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Speaker explains reasoning for ruling on PAC’s probe of urban renewal

By KHRISNA VIRGIL

Tribune Staff Reporter

kvirgil@tribunemedia.net

HOUSE Speaker Dr Kendal Major said yesterday that his decision to order the Public Accounts Committee to temporarily halt its investigation into Urban Renewal 2.0 took into account “procedural errors” that were prevalent in this case.

Although he would not place those missteps at the feet of the PAC, Dr Major said considering the way the matter unfolded from the moment Auditor General Terrance Bastian’s report into Urban Renewal was leaked to the media, the rule of law had to be the prevailing position. He insisted that had he received the report, it would have been tabled without delay giving the PAC the correct avenue to probe Urban Renewal.

Dr Major told The Tribune that while he was aware of the disappointment from the PAC on the direction the matter has taken, he was not at all concerned about the public’s perception that he intended to thwart the committee’s work.

Meanwhile, the three opposition PAC members – Chairman Hubert Chipman, East Grand Bahama MP Peter Turnquest and Montagu MP Richard Lightbourn met yesterday. According to Mr Turnquest, the meeting focused on the way forward and obtaining legal advice.

However, he said, there had been no decision yet on whether the PAC would contest the speaker’s ruling in the courts.

Dr Major said: “I am not concerned at all about the perception that I might have not wanted the PAC’s work to continue. That is preposterous.

“This was not a decision based on discretion, it was based on the rule of law. I was duty bound to follow that rule. I can say, however, that there were procedural errors.

“I don’t think the PAC did anything wrong. I put no fault on the PAC, but there were procedural errors and there was also precedent that was taken into account from which I tied the way forward together and the intent.”

Dr Major that the PAC should have the powers to operate freely but, he said, this can only happen within a certain framework.

He said there will be no further deliberation or consultation on his part into this case, adding that he remains optimistic that the government and its relevant ministers will table the documents which the PAC needs to carry out its work.

“The PAC should work freely but within a framework. I can only hope now that ministers make available the reports so that the PAC can do the work that it is intent on doing.

“The Constitution speaks of the auditor compiling a report and that it is given to the Speaker and without delay. Had I received this report, it would have been tabled right away and we would not be facing this situation.

“I am bound by the law here. And as much as I feel the disappointment of what has transpired and how it ended, I have to believe that everyone would do what should be done,” Dr Major said.

On Wednesday, Dr Major ordered the PAC to “stay its hand” regarding its probe of Urban Renewal 2.0 until Parliament can decide on the way forward.

He said in seeking 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 had also advised that the PAC is confined to examining only documents that are tabled in Parliament.

The PAC has said it is “taken aback and shocked” by the speaker’s ruling. The group also pledged to seek legal advice and weigh the possibility of taking the matter before the courts.

The PAC previously asked Mr Bastian to investigate Urban Renewal and its Small Homes Repair Programme. His report found numerous areas of concern 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, Mr Chipman said he would use the committee’s power to subpoena the co-chairs, however, Dr Major did not authorise this request.

Comments

Tarzan 8 years, 11 months ago

Let's cut through the fat. Highly embarrassing for government. Bury it. You say froggy, I jump!

"Nothing to see here. Move on."

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duppyVAT 8 years, 11 months ago

The FNM should call for the Speaker to resign .............. his ruling was improper and ludicrous ............... they have every reason to bang on the tables infinitum

But it does show that the FNM/PAC Chairman was caught unprepared by this ruling ..... blind Speaker leading the blind PAC .................... DPM and AG blind-sided all of them

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banker 8 years, 11 months ago

The speaker was forced to eat his own feces to cover up the government's corruption.

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FNM_Retards 8 years, 11 months ago

PAC is run by a bunch of dumb azz FNM retards - fck the PAC it is just like 2007-2012 when the FNM RAPED AND PILLAGED The Bahamas and gave it away to Foreign companies The PAC can eat ^^ bankers feces since he likes talking so much shit with his dumb FNM boot lickin backside. Nobody but the FNM boot lickers give a fck what the PAC says.

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Economist 8 years, 11 months ago

If he had received the report? If? That is the problem, the law needs to be amended so that the report IS tabled within 30 days of it being completed.

The laws were written on the assumption that a reasonable person would do such and such. Sadly, those in power have to made to act reasonably as they are not up to the job to do as they should.

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