Former head of the Joint Consultative Council (JCC) Afra Raymond says any further amendments to procurement legislation in relation to ministerial exemptions must be subject to affirmative resolution.
“What an affirmative resolution means is that an intended exemption is going to be tabled in Parliament the same way this rectification bill was tabled,” Raymond said while speaking on CNC3 news last night.
“So that the public will know, the media will know, the Opposition and the political forces will know, so we–since all of this government and the Procurement Act is to serve our interests as the public–will be aware of what is intended before it happens and have the opportunity to take political action or other action or options to balance this situation out.”
Prime Minister Dr Keith Rowley told a political meeting at Hillview College on Thursday night of his intention to return to the Parliament on Wednesday to amend the legislation to further avoid any more issues with the exemption clauses.
Raymond said he saw the proposed amendments however, he is concerned that further amendments would be brought with a negative resolution. He warned that the negative resolution is contrary to what Parliament agreed to on December 8, 2020.
He explained that the way the law is currently written, a look back at the Hansard will show even Finance Minister Colm Imbert acknowledged it was not what was intended. But it did not stop the minister from using it to his advantage to pass two exemptions, one for the Judiciary and the other for Caricom’s 50th anniversary.
In a letter to the editor, Raymond said the compelling and inescapable issue was that “the Finance Minister knew of the typo in the text and took full advantage of it in a manner which is unbecoming and, in my view, quite contrary to his oath of office.”
Describing the exemptions as egregious, he said, “We should all remain alert as these are just a few of the bizarre convulsions from players who are accustomed to the lights being off, or at least suitably dimmed.”
JCC against increasing exemptions
Meanwhile, the current head of the JCC Fazir Khan said in a release he does not support increasing exemptions under the act.
“The JCC firmly believes that increasing exemptions under Section 7(6) (e) of the Amended Act (2020) is not a viable solution, as it would undermine the effectiveness of the legislation in promoting transparency and reducing corruption in public spending over the medium and long term,” Khan said.
The JCC believes government agencies should have already been prepared to operate under the act for capital investment projects or maintenance contracts.
The group said, however, “If there are upcoming events such as summits, the respective state agencies in charge should start the procurement process now to ensure the timely acquisition of goods and services.”
They note Section 27. (1) (a) of the 2015 Act mandates procuring agencies to publish information on planned procurement activities for the next 12 months on their website or in any other electronic format, no later than six weeks after the approval of the National Budget.
The JCC even had words for the private sector whom it believes “should not be taken too seriously”.
“The private sector understands that if they wish to conduct business with any government agency involving public funds, they must comply with the registration requirements of the OPR’s online Depository. Unlike state-owned companies, private organisations are driven by profit-making incentives, and therefore, they should stop complaining and fulfill the necessary online registration and maintenance obligation,” the release said.