Continued disrespect of Parliamentary authority becoming worrisome – Speaker

Apr 27, 2014 News

---

By: Kiana Wilburg

Criticisms and concerns continue to increase over the fact that Government Ministries and other budgeted agencies only adhere to some of the recommendations made by the Auditor General in relation to breaches in financial regulations.
This situation has caused the Speaker of the National Assembly Raphael Trotman to conclude that the Government is selective in choosing which of Deodat Sharma’s recommendations it will obey and which it will ignore. Trotman in a recent interview, dubbed this action for the past several years “as a clear undermining of the democracy of the country.”

Auditor General, Deodat Sharma and his Office serves as the watchdog of the national purse, ensuring that the monies allocated to the various sectors are not wasted.
For years the Auditor General has produced his Report with recommendations as to how various ministries should address issues such as overpayment to contractors. After presenting his Report to the National Assembly, the Parliament through its Public Accounts Committee scrutinizes the document. However, the inadequate response by the relevant Ministries to implement his recommendations has caused the Chairman of the very Committee, Carl Greenidge, to question whether the Auditor General truly exercises his powers effectively. Specifically, if he holds the power to make Government agencies comply with his recommendations, has also been an area of concern.
Greenidge said that there are aspects of the audit department that continue to remain of much concern to members of the Public Accounts Committee. The Parliamentarian said that in spite of the legislative changes made to make the entity more autonomous, the lack of the AG to effectively use his power puts the “independence” of his office up for much questioning.
He continued, “As an auditor you can, when you find a problem with the accounts of an agency, report them for not reporting on time and cite them for breaking the law. You cannot leave it for the Public Accounts Committee to deal with when in fact it is in the power of the department to deal with the problem. The Committee does not need to be in half of the things that come before us from the AG’s department. They don’t do enough on that front. There are lots of infringements, but rather than using its power he just sees it as a matter to be reported.”
In a recent interview however, the Auditor General made it clear that his powers are limited. He explained that under the Audit Act, he has the power to obtain information, evidence, inspect bank accounts and access premises. He insists that nowhere in the Audit Act does it give him the power to make agencies comply with his recommendations.
He explained that PART VI, of the Act which speaks to offences, makes clear what can be deemed an offence in the eyes of the AG. The Audit Act specifies legal penalties for anyone who intentionally prevents the Auditor General or an authorized officer in the discharge of official duties, does not comply with any lawful requirement of the Auditor General, provides misleading information, or misrepresents his or her level of authority. If convicted of any of these offences, a person may be fined up to two hundred thousand dollars (G$200,000) and spend no more than five years in jail.

The Auditor General said that for the first time, in his 2012 Report, he outlined how many recommendations were instituted and how many were not. He said that this is a critical area and as such he hopes that it is given the strictest of attention.
For example, part of that Report he referred to said that in relation to the 350 recommendations made in the 2011 Report, 245 were in relation to generalized areas, with the exception of overpayment on construction works and related issues, which totaled 105. At the time of reporting in September, 2013, 122 or fifty percent (50%) of the 245 recommendations that were in relation to generalized areas were cleared, whilst eleven or five percent were partially dealt with. The AG had said that the National Assembly through its PAC can make sanctions and recommend that it be obeyed.
But, Speaker of the National assembly, Raphael Trotman has made it clear that the Assembly does not have the power to do so either.
The Speaker said, “The National Assembly through its PAC does not have the power to make the respective ministries obey or adhere to the recommendations outlined in the reports of the Auditor General. In fact, there was a time when an irregularity was identified by the Assembly, the Government took it seriously and sought to make immediate changes. This was many years ago.”
“The word of the Parliament had tremendous power. It was respected and honoured. Over the years what I have seen is the erosion of respect for the word of the National Assembly. And the fact that parts of the AG’s recommendations are paid attention to and the other half ignored is a worrying factor.”
“It signals too that the word of the Parliament is hardly being honoured. It’s losing its weight. Even motions and other pronouncements made by the Assembly are not honoured. Government ignores what it wants and obeys what it wants. Both Government and the Opposition have a responsibility to respect the Parliament. If not, then the House will be seen as a rubber stamp and its laws not treated with respect.”

He continued, “The next question would be if this can be changed. I believe it can.  But, it will require that the Opposition, the Executive and other members work together regardless of our differences, and restore the high standard of respectability that was originally paid to the word of the Assembly. We have a duty to lift the standard so that the citizens can also take us seriously. It’s something that one group cannot achieve without the other. I am concerned that Government chooses what it adheres to in the AG’s report and it is highly improper to not implement each and every single one of them. Not to do that and improve the respect given to the Assembly’s other pronouncements is essentially undermining the country’s democracy.”

---

---