The Tribune

By EARYEL BOWLEG

Tribune Staff Reporter

ebowleg@tribunemedia.net

FREE National Movement leader Michael Pintard expressed the opposition’s outrage over Attorney General Ryan Pinder’s attempt to “handcuff” and “muzzle” the Public Accounts Committee.

He added that Senator Pinder has no authority over the legislature and the PAC.

The lashing comes after Mr Pintard expressed concern that Permanent Secretary Luther Smith was a “no show” before the PAC on Tuesday.

 He said Mr Smith’s non-appearance was on the instructions of Mr Pinder, adding that the committee will review the matter and soon advise what next steps it will take.

 The Tribune has seen a copy of Mr Pinder’s letter to the PAC chairman, sent in care of the House of Assembly’s clerk. Mr Pinder’s February 21 letter said the PAC “made a general request” which went beyond the powers granted to the committee by the House of Assembly’s rules, specifically section 17, and therefore the request by the chairman of the PAC is denied.

 “Furthermore, the request of interviews of public (servants) on the same grounds is likewise denied for the same reasons,” according to the letter.

 Yesterday, Mr Pintard said his party was outraged.

 “I wish to once again register the outrage of the opposition for the attempt by the attorney general to handcuff and muzzle the PAC,” he said during a press conference. “The Public Accounts Committee is a committee of the Parliament of The Bahamas, which is a part of the legislature. And the legislature is really an independent arm of government, the attorney general has no authority over the legislature and the PAC - he is wrong.

 “He is departing from what has been solid tradition in The Bahamas under successive administrations. And even when, under the Christie administration, there was an attempt to restrict the information that the Public Accounts Committee could access under Dr Minnis as prime minister, that was lifted. So again, on multiple levels, an unelected official is trying to prevent elected officials from representing the interests of the Bahamian people and it would not stand.”

 According to Mr Pinder’s letter, Section 17 of the Rules of Procedure of the House of Assembly states that the PAC has the duty to examine and report on the accounts showing the appropriation of sums granted by Parliament to meet public expenditure; other reports, accounts or financial statements of ministries, departments and public corporations before the House as the committee may see fit; such other accounts as may be referred to the committee by the House or any other law; or the report of the auditor general.

 When contacted on Tuesday night, Mr Pinder said: “The scope of the request was not compliant with the parliamentary rules governing the PAC.”

 Mr Pinder said he was also advised that Mr Smith was only made aware of the request to appear before the committee on Monday.

 Earlier yesterday, Mr Pintard told reporters that the previous Speaker of the House, Halson Moultrie, “has already issued a ruling that stands that there is unfettered access through PAC to government records relative to how funds are being spent.”

 He said Mr Pinder is “absolutely wrong” in his position and in the law on the PAC’s right to access.

 He also said: “What he also fails to take into consideration is that various ministries, including the Ministry of Works are expected to issue annual reports which they have not been doing. “And again, we are then further constrained as public officials in accessing timely reports on how government funds are being spent. He is absolutely wrong.”

 In 2021, in his first ruling as an independent Speaker of the House of Assembly, Mr Moultrie overturned a controversial ruling that his predecessor had made that restricted the powers of the PAC.

 Former Speaker Dr Kendal Major ruled in 2015 that the PAC could only examine documents that have been tabled in Parliament and could only send for persons, papers or records if a parliamentary resolution permits it to do so.

 This meant that access to documents sought during the previous session of Parliament by PAC, which is led by the opposition party, had been denied.

 But in 2021, Mr Moultrie said overturning the rule would empower the PAC to investigate or review all past, current and committed government expenditures; to choose subjects and witnesses for examination and to compel their attendance without government direction or intervention or advice; to make recommendations and to publish conclusions and reports; to make effective follow-up to determine if action has been taken to implement earlier recommendations.