The Government moved swiftly yesterday to deliver on an election promise with respect to public procurement. In doing so, the Government dusted off and presented a draft bill on the subject that was originally laid by the previous administration four years ago. In an explanatory note, the measure was touted as aiming "to strengthen the quality of governance by promoting the principles of good governance." Those principles include "value for money, accountability and transparency by systematic re-engineering in the public financial management system."
The draft legislation is titled The Procurement and Disposal of Public Property Bill 2006. It was laid by Finance Minister Winston Dookeran. The measure "will enable the operation of current best practice," the note added. There would be "emphasis on performance, propriety of ministries and departments, statutory authorities and state-controlled enterprises." It was further revealed that the bill is part of a package of proposed legislation "to enable a holistic and rational approach to the re-engineering of the public financial management system." The other bills were identified as the National Audit Office of Trinidad and Tobago Bill 2006 and the Financial Management and Accountability Bill.
What the proposed law states
A Procurement Regulator is being proposed in the bill. The regulator will have the responsibility of ensuring "an efficient, effective and relevant procurement system" that conforms to the operating principles, objectives and guidelines.�The regulator will have a checklist of duties pertaining to purchases and disposal of public property with taxpayers' money. The office-holder will also have extensive powers, including those that are granted to a commission of enquiry. A National Procurement Advisory Council is also being proposed in the Bill.
The council is to be made up of representatives of the Government, construction, manufacturing and retail sectors and financial institutions, with an ex-officio representative from the Finance Ministry. Section Five of the procurement legislation says any party to a transaction must observe the principles of value for money, accountability and transparency. Such a person should also address efficiency, economy and effectiveness, ethics and fair dealing and promotion of national industry in a manner that conforms with the country's international obligations.
White Paper since 2005
A procurement policy has been in the public arena since 2005.
A White Paper on the subject was laid in Parliament on September 26 of that year. But the document was never turned into legislation in spite of repeated calls from the political opposition, the construction sector, Transparency Institute and others. The then-government promised in the 2005-06 and 2006-07 national budgets to introduce the procurement measures.
In a public address in June 2007, then Prime Minister Patrick Manning said the procurement regime could not be implemented in its current form. To do so, Manning stated, would slow the rate of the Government's development initiatives. He was roundly criticised by some, who insisted that a procurement regime would have prevented some of the controversial public investment issues.