The Office of the Opposition today lamented what it said was the “immoral” delay by the government in swearing in the members of the Public Procurement Commission.
A statement from the parliamentary opposition follows:
The Parliamentary Opposition at its September 9th, 2016, parliamentary press briefing pointed out with regard to the Appointment and Establishment of the Public Procurement Commission, that it was “one month since the National Assembly on August 8th approved with a historic vote of 2/3 the 5 members of the PPC. Since then the five members—Emily Dodson, Carol Corbin, Ivor English, Sukrishnalall Pasha and Dr. Nanda Gopaul have not being sworn in”.
Again at its September 30th, 2016 parliamentary press briefing it raised its profound concerns about this inexplicable delay. It is now almost 2 months since the August 8th sitting and the members of the PPC have still not been sworn in.
In the interim we have noted the Guyana Chronicle September 18, 2016 article headlined “Govt fixing salary, office for Public Procurement Commission” which quoted Prime Minister Moses Nagamootoo as saying that “the process is now awaiting some administrative procedures, including finalising the remuneration packages.”
On October 1st. we noted another report in the media headlined “Terms of reference concerns delaying swearing-in of procurement commission – Granger” where it is reported that the President told reporters “As recently as two (2) weeks ago, a date and time for swearing in had been announced but concerns about the drafting of the ToR delayed it but it is strictly an administrative matter,” he said.
The parliamentary opposition reiterates the positions it took at the September 9th and the September 30th 2016 press briefings.
“This is a constitutional body whose independence is enshrined in the Constitution- the President or government nor anybody have any power given by the constitution to be involved in its establishment. The role of the President is to swear them in that is the beginning and the end of his remit.
The constitutional provisions Art 212 W- 212 EE are detailed with regard to the independence of this body, the election of the chairman and deputy by the members; the establishment of the Secretariat and hiring of the CEO and staff by the Commission; the approval of the National Assembly of the terms and conditions of the CEO and 2 senior staff, (212 Z (2), and. the emoluments and allowances paid to Commissioners being determined by the PAC after consultation with the Commission( 212 Z (8).”
Therefore it appears that the President and the PM are unfamiliar with the constitutional provisions, or, they are being badly advised, or that there has been a decision to not comply with these provisions.
The parliamentary opposition reiterates that the setting of the Terms of reference is not the remit of government but of the Commission and Commissioners itself where only the National Assembly and the Public Accounts Committee have specified roles.
In conclusion, we therefore repeat what has been stated at the two parliamentary press briefings that “The PPP is profoundly concerned as to the delay in the swearing in of the Commissioners so that they can begin to establish themselves, their terms of reference of hiring staff and developing their budget etc, and secretariat, in keeping with the constitutional provisions.
The PPP will therefore vehemently oppose the involvement of the government or any of its agencies in setting up the TORs of the Commission, the hiring and setting of salaries of staff for the Secretariat in the absence of the properly constituted and sworn in PPC and in violation of the constitution.”
There is no acceptable reason for further delay in the swearing of the Commissioners. “When the recess is over the PAC chaired by the PPP will be ready to carry out its responsibilities as outlined in the constitution.”
We also reiterate that this delay is highly suspect. The then opposition having amended the Section 54 (1) and (6) by removing the Cabinet’s “No objection” role in the award of tenders, and, having held the AMLCFT (Amendment) bill 2013 ransom in the 9th Parliament until, as the AFC stated, the PPC was appointed and established, this delay is not just inexplicable it is immoral belying their rhetoric over the last 13 years and election promises.
With 25 scandals and corruption listed over the last 16 months, the Parliamentary Opposition expects that one of the first things the Commission would have to investigate is the Drug bond scandal and other questionable contracts which are in violation of the Procurement Act and regulations implemented by all levels of government and state agencies.
