Debate on controversial Engineer’s Bill deferred

Feb 18, 2025 News

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—-as opposition tables amendments to several clauses

Kaieteur News- The debate of the controversial Engineer’s Bill has been deferred by the Government of Guyana amid concerns raised by the opposition. Minister of Public Works, Juan Edghill, said that efforts are being made to address issues.

Kaieteur News reached out to Edghill for a comment, but he was unavailable. He was however quoted in the Demerara Waves saying: “There are a number of commentaries that I have received, as the custodian of the Bill, that I’m in discussing with my colleagues and a course of action would be taken that is most appropriate to ensure that the concerns that are raised are weighed for their proper place, so I don’t think there will be a debate on the Bill…” he said.

Opposition Member of Parliament, Ganesh Mahipaul when contacted, said that government had deferred the bill. “What we in the Opposition expect is for it to go to a Special Select Committee so that all of us can be meaningfully engaged, but it looks like the government might just dump the Bill in a corner because it has raised several eyebrows and objections from us the opposition.” Mahipaul said there is no indication as yet “but we are hopeful that the government sees this as a necessary action that doesn’t require us to be political with each other. Nothing is guaranteed as yet”. The Bill was tabled last year December.

The proposed law is aimed at providing for the registration, licensing, administration, and disciplining of professional engineers, while fostering professional integrity and protecting public interests. Among other provisions the Bill caters for the establishment of an Engineering Registration Board, which will regulate the profession and ensure accountability among engineers operating in Guyana. The board will also promote standards in line with the CARIFORUM-EU Economic Partnership Agreement (EPA), which Guyana has provisionally applied for since 2008.

Opposition amendments

Meanwhile, on Monday several amendments to a number of clauses within the Bill were tabled by Shadow Minister of Public Works, David Paterson and his colleague MP, Mahipaul. The amendments are seeking changes to the Clauses in the form of additions in some, replacing words in others and the complete deletion of a few.

Clause 3 (1)(d) has a proposed addition after public interest to say “having knowledge and experience of matters relevant to engineering and drawn from areas of business, finance, lawn physical planning, natural science, land surveying, architecture and engineering. Clause 9 (1) should be deleted and replaced completely, whereas Clauses 18 (1), 18(3) and 19(3) they are proposing that the word Minister be deleted and replaced with ‘Board’.

In the case of Clause 22 it is proposed that it should be deleted and completly replaced, while Clause 32 should be renumbered to read Clause 32 (1).  They are also proposing that Clause 32 (2) be replaced with a new sub-clause to read ‘The Registrar shall remain and publish on the Board’s website, an alphabetical list of members who are in good standing for that year’. New sub-clauses were also suggested for Clauses 44 (6) and 49 (2)(d), while a complete deletion and replacement of the FIFTH Schedule is proposed.”

It was reported by this publication on February 16 that the People’s National Congress Reform (PNCR) is calling for a thorough review of the weaknesses and troubling aspects of the Engineers Bill by a Special Select Committee, established by the National Assembly. In a statement to the media on Saturday the party said that it fully supports the need for an Engineers Act as it will regulate the profession, uphold professional standards, ensure public safety and contribute to national development.

However, the party said that the Bill in its current form sports several weaknesses and pointed to several troubling aspects it believes should be immediately addressed. Further, it said that meaningful input should be provided by key stakeholders which should include the University of Guyana’s Faculty of Engineering and Technology, the Guyana Association of Professional Engineers (GAPE) and all other interested persons in the field.  The party stressed that while it acknowledges that there were some discussions held with GAPE in the past years, they are dated, and the current Bill contains provisions that they doubt GAPE and other engineering professionals would endorse. “For instance, in the First Schedule, the Minister of Public Works is granted the authority to appoint the Chairman and Deputy Chairman of the Engineering Registration Board. Such a provision raises serious concerns about potential political interference in what should be an independent regulatory body. Additionally, the Fifth Schedule restricts engineers from providing a complete, comprehensive set of building plans for human occupancy unless those plans are prepared by, or under the supervision of, an architect,” PNCR said. Citing the Bill’s fundamental importance, the Opposition is urging that in the interest of good governance, transparency, and national development, the Bill be referred to a Special Select Committee for clause-by-clause scrutiny by key stakeholders.

EXPLANATORY MEMORANDUM

According to the explanatory memorandum, the main objective of the Engineers Bill 2024 is to provide for the registration and regulation of persons in the practice of engineering in Guyana and for such related matters.

The overarching goal of this living piece of legislation is to bring the legislative framework of the profession of engineering in accordance with the CARIFORUM-EU Economic Partnership Agreement (EPA) which was signed by CARIFORUM countries (including Guyana) and the European Union in October 2008 and has been provisionally applied since December 2008. The Agreement covers trade in goods, trade in services, foreign direct investment, trade defence measures, innovation and intellectual property, competition, public procurement, co-operation and various developmental issues. With respect to liberalisation for trade in professional services (market access), the CARIFORUM-EU Economic Partnership Agreement (EPA) also provides for mutual recognition of qualifications and co-operation in professional services.

According to the explanatory memorandum, the Bill consists of six Parts, with each Part addressing key areas to establish a regulatory framework that promotes professionalism, accountability and excellence in the practice of engineering while safeguarding the interests of the public and the profession.

PART I of the Bill provides for Preliminary matters including the short title and the interpretation provision, which defines various words and expressions used throughout the Bill.

Terms related to the engineering practice in the context of the scope of the legislation are therefore included to ensure clarity and consistency in its application.

PART Il provides for the establishment of the Engineering Registration Board, a corporate body, which shall be responsible for the management and administration of matters related to the engineering profession. The Board shall be supported by Committees, three of which shall be standing committees and others which may be established as necessary. The standing committees shall be the Qualification and Assessment Committee, the Complaints and Investigation Committee and the Disciplinary Committee. This Part also seeks to provide for the appointment of a Registrar with specific functions. This Part is tantamount to the operations of the Board and creates the foundation upon which the Board’s independence is reiterated, while simultaneously defining the ethical standards expected of Engineers, including obligations to uphold public safety and professional competence.

PART III seeks to provide for the eligibility and registration of engineers, including provisions establishing criteria for this process of registration including educational qualifications, professional experience and outlined procedures for application, renewal and removal from the

Register. The most salient inclusion involves provisions for different categories for registration within the Register, based on new entrants into the profession and continuity of qualification.

This systematic structure in the Register implicitly ensures professional experience garnered over years to ensure quality assurance in executed works for new graduates, while concurrently updating and recording current practising professionals within the field. Provision is further made for temporary and foreign engineers, such that the matter of international recognition of engineering qualifications obtained from other jurisdictions and mobility across borders through mutual recognition agreements or equivalency assessments, could be addressed through statute in a structured manner to ensure equity by and among local and foreign professionals.

PART IV seeks to provide for matters relating to complaints and the investigation of complaints with a view to determining whether disciplinary proceedings should be initiated by the Board.

The powers of the Board are reiterated under this Part with a view to promulgating and course correcting matters that have engaged the attention of the public. Through the establishment of protocols and procedures for reporting and addressing professional and reasonable concerns, there is the inherent built-in mechanisms to ensure public safety, risk management and consumer protection through dispute resolution and disciplinary processes. It must be noted that the engineer is also equipped through statute to appeal decisions, thereby guaranteeing his or her own protection of the principles of reputation and standards of quality that have been executed. This framework for a fair review and appeal proceedings mandates the involvement of judicial proceedings, where applicable for administrative relief

PART V seeks to  ensure  that  various contraventions of the Act shall constitute criminal offences, with focus on professional misconduct as a primary area of consideration, among other disciplinary measures. PART VI seeks to provide for various matters relating to the regulation of the Board, management and issuance of required Certificates, as authentic proof of registration in Guyana. Other key provisions include confidentiality, limitation of actions and making of subsidiary legislation.

The Bill also includes eight Schedules, each of which serve as detailed supplements to the salient features of the Bill, including the Constitution of the Engineering Registration Board, Code of Ethics, Proceedings before the Complaints and Investigations Committee and Disciplinary Committee, Countries for recognised registration, specialised areas of engineering, and a precedent of the certificate of registration to practice as an engineer.

(Debate on controversial Engineer’s Bill deferred)

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• deferred, Engineer’s Bill, Government, opposition, tabled

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