The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

IN his first ruling yesterday as an independent Speaker of the House of Assembly, Halson Moultrie overturned a controversial ruling that his predecessor had made that restricted the powers of the Public Accounts Committee.

The body is Parliament’s most powerful committee.

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.

The consequence of this ruling has been that access to documents sought this session by the opposition-led PAC have been denied.

Previously, Speaker Moultrie said the opposition’s claims that the committee’s hands are tied were “misleading”.

Yesterday, however, he said his first act as an independent Speaker would be to connect the legislative branch to one of its key functions: to provide oversight of the executive.

“(I will) proceed to bring the legislative branch of government that is perceived to have under Article 72 of the constitution of the Commonwealth of The Bahamas,” he said.

“The legislative branch of the government has basically three functions. It has a representative function, it has a legislative function and it has an oversight function.

“The oversight function of the legislative branch has been diluted and diminished over the years by principally two areas. Number one, it has been negatively and adversely affected by the decision that was made on the 13 of May 2015 by the Speaker of the Commonwealth of The Bahamas.

“And secondly, it is being negatively impacted by the fact that for a series of administrations now, administrations have refused to be answerable to the legislature.”

Calling this “undemocratic and unconstitutional,” Speaker Moultrie said: “It is the ruling of this chair with respect to the decision made by former Speaker Dr the Hon Kendal Major on the scope and powers of the Public Accounts Committee made on the 13 May 2015, it is the ruling of this chair that that decision is now overturned and set aside.

“The details of this decision and the reason will be presented for those who wish to examine the legality and constitutionality of my decision.”

Speaker Moultrie said overturning the rule empowers 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.

He said the rule change also restores “the power of clear focus of holding governments accountable for its spending of the taxpayers money and its stewardship over public assets; the power to obtain independent technical expertise and research support for hearings; the power to call and compel ministers to attend before the public accounts committee; the power to televise hearings on the Parliamentary Channel and the power to probe into any matter of a nature and significance to parliament in the area of probity whether or not the source of the information comes from parliament through a report of the auditor general.”

Former Speaker Dr Major made his controversial ruling while the PAC was investigating an auditor general’s report on the Urban Renewal Small Home Repairs programme. The audit found that payments were made to 11 contractors worth more than $170,000 but the small home repairs were not completed or done.

Speaker Major received legal advice from the Office of the Attorney General at the time, something former St Anne’s MP Hubert Chipman, who was the chairman of the PAC during that session of the House, said was inappropriate and breached the separation of powers doctrine.

“It would have been correct and judicious to consult the clerk or a Speaker of another lower body such as the British House of Commons,” Mr Chipman said at the time.

Yesterday, Speaker Moultrie noted that neither the Free National Movement nor the Progressive Liberal Party has shown any opposition to him remaining in his post, even though he resigned from the FNM last week.

“It would appear as though the two major political parties recognise the value of the decision for the Speaker to function independent of the majority and the minority of Parliament,” he said.