The Tribune

FREE National Movement leader Michael Pintard accused the government of violating the Public Finance Management Act when it used public money to pay for Prime Minister Philip “Brave” Davis’ controversial trip to Bermuda.

He said the opposition will put this issue before the Public Accounts Committee and use that group’s power to compel the turnover of all the relevant documents.

Last week, press secretary Clint Watson urged those who said the government had broken the law in reference to the trip’s financing to show which law had been contravened.

“It is embarrassing for us to have to educate the Office of the Prime Minister on the law - especially given that the Cabinet has more than one noted King’s Counsel with decades of experience in the practice of law,” Mr Pintard said in a statement yesterday.

 “We firmly believe they were fully aware that their actions were inappropriate but were blinded by arrogance and were caught in plain sight. Nonetheless we shall assist the Office of the Prime Minister.

 “The government’s spokesman would do well to acquaint himself with Articles 130 and 131 of the Constitution which speaks to how public funds are authorised and which, in Article 131, expressly says that public funds ‘issued shall be disposed of for meeting public expenditure under Article 130 of the Constitution or, in the case of statutory expenditure, for the purposes appointed by law.’”

 He also said: “We are pleased to advise him as well that under Section 30 (1) of the Public Finance Management (PFM) Act that ‘no public officer nor public office holder shall commit the government to a financial liability or contingent liability unless specifically authorised to do so under this or any other Act.’

 “Finally, we make him aware that Section 111 (1) (a) of the PFM Act states that ‘a public officer, or other person with responsibility for public resources commits an offence of financial misconduct if, without lawful authority, that person willfully or recklessly (a) incurs expenditure or makes commitments for expenditure of public money.’ Clearly, advancing money for a trip by a political or any other non-government entity is not public expenditure as defined in the Constitution or any statute law of The Bahamas.”

 Mr Pintard said the trip’s financing was “unauthorised expenditure”.

 “Parliament has not appropriated any sums of money to advance to outside entities for travel purposes,” the Marco City MP added. “Indeed, Parliament could not do such a thing. Given that this is unauthorised public expenditure, it qualifies under the PFM act as expenditure ‘without lawful authority’ and as such it constitutes an offence under Bahamian law. We fully expect that all persons who authorised this expenditure would do the honourable thing and accept the sanctions prescribed under the PFM Act. We shall take up this matter forthwith in the Public Accounts Committee where we shall utilise our statutory powers to compel the submission of all relevant information in respect to this most sordid matter.”

 Last week, the Progressive Liberal Party released a copy of a cheque for $24,750, reflecting money the ruling party reimbursed to the Public Treasury to cover the cost of a chartered Western Air flight to Bermuda.

 On Wednesday, Mr Davis said he made the decision that the government will not pay for the trip, adding that the trip’s expenses would eventually be repaid to the Public Treasury in full, even for himself who travelled as prime minister. He was responding to Mr Pintard in the House of Assembly, who had accused the government of breaking the law.

 However, Mr Davis admitted that the cheque from the PLP did not cover the full costs of the travel.

 Mr Davis’ trip drew scrutiny after it was revealed that he spoke at a political convention for Bermuda’s ruling Progressive Labour Party. He travelled to Bermuda with a delegation, including former Prime Minister Perry Christie, on October 19 and returned on October 20.

 The Office of the Prime Minister initially said the Progressive Liberal Party paid for the trip and to put any further questions to the party. But PLP Chairman Fred Mitchell later released a message to supporters, saying the flights were organised through OPM as is standard.

 “The standard procedure is for most if not all flights of the Prime Minister to be arranged through the Office of the Prime Minister. When settlement of expenses are done there is a reckoning as between personal expenses and public expenses. That procedure was followed in this case and there is nothing unusual about it,” Mr Mitchell said over a week ago.

 On Thursday, Mr Watson said that the full cost of the trip was still not known and he was unable to say how much money was spent on hotel accommodations, transportation, food, per diem and other trip-related elements.