A long-waited bill for a single window on land matters was yesterday sent to a Select Committee of Parliament for the consideration of amendments.
The Planning and Development Single Window Platform (PDSWP) Bill, which was laid in Parliament some five months ago, was set yesterday for passage when Parliament met at the Arthur Chung Conference Centre. However, according to Minister of Housing, Collin Croal, the bill will be sent to the committee due to amendments proposed both by the Government and Opposition some four days ago.
“Mr. Speaker last week we receive a list of proposed amendments and recognizing … the list …is not dissimilar to what the members of the opposition brought out or proposed, yesterday in their engagement… we do intend, following the debate, we do intend and with the amendment proposed on our side, they are two amendments….we do intend to send the bill to the select committee”, Croal said.
The committee is expected to consider additional amendments through more consultations and then return the bill to parliament. The PDSWP Bill when passed will fall directly under the Central Housing and Planning Authority (CHPA), of the Ministry of Housing and Water. It will be a single-entry platform for the submission, processing and approval for all planning and development applications for minor or major projects.
The Secretariat will include the CHPA, the Environment Protection Agency (EPA), along with other Government agencies with an oversight committee monitoring the progress of the agencies. The Secretariat will be headed by Directors, with a tenure of one year, with a performance evaluation at the end of the year.
The Secretariat will have oversight as it relates to land use and its development, overlook the progress of the applications and other functions, and will have responsibility for dealing with [land] disputes. Additionally, a Tribunal will be set up where aggrieved persons can lodge appeals against adverse decisions by the Secretariat. The decision of the Tribunal will be final unless the matter is of national interest.
Paper and electronic records will be kept and fees can be paid online once the requisite regulatory aspect is put in place. A timeframe for each application to be processed will be implemented, and its status placed online. Additionally, when an application is approved, a final review will be done by all relevant bodies on the portal. The portal will be launched in two months as training along with implementation of the system is currently ongoing.
Croal said that such a system is needed to further improve Guyana’s current business ranking. “As we as a country aim to improve on the ease of doing business, and reducing or improving on the index; this intervention becomes a necessary tool. What obtains now is the tedium of parts that are costly, laborious, frustrating with gaps that often lead to redundancies and inefficiencies which in turn dis-incentivize businesses,” he said. Croal noted that the bill is the result of complaints received on the amount of time spent processing a single application.
Complexity
“Complaints from private home owners and investors are frequent about the complexity, the time lost, and the lack of transparency in existing multi-agencies’ processes to obtain a construction permit. During the consultations, we realized that the process for a single building permit, for example, for warehousing can see as much at 30 activities taking place, implemented by government agencies and that every permit requires about 11 trips by the applicant to Government Offices. The risk of arbitrary decisions and corruption from undue discretion is high and at least six of the steps increases the risk of uncertainty and abuse for applicants, there may be also matters of hidden damages to economic activity, which can be substantial….. therefore Mr. Speaker, reforms are necessary,” Croal added.
Croal maintained that with the changes the system is expected to be modernized. “In making decisions efficient by handing [them] down in a timelier way, there will be a reduction of steps involved in each procedure, notwithstanding, I hasten to reassure citizens that we will not sacrifice good governance for quick results, but will continue to ensure that sound planning principles are respected.” Croal continued.
While the Government was initially hoping to push the bill ahead, the Opposition has raised several concerns even though it intends to support the bill.
In raising some of the Opposition’s concerns, APNU+AFC Member of Parlia-ment Amanza Walton-Desir said that while the system is not new, it’s important to avoid its many pitfalls.
“We are not against progress, we are not against efficiencies, we support, in principle, the bill but are highlighting these pitfalls so that we can avoid them, Mr. Speaker.” Walton-Desir indicated that the system does not cater for extensive scrutiny and there lies a risk.
“This issue of reduced oversight, Mr. Speaker, the effect of what we are seeking here is to consolidate a number of improving functions, and in doing so, Mr. Speaker, we have to understand that we are creating the opportunities for a lack of scrutiny. Again, we are not saying don’t do it, we are saying acknowledge the risks.” Accord-ing to Walton-Desir, while the system is good, “we must not rush it and must ensure that all involved are on a level playing field in terms of expertise.”
Additionally, Walton-Desir noted that the issue of bias is relevant. One such is the Minister who may make an issue one of national interest thus making the process political. According to the act, where there is such an issue, the matter is moved to the Minister, making the matter one of national interest, after which the matter is then moved to cabinet, where a final decision will be made. Walton-Desir further explained that when a person feels that a decision of the minister is unjustified this removes from the courts the power to act.
On the other hand, Walton-Desir said that penalties must be clear when prosecuting someone who acted maliciously with information; Desir also requested a clear timeline of how soon the tribunal will be set up. On another point, Walton-Desir said that bill does not respect local authorities and such inclusionary measures must be put in place to insure that the local authorities have a say in what will be happening in their areas. She also expressed a need for vigilance for underlying provisions where agendas that don’t cater for the good of the people are hidden.
