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Opposition to amend financial laws to penalise culpable Ministers

Feb 23, 2012 News

 

The Fiscal Management and Accountability (FMA) of 2003 which was assented to then Head of State Bharrat Jagdeo stipulates a barrage of penalties for public officials that mismanage or are culpable in malfeasance as it relates to public funds, but Ministers of Government seem to be exempt.
This however will change as long as the Joint Opposition parties in Parliament have their way in the National Assembly.
Point man on finances for A Partnership for National Unity (APNU) Carl Greenidge says that the opposition will be pushing for Ministers to be featured more prominently in the schedule of penalties.
Speaking generally on accountability within the public service as it relates to public officials and the nation’s money, Greenidge said that, “The officers and the Ministers responsible have to realize that they are accountable for the use of Public Funds…We are not speaking about small amounts of money here.”
Greenidge reminded also that the Fiscal Management and Accountability Act of 2003 actually stipulates penalties for officials who partake in such transactions causing a loss of resource to the state, “so they can take action….There are regulations and laws in place that can be invoked.”
The APNU Parliamentarian said that the People’s Progressive Party has in the past “done as they please with impunity because they had an overwhelming majority in Parliament and therefore simply suppressed these matters.”
“I take it that Mr (Donald) Ramotar means what he says when he talks about changing the culture that he has inherited from Mr (Bharrat) Jagdeo… don’t think there is anything to stop him,” said Greenidge.
The FMA Act states: “A Minister or official shall not in any manner misuse, misapply, or improperly dispose of public moneys.”
In terms of losses the Act states that “If a loss of public moneys should occur and, at the time of that loss, a Minister or official has caused or contributed to that loss through misconduct or through deliberate or serious disregard of reasonable standards of care, that Minister or official shall be personally liable to the Government for the amount of the loss.
(2) Where the misconduct or disregard of the person is not the sole cause of the loss referred to in subsection (1), the person shall be liable to pay only so much of the loss as is just and equitable having regard to the person’s share of the responsibility for the loss.
During the public rancor in the National Assembly during the deliberation of some $5.7B, representing Supplementary Provisions in two Financial Papers, the opposition parties on several occasions spoke about the Govt. not complying with the laws governing such allocations.
The violations of the law that were alluded to by many of the Opposition Speakers, was that the advances were not made in keeping with the criteria as was set out by the Fiscal Management and Accountability Act of 2003.
AFC MP Moses Nagamootoo reminded Dr Singh that he is mandated by Law to appear before the National Assembly at its very first sitting following an advance from the Contingency Fund to inform the House as to the details of the expenditure.

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