Former House Speaker Dr Kendal Major.
By KHRISNA VIRGIL
Tribune Staff Reporter
kvirgil@tribunemedia.net
HOUSE Speaker Dr Kendal Major has ordered the Public Accounts Committee to “stay its hand” regarding its investigation into Urban Renewal 2.0 until Parliament can decide on the way forward.
Dr Major told parliamentarians yesterday that in receiving legal advice from the Office of the Attorney General, he was informed that while the PAC possesses the power to send for persons, papers and records, the committee is only allowed to do so by way of a resolution in the House of Assembly.
He added that the Office of the Attorney General has also advised that the PAC is confined to examining only documents that are tabled in Parliament.
The Office of the Attorney General provided the advice in response to Dr Major’s petition which included two questions: “Is the PAC confined to examining only those documents which have been audited, tabled and referred to it? Does the PAC have the authority to send for persons and documents?”
Dr Major said: “The answers to the question whether the Public Accounts Committee is confined to examining only those documents which have been audited, tabled or referred to it, the answer is ‘yes’ although this is not construed conjunctively. What is clear is that the Public Accounts Committee may only examine and report on documents which are before the House.
“The role and function of the Public Accounts Committee, 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 delimited area would be acting ultra vires.”
He added: “The answer to question two of whether the PAC has the authority to send for persons and documents the answer also is yes, although this is also subject to certain qualifications.
“For example the Public Accounts Committee’s ability to send for persons, papers and records may only be exercised in the performance of its functions delegated by the House and subject to any parliamentary or statutory limitations that may apply as to the manner in form of the exercise of the powers, papers and records powers.
“The need for its formal exercise is normally obviated by the usual willingness of perspective witnesses to co-operate based on invitations to appear and produce documents. The powers and privileges of Senate and House of Assembly statute law has to be observed. This requires a resolution of the chamber, in this case the House of Assembly, which created the committee which is embarking on the exercise of powers papers and records.”
Dr Major further said he was of the position that the power to send for people, papers and records (PPR) is given for the express purposes of enabling a select committee to carry out the functions, which have been delegated to it by the House of Assembly.
The exercise of PPR, Dr Major said, is almost universally done by simple letters of invitation only, which are normally voluntarily compiled with, but that no sanction might be attached if such invitations are declined.
He said if a formal summons has to be issued, it must be done pursuant to a resolution of the entire House, which alone can punish for contempt in respect to matters into which the House has directed an inquiry which is properly within the delegated remit of the select committee.
Dr Major added that the audit report now at the centre of the controversy, which the PAC is using to carry out its investigatory function, has not been tabled in the House. As a result, it is not in the category of documents audited or unaudited that can be said to be “before the House” so that to attract the scrutiny of the PAC.
The PAC asked Auditor General Terrance Bastian to investigate Urban Renewal and its Small Homes Repair Programme. His report found a litany of concerns and weaknesses related to management and expenditure. After the report was leaked to the media, Urban Renewal Co-Chairs Algernon Allen and Cynthia “Mother” Pratt refused to appear for a scheduled hearing of the PAC. They said the audit had not gone through the proper parliamentary procedure and was therefore illegal. The co-chairs said they would appear at an appropriate time, once the audit was off the table of questioning.
Afterwards, PAC Chairman Hubert Chipman said he would use the committee’s power to subpoena the co-chairs, however Dr Major did not authorise this request.
Comments
MartGM 8 years, 11 months ago
Dr. Major I had such hope for you...it seems that was misplaced. Another attempt at proper governance halted.
Well_mudda_take_sic 8 years, 11 months ago
Can we now get a long overdue legal opinion from the AG's Office on whether sitting members of parliament who have not submitted their personal financial statement declarations, as required by law, should be held in contempt of parliament with all of the attendant consequences properly flowing therefrom?
Tommy77 8 years, 11 months ago
Agreed.
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Well_mudda_take_sic 8 years, 11 months ago
Up to now the people have not heard anything from the Speaker of House (Dr. Kendal Major) about the serious delinquency of many members of parliament in the required filing of their personal financial statement declarations. Is the Speaker among the delinquents and therefore unwilling to discharge his duties in this matter involving serious breach of the law by many parliamentarians?
banker 8 years, 11 months ago
Someone put a muzzle and a leash on the speaker. The PAC has jurisdiction over all public monies, and not just what is tabled in Parliament. This is corruption at its stinkiest! If we had Freedom of Information, we would know who is providing the legal opinions. This government will go down as the second most criminal PLP government in the history of the Bahamas. The history books will have their say of the criminal sock puppets with no moral or ethical compass and not a shred of patriotism for this poor country.
MajorTom 8 years, 11 months ago
The Freedom of Information Act to be tabled will not provide any remedy to the scandals this government is involved in. Do you really believe they would put in a mechanism to hang themselves. The upcoming FOIA is a joke. Better than nothing, but sorely lacking. Come to the town hall meeting and see.
Hogfish 8 years, 11 months ago
just another goddamned yellow bellied coward !
Sickened 8 years, 11 months ago
Well there is certainly enough evidence to warrant a full review of the books by PAC and the House should table any documents necessary for PAC to do their job. Anyone in the House of Assembly who does not agree should be arrested for obstruction of justice.
proudloudandfnm 8 years, 11 months ago
PLP truly are communists...
FNM_Retards 8 years, 11 months ago
The FNM is as commie as they come, they was the ones that sold this country to the CHINESE with the Stadium, Airport road, and Giving them the Bahamar job. The Bahamas became commie under the FNM, you retard.
GrassRoot 8 years, 11 months ago
ok now the FNM needs to hire a lawyer and get a legal opinion on the whole issue. I guess the AG's moves are easy to dismantle.
realfreethinker 8 years, 11 months ago
I agree grassroot.
FNM_Retards 8 years, 11 months ago
NOW the FNM needs to go crawl back into the cesspool where they belong.
duppyVAT 8 years, 11 months ago
Who wrote that statement that the Speaker read??????????????? We need a judicial review into the origin of that statement
asiseeit 8 years, 11 months ago
Somehow we need to sue this AG, take her crooked ass to the Privy Council, something. It is just blatant how she is covering up/protecting her people and party. This is very dangerous ground, our democratic system is under attack by this woman's actions/deeds. This country is starting to resemble a dictatorship. Not good at all!
duppyVAT 8 years, 11 months ago
Very Very True ................ we are approaching a slippery slope on the abuse of power of the Office of the Attorney General
jackbnimble 8 years, 11 months ago
Yeah. Tell me why this woman's hand is in EVERTHING crooked, sinister or reeking of corruption in this Administration? Common denominator in all scandals appears to be the DPM or the AG? WTH!
christee 8 years, 11 months ago
If it is in fact true that PAC only possesses the power to send for persons, papers and records by way of a resolution in the House of Assembly, then PAC is only a waste of time. This was proven when Andre Rollins moved for tha appointment of a select committee to investigate the Rubin report. It will all boil down to politics, AGAIN.
TalRussell 8 years, 11 months ago
Comrades why the look of surprise all over these hereto Tribune blog pages at just another PLP subscribing to yet another PLP WTF moment. This stunning revelation illustrates that when his political push came to shove him, the Speaker of da House of Assembly is just another committed subscriber to all that is shameful on PLP side of House and within the PLP cabinet. Why even bother to hold out hope, to believe that there has to but one among them, willing to stand up for to truly represent the people. Comrades of the red party, if this does not have all marks of a gift horse handed right from the speaker's own mouth, to give heavy heart about who is the true one to lead red shirts into 2017 General Elections, then, ya’ll all is without any hope in hell winning anything. I mean it's like, Kendal was jumps right inside reds mouths.
Publius 8 years, 11 months ago
This Speaker never did know the Rules of Parliament and still doesn't clearly. He doesn't even know that the PAC is a Standing Committee (or pillar of Parliament) not a Select Committee, which is the kind that Rollins called for the other day. Both are governed by completely different rules and procedures. The Opposition is worthless too though, because they ought not have simply sat by and acceded to the nonsense the Speaker has been doing and has done here. Obviously they do not understand their power in the Parliament and as leaders of the PAC. A gaggle of people on both sides who do not know Parliament and do not know what in the hell they are doing; and clearly do not care to know.
duppyVAT 8 years, 11 months ago
The PLP crafted these House rules under Alfred Sears ........... the powers of the PAC should be clearly stated ............ why was it necessary to have the AG Office interfere in the operation of PAC??? This seems to be nothing more than a political hatchet job by the PLP old guard ......... SAD.
BTW ........... where can we find these Parliamentary rules on-line??????
Publius 8 years, 11 months ago
The Powers of the PAC are clearly stated not to mention universally understood in Westminster Parliaments. The Speaker was talking total foolery yesterday and the Opposition just sat there and made no protest whatsoever. The AG has no jurisdiction in this regard. The Speaker, (who ought never have been elected Speaker because he is a novice and in mature Parliamentary democracies that is never done) simply does not know what he is doing and does not have the backbone to do right even when he is advised as to what is right.
licks2 8 years, 11 months ago
Thomas Jefferson said: " When governments fears the people, there is liberty. When the people fear the government there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government [sic].
The American and French revolutions were sparked by governments that that became tyrants and oppressed the people!! Our leaders are doing crap right in front of our faces and don't care what we think or feel is a dangerous sign. One day soon the load of criminal governance will spark an upraising like we have never seen in this nation!! FOR THE LIFE OF ME I CANT SEE HOW THE PLP CAN THINK THAT THEY CAN STILL GET AWAY THE KIND OF BEHAVIOUR THAT THEY DID DECADES AGO!! THE PEOPLE ARE NOT SHEEPLES ANY MORE!!!
TalRussell 8 years, 11 months ago
You have know you're not looking so good, when even Cuba's "Tool of Satan" makes you look bad. Comrade Castro thinks after his visit with the pope at the Vatican in Rome, that the pope's so impressive, he himself might be tempted change he ways by returning to attending church services. Then why not get the head bible thumpers to recruit the equally qualified PLP cabinet as church members? Da first Sunday morning sermon could cover sometin like; try impressing the people any PLP really cares a damn about their needs, and not just PLP's at the-very top PLP party's ladder.
duppyVAT 8 years, 11 months ago
The PLP Cabinet dare not go near any respectable church ........... maybe go somewhere like Philip McPhee or William Thompson cathedrals
EasternGate 8 years, 11 months ago
I thought that this bespectacled chipmunk was developing some backbone. Alas I was very wrong, just another PLP small shit!
Economist 8 years, 11 months ago
So if it is not tabled, then what??????
Publius 8 years, 11 months ago
It actually does not need to be tabled and never is tabled in the form it currently is in (that is, being one section of what will be the Auditor General's full Annual Report presented at year's end.) They simply made this up to please Pratt and Allen.
duppyVAT 8 years, 11 months ago
If it is not tabled ....... then when????????????
Publius 8 years, 11 months ago
It does not need to be tabled for the PAC to continue its investigations, investigations that can happen without the Auditor General doing an audit at all of the area. The Auditor General does not conduct audits at the instruction of anyone; the Office in that respect is autonomous. It just so happens that someone decided to leak that portion of his annual audit now in-progress, to the media. The Speaker does not have the authority to essentially disable a Standing Committee of Parliament by unilaterally declaring that it does not have the Powers it actually has. I guess at some point before the so-called rapture, the Opposition will figure out what the PAC is and how they are to proceed and respond to the Speaker's nonsense.
realfreethinker 8 years, 11 months ago
When stink ass brad and them were in opposition and the PAC reviewed the road improvement works, there was bo resolution brought to the house for them to look into it. The government of the day did not attempt to silence them. they were allowed to do their work and report to the people. This is pure bullshit,and we are just about at the bottom of the cesspool. This gov is steep in corruption.
duppyVAT 8 years, 11 months ago
PUBLIUS ................. we understand your point about the annual Auditor's report ........ but this UR 2.0 SHR section was leaked ............ this cannot wait until the end of the year (June 30 or December 31) ..... and soooooooo the Speaker may be in a Catch 22 situation this time according to the House rules ............. he has issued a precedent that may come back to create a serious impediment to accountability and transparency in governance
Publius 8 years, 11 months ago
Nothing has to wait is what I'm saying. The PAC can proceed with its duly constituted work without the tabling of that report. The Speaker is in no catch 22 at all regarding House rules. He simply created a ruling out of thin air that has no basis in Rules and Procedure or in law regarding the Powers of the PAC. The PAC is not investigating the Auditor General, it is investigating Urban Renewal. And by the way, the Speaker has the report, and so does the PAC (FNM and PLP MPs), so its not like the public doesn't know or cannot know what's in it. The Speaker's ruling was a "don't touch Pratt and Allen" ruling, and the Opposition just sat there and didn't say boo. Amazing.
SP 8 years, 11 months ago
................................................. Simple Solution ! ............................................................
As the PAC is confined to examining only documents that are tabled in Parliament.
Then simply table required documents in Parliament to expose the facts surrounding all matters in question.
Whats the problem?
SP 8 years, 11 months ago
..... You People Are Thinking With Party Colors Again, Instead Of Using Your Brains .....
Who promoted you geniuses to GOD, to predetermine that the PLP would not permit the documents to be tabled?
Should the PLP block the documents from being tabled, they automatically severely incriminate themselves, and would never be able to wiggle their way out of it!
Allow them the opportunity to exonerate or alternatively properly hang themselves.
Whats the problem?....DUH,DUH,DUH!
SP 8 years, 11 months ago
Stop Wasting Energy Talking Shyt. We Should Concentrate On Following Guyana's Lead
http://www.theguardian.com/world/2015...">http://www.theguardian.com/world/2015...
DUH HUH!
FNM_Retards 8 years, 11 months ago
Good block they stink FNM hip.
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