An excellent lawyer.’Civil liberties and human rights, Legal 500, 2014
‘Strong in Court of Protection cases.’ Legal 500, 2014
“A responsive, determined advocate,” “he brings clarity and calmness and is extremely good with difficult parties.” COP, Chambers & Partners 2014
"A ferocious, skilled, efficient advocate, with a wide-ranging practice." "He's a pragmatic and capable advocate, who understands schools and is extremely popular with clients."Education, Chambers & Partners 2014
"reliable, innovative, conscientious and very committed to clients."Chambers & Partners, 2013

He is "an incredibly articulate advocate with a skill for distilling a dispute down to its key elements," and "presents cases succinctly but thoroughly." He is praised for his "particular strength in assimilating large amounts of detail accurately and sometimes at short notice."Chambers & Partners, 2013
 
John McKendrick of Outer Temple Chambers is widely considered to be an "excellent and astute practitioner," who many say they would use without hesitation. Someone who can be counted on to do a "first-rate job," Chambers & Partners, 2012
Also highly praised is John McKendrick, who continues to enhance his reputation for independent schools work. Instructing solicitors agree he is "extremely flexible and generous with his time," whilst peers admire him as a "sharp and precise opponent.”Chambers & Partners, 2011
“...extraordinary commercial, user friendly and sharp.” Chambers & Partners, 2009
‘excellent knowledge of the law’ Education, Legal 500, 2011
"...formidable knowledge of the education field...inspiring confidence."Legal 500, 2009
Appointments & memberships:
  • Advocate, Member of the Faculty of Advocates, Scotland (Terra Firma Chambers)
  • Part Time Tribunal Judge, Additional Support Needs Tribunal, Scotland
  • Major Scholar, Inner Temple
  • Trustee, Migrants Resource Centre
     
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