The Tribune

By KHRISNA RUSSELL

Deputy Chief Reporter

krussell@tribunemedia.net

MINORITY government members of the Public Accounts Committee yesterday decimated the opposition’s argument that the Minnis administration has handicapped its ability to carry out its constitutional objective.

Golden Gates MP Michael Foulkes read a stinging minority report into the record of the House of Assembly yesterday showing how opposition members, who represent the majority on the committee, were attempting to execute a “song and dance” about current unedited accounts, which were not within the remit of the PAC rather than direct its focus on any of the 21 reports submitted by Auditor General Terrance Bastian since 2017.

Many of these reports highlight gross mismanagement and failures.

Mr Foulkes said it was apparent that the Official Opposition was not determined to properly review matters that are within the remit of the PAC because such a review might confirm errors and breaches of the Financial Administration and Audit Act under the former Christie administration.

The PAC’s minority consists of two government members, including Mr Foulkes and Long Island MP Adrian Gibson.

The majority members are Official Opposition Leader Philip “Brave” Davis who is Cat Island, Rum Cay and San Salvador MP; Chester Cooper, Exuma and Ragged Island MP, and Mangrove Cay and South Andros MP Picewell Forbes.

The majority members say the Minnis administration has misinterpreted former House Speaker Dr Kendal Major’s controversial 2015 ruling.

Dr Major’s ruling effectively blocked the PAC’s investigation of a leaked audit report into Urban Renewal 2.0 at the time, and the government has since taken the position that it bars the committee from reviewing anything not brought to the House of Assembly by the auditor general.

House members did not accept the majority report. A motion for members to stand in rejection was carried and the majority did so with the exception of Centreville MP Reece Chipman and Vaughn Miller, Golden Isles MP.

Mr Chipman stood along with Mr Davis, Mr Cooper and Englerston MP Glenys Hanna Martin to reject the minority report. However, it was accepted by the House as majority members in Parliament supported it.

Garden Hills MP Brensil Rolle was in the gallery at this point and did not contribute.

Mr Miller also did not stand for the adoption of the minority report.

Mr Foulkes said: “The said ruling by the Speaker of the House Dr Kendal Major dated Wednesday, May 13, 2015, indicates that he sought the advice of the law officers of the Crown which occurred previously, as early as 1943, regarding a similar matter. He requested advice on two specific questions; the first speaking to the issue, which is subject of this minority report and indeed the majority report.

“The relevant question herein that he posed was as follows: is the PAC confined to examining only those documents which have been audited, tabled and referred to it?

“The said ruling states that for the reasons given below, the answers to the questions which have been submitted by the honourable speaker as follows: the answer to the question whether the PAC is confined to examining only those documents which have been audited tabled and referred to it is yes, although it is not to be construed conjunctively.

“The Speaker then states most emphatically ‘What is clear is that the PAC may only examine and report on documents which are before the House.’

“The Speaker further states that the role and function of the PAC, like any other standing or select committee of the House is confined to the terms of reference which the House has given it and a select committee which purports to act outside the delineated are would be acting ultra vires.

“The Speaker also states that the functions of the PAC and the category of documents which it may examine or report on are set out and relate to reports or financial statements which have been properly laid before the House pursuant to constitutional or statutory requirements or the procedural rules of the House.

“And finally and most pointedly, the Speaker could not be clearer when he stated that as the audit report pursuant to which the PAC is purporting to exercise powers to send for persons and papers and records has in fact not been tabled or laid before the House, the PAC cannot take cognisance of it, nor exercise any of its investigative powers in respect of it, without a specific reference from the House by way of a resolution.”

He continued: “As we indicated, the said ruling is clear, unambiguous, pointed and addressed the gravamen of the matter, the real and true issue at hand.

“The Speaker left no real opportunity for any reasonable doubt as to the question, its answer having regard to the real, true and authentic issue at hand.

“The PAC only has a legitimate function as to reports or financial statements or audited reports that have been laid before the House.

“Clearly and undeniably, based on the Speaker’s ruling, the PAC has absolutely no other function.

“To act otherwise, as the ruling states would be ultra vires.”