Moultrie quashes former speaker’s ruling on PAC

House Speaker Halson Moultrie today overturned his predecessor’s decision to limit the powers of the Public Accounts Committee (PAC) back in May 2015.

The ruling, which was handed down by then House Speaker Dr. Kendal Major, came as the PAC was investigating the auditor general’s report on the Urban Renewal program. Among other things, Major ruled that because the report was not tabled in the House of Assembly, the PAC cannot take “cognizance of the report”.

He also ruled that PAC’s powers 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”.

Addressing the House of Assembly on Wednesday, Moultrie said Major’s ruling contributed to the dilution of the legislative branch’s oversight function.

Another contributing factor is the failure of multiple administrations “to be answerable to the legislature”, Moultrie said.

“This is undemocratic and unconstitutional,” he continued.

“So it is the ruling of this chair on the scope and powers of the Public Accounts Committee, it is the ruling that that decision is now overturned and set aside.

“…In essence, the scope and powers of the public accounts committee is hereby restored.”

Moultire said the PAC will have the power to investigate and review government expenditure; compel witness’ attendance without government intervention or advice and to call ministers to attend hearings, among other things.

The 2015 ruling by Dr. Major was met with shock in some quarters.

Explaining his decision at the time, Major said given that the report was not tabled in the House of Assembly, it cannot “attract the scrutiny of the PAC”. He said it is up to the House “to decide by way of resolution, on a motion brought for the purpose, whether it wishes to cause the said report to be tabled in this honorable House and referred to the Public Accounts Committee in which the powers, papers and records powers may be properly invoked either informally or by formal summons issued pursuant to a resolution of the House if necessary”.

As it related to the PAC’s power to call witnesses, Major said, “If a formal summons has to be issued, it has to be done pursuant to a resolution of the entire House, which alone can punish for contempt with respect to matters into which the House has directed an inquiry,” he said.

The auditor general’s report into Urban Renewal’s Small Home Repairs (SHR) Program revealed that 11 contractors were paid $171,000 for work that was either incomplete or never done. The report also lists a litany of issues discovered in the issuance of contracts, contractor requirements and the lack of a competitive bidding process associated with the program.

Moultrie said on Wednesday that the details of his decision will be presented to the House for those who want to examine the legality and the constitutionality of it.

The speaker addressed the House for the first time since he resigned from the Free National Movement last week.

“I have taken a decision to become an independent member of Parliament and to continue to serve as an independent speaker,” he said.

The post Moultrie quashes former speaker’s ruling on PAC appeared first on The Nassau Guardian.

source https://thenassauguardian.com/moultrie-quashes-former-speakers-ruling-on-pac/