Former House Speaker Dr Kendal Major.
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
HOUSE Speaker Dr Kendal Major was “shocked” and “taken aback” by a legal opinion the Office of the Attorney General sought from international and local attorneys about the legality of the Public Accounts Committee’s (PAC) investigations into Urban Renewal.
When contacted about the legal opinion, which The Tribune has obtained, Dr Major called the action “unprecedented”.
Dr Major, who has said he sees no problem with the PAC’s handling of the matter, said he would meet parliamentary clerks Monday morning to determine a course of action.
The legal opinion said: “While it is clear that the PAC, in the general performance of the duties allocated to it by the House may require the attendance of witnesses and the production of documents, the purported exercise of power in the instant case if ultra vires the powers and functions of the PAC, procedurally flawed, contrary to the statutory and constitutional principles regulating public finances, and raises the spectre of interference with the constitutional functions of the auditor general.”
It added that the PAC lacks the power to request that the auditor general conduct specific audits of government departments or other bodies and that attempts to apply this power runs contrary to the “constitutional functions and special immunity given to the auditor general under the Constitution.”
PAC Chairman Hubert Chipman has previously confirmed that the committee asked the auditor general to investigate Urban Renewal and its Small Homes Repair Programme.
The report also says that the “PAC’s ability to send for ‘persons, papers and records’ may only be exercised in the performance of its functions, which are confined to examining and reporting on reports or financial statements which have been laid before the House.”
The report notes that the audit in question was not tabled in the House of Assembly before it was leaked to the media.
It argues that a committee cannot require evidence without permission from the speaker of the House, who must act after a “resolution of the chamber in question” is concluded.
Fishy
Commenting on the matter, Opposition Leader Dr Hubert Minnis said it “looked fishy” and questioned if the government is trying to set a precedent that the PAC could not properly investigate matters relating to public funds.
The argument that the Urban Renewal audit has not gone through proper parliamentary procedures was first issued last week by Urban Renewal Co-chairs Algernon Allen and Cynthia “Mother” Pratt, after the “scathing” findings were made public. They alluded to this in a letter in which they rejected the PAC’s invitation to appear for an interview set for last Thursday.
On Sunday, Dr Major pushed back against their narrative, telling this newspaper the co-chairs were wrong and would likely appear before the PAC once the misunderstanding concerning the matter had been dealt with.
According to the legal opinion, the Office of the Attorney General was asked to “advise generally on several legal and procedural issues arising from the purported exercise of powers of the Public Accounts Committee to require the attendance of witnesses and the production of documents in aid of its examination” of Auditor Terrance Bastian’s audit into Urban Renewal.
While the legal opinion dissects the actions of and questions the powers of the PAC, it offered no opinion on the issues of weak internal controls and poor oversight of expenditure in Urban Renewal that were pointed out by Mr Bastian.
When asked to comment on the legal opinion yesterday, Attorney General Allyson Maynard-Gibson told The Tribune to email her its questions. However, she did not respond to the questions that were sent up to press time yesterday.
The Small Home Repairs Programme audit notes that payments to 11 contractors for more than $170,000 of work was not completed or done, that there was no competitive bidding for the home repair contracts and the contractors were not required to have proof of all-risk insurance. Meanwhile, the auditor’s report on Urban Renewal found that the programme’s internal controls are “weak,” leaving the initiative open to “abuse.”
After criticising the report as “unfair” last week, Mrs Pratt and Mr Allen refused to appear for interviews before the PAC last Thursday, citing prior engagements. They added that they would appear in the future, once the report is taken off the table of discussion, because of their belief that the PAC acted in an “illegal” process.
Comments
duppyVAT 9 years, 7 months ago
The actions of this Nolle Attorney General is unprecedented ............... she is probably the most corrupt and politically biased AG we have had since 1967.
The AG Office should be above the political fray as she is the penultimate legal authority short of the Privy Council
For her to try and shield the PAC/Speaker from investigating UR 2.0, BAMSI and the other public wastage of funds of this government .................. its egregious of the AG Office.
She should be fired for obstruction of justice ................................in the public interest
realfreethinker 9 years, 7 months ago
Fired by whom duppyvat ? The corrupt PM ?good luck with that
Tommy77 9 years, 7 months ago
Well said.
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realfreethinker 9 years, 7 months ago
" Nolle prosiqui" here we go again.. This shit stinks to high heaven. Who requested the legal opinion? This government is corrupt to the core. There is no saving them. Whether it was the right way to request their attendance,the issue still remains that UR 2.2 is nothing more than a racket. THIEVES AND SWINDLERS. You PLP will pay a heavy price for the shit you all are doing to our country
EasternGate 9 years, 7 months ago
What more can one expect from the Progressive Liberal Party? The hierarchy of the PLP are nothing more than "Manure Masseurs". When they are not doing shit, they are spreading it!
realfreethinker 9 years, 7 months ago
A lot does drip out of their mouths
SP 9 years, 7 months ago
........................................................... Taa - Daaaa ! ..........................................................
Head Witch Alyson Maynard Gibson has once again done her job well of keeping corruption under wraps and away from public scrutiny.
No one WILL EVER successfully bring charges of corruption against any government official as long as the Attorney General is in place on their side with her own skeletons to hide.
She cannot be fired for protecting the corrupt group of pirates because she and they, are all ruling members in the same pirate fleet.
Panama's current position with a Supreme Court Judge proves without any doubt how corruption is protected by politicians:
http://rijock.blogspot.com/2015/04/supr…
Hogfish 9 years, 7 months ago
This is truely sickening.
I had no idea she was this bad.
I know she's plp but i thought (and was fooled) that as AG she would maintain some sense of integrity for the law and it's importance for the nation. Fool hey.
This is soo bad now. Frightening.
duppyVAT 9 years, 7 months ago
Either the PM is a poor choice of character or he is complicit with corruption
Sickened 9 years, 7 months ago
OMG. We live in a shit-hole. I am truly ashamed to be associated, by citizenship, with this corrupt & incompetent AG and the rest of her sinister & thieving party.
It is time to handcuff the majority of PLP MP's to the Mace and throw the lot out of the window.
realfreethinker 9 years, 7 months ago
can anyone say " Guy Fawkes "
duppyVAT 9 years, 7 months ago
Guy Fawkes ............. a British terrorist hell bent on getting rid of the King (Perry/GG) and Parliament ............ thats treason!!!!!!!!
We dont want to go that far in The Bahamas, right?????????????
Are you saying that the ordinary Bahamian is beginning to take on the nature of Guy Fawkes????????
realfreethinker 9 years, 7 months ago
With the shit this government doing,they will soon push people to the edge. When cornered it's instinctive to fight your way out. Only so much humans can take.
Voltaire 9 years, 7 months ago
Is anyone really surprised?
banker 9 years, 7 months ago
We have just crossed the line into a failed state.
A failed state is a state perceived as having failed at some of the basic conditions and responsibilities of a sovereign government. Although there is no general consensus on the definition, the Fund for Peace characterizes a failed state as having the following characteristics:
-Erosion of legitimate authority to make collective decisions -Inability to provide public services -Inability to interact with other states as a full member of the international community
So there is no democratic oversight of public funds in the Bahamas. We have officially become a banana republic. It is a shameful day for all Bahamians. The criminality of governance that was birthed the PLP has entrenched itself, and democracy is dead.
It is time to stop paying taxes, VAT and any other monies until there is public accountability over where the monies go. Sad sad day for democracy, for our independence and for fair play and the voice of the people. We deserve better.
themessenger 9 years, 7 months ago
Did anybody notice the picture of the three stooges on the front page this morning grinning like idiots as they blushed & jostled like school girls for their latest celebrity photo opp? Can't take the business of the country too seriously when we could get photoed wid MJ, jus' 'tink what he could do for all a we legacies.Alison ga look afta Bulgie & Mudda dem so we een checkin fa none a dat PAC foolishness.Bey, yinna ain know God gave dis land to da PLP?
realfreethinker 9 years, 7 months ago
The real kicker is the first few millions gone without accountability,now allen say perry tell him he is going to increase the UR budget,to give them more money to screw up. GO FIGURE
TalRussell 9 years, 7 months ago
Talking about a time frame, which came first.The Chickens (BAMSIFire & The Andros Magistrate's Sentencing,) or the Urban (Egg) Renewable Accountability? Appears da PLP's self interests egg does jump ever so quickly ahead da chickens, AG's reports? Since we can assume the Speaker never requested a ruling from the AG's office, shouldn't the public be told exactly how this sudden ruling by the AG came about, mainly who or whom requested her ruling and why?
TalRussell 9 years, 7 months ago
Comrades, what in hell happened to these reports? Did anyone ask the AG to peep into this important matter, and if not, why not?
INCOME, ASSETS AND LIABILITIES (ARTICLE III, 4)
• Secretary to the Cabinet; • Financial Secretary; • Chairman of the Public Service Commission; • Permanent Secretary; • Director of Legal Affairs; • Auditor-General; • Director of Public Personnel; • Commissioner of Police; • Secretary of Revenue; • Deputy Permanent Secretary;
asiseeit 9 years, 7 months ago
Once again this government has taken the low road. The sad part is that people like birdie will not understand the ramifications of what the AG has said. Absolute power with no checks or balances corrupts absolutely. This government sure does take the cake in that department.
duppyVAT 9 years, 7 months ago
AMG is really trying to bully the Speaker ...................... now who orchestrated or initiated this AG "legal opinion" ????????????? Would be 1. Brave 2. AG 3. PGC 4.BJ
DonAnthony 9 years, 7 months ago
So the attorney general sits on the rubis environmental report for a year while innocent bahamians are exposed to carcinogens, still has not brought charges against the bec bribe taker although the case has been practically completed by the U.S. , still has not brought charges against minister gray, but finds the time to issue an unsolicited opinion on the auditor's urban renewal report. Seems she has has priorities straight, she is a natural disgrace and needs to go too. Is there no one in this govt with integrity? We need a commission of inquiry to incarcerate this entire cabinet.
SP 9 years, 6 months ago
The Attorney General is the main legal advisor to the government, and also have executive responsibility for law enforcement.
No one else then can recommend or support a commission of inquiry against government corruption with-in government.
In short, Allison Maynard Gibson as AG is the keeper at the gate who's main function is to contain corruption shielding any legal actions against cohorts from allegations of corruption.
The government is policing itself through the office of AG which gives them absolute power. We all know absolute power corrupts absolutely hence where we find ourselves today.
Observer 9 years, 7 months ago
Even a 'dunce' should be able to comprehend the procedure to be followed in such matters as audit of public entities. The trouble seems to be that some of us want others to follow prescribed procedure, while it seems alright for the rest of us to do as we see fit. This is a dangerous part to total destruction of any semblance of law and order that remains.
ThisIsOurs 9 years, 7 months ago
This is his legacy, no matter how many fancy buildings go up during his term this is what people will remember him and the rest of the money lovers for. They can put on as many shiny suits as they like, their legacy is one of corruption, greediness and self-delusion.
SP 9 years, 7 months ago
..................... Example Of What Bahamians Must Do To Save Our Country ......................
http://news.yahoo.com/thousands-south-k…
duppyVAT 9 years, 7 months ago
Unions cannot convince the ordinary Bahamian to march with them today ......... the union leaders are also in bed with the politicians. Our only alternative is mass protest with either respected social activists, pastors or disenchanted politicians
Emac 9 years, 7 months ago
It's all good! Let this bunch have their last two years of living it up! I am almost 100% certain that the PLP will be no more after 2017. Politicians like the AG will not retire comfortably because she and her crew will always hear their names in public and anything said about them will be synonymous with corruption and bad governance. Every dog has his day. As the famous quote by Abraham Lincoln goes, "You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time."
duppyVAT 9 years, 7 months ago
Yes ................ but they can add another ONE BILLION dollars to our national debt (with no tangible returns) plus more NIB funded contracts during the last six month campaign frenzy .............. very dangerous
Emac 9 years, 7 months ago
Yes it is a dangerous trend. But unfortunately for us, there is nothing we can do at this time except grin and bare it. The people who put this crew in fail to see the damage they have done to this country. As a matter of fact, most PLPs could care less about the future of this country, they care about here and now. They are complacent, even living in these shacks with nasty outside toilets. So all we can do is pray that there is some divine intervention before election. Otherwise, the next government of the Bahamas will have to be very, very careful with their handling of the public purse.
asiseeit 9 years, 7 months ago
Come on Birdie, tell us how the poor black people are being given a hand up, please. I really need someone to explain this ponzi scheme. If I give 10% I will go to heaven correct!
Emac 9 years, 7 months ago
HA! that's a good one. Birdie busy now doe. Birdie busy cleaning Perry toilet.
SP 9 years, 6 months ago
The Attorney General is the main legal advisory to the government, and also have executive responsibility for law enforcement.
No one else then, can recommend or support a commission of inquiry against government corruption with-in government.
In short, Allison Maynard Gibson as AG is the keeper at the gate who's main function is to contain corruption shielding any legal actions against cohorts from allegations of corruption.
The government is policing itself through the office of AG which gives them absolute power. We all know absolute power corrupts absolutely hence where we find ourselves today.
duppyVAT 9 years, 6 months ago
Again I say that is a constitutional problem ............ the next government in 2017 MUST be able to scrap this old constitution and move The Bahamas into a new sphere of true democracy where the people have full access to government information and the legislature & executive must account to the people and the judiciary must be able to decide issue of national sovereignty................ either that or we must take our country back from these Uncle Tom (British wannabe) traitors
SP 9 years, 6 months ago
That will NEVER happen with the PLP or FNM long as the old guard and good old boys are in power.
They have too many skeletons in their closets that if let loose would mean JAIL for most if not all of them.
Forget about any Freedom Of Information Act too which they interpret as a guaranteed surety one way trip to Fox Hill Prison.
ThisIsOurs 9 years, 6 months ago
The report also says that the “PAC’s ability to send for ‘persons, papers and records’ may only be exercised in the performance of its functions, which are confined to examining and reporting on reports or financial statements which have been laid before the House.”
Question is, why hasn't an audit of UR been tabled in the house after two years ? Aren't the house members concerned with the apparent blatant misuse and outright theft of funds set aside for the poor?
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