Wondering also about procurement legislation

THE EDITOR: In a recent newspaper article Afra Raymond raised a number of issues, some of them constitutional, on what, to me, is the increasingly strange case of public procurement legislation.

He wondered why the delay in finalising the legislation, seeing that “all the legal and necessary steps have been taken.” I too wonder – after all, the law was passed in the People’s Partnership administration in 2015, seven years ago. I am by no means as familiar with the legislation as is Raymond, but I recall an amendment to the original which, as a citizen, I consider totally unacceptable.

The amendment – whatever the hymns to transparency and accountability we always hear lustily sung by political choirs – excludes government-to-government contracts from scrutiny by the Procurement Regulator’s Office. Such contracts and agreements have in the past caused this country no end of trouble and financial loss.

If a cloak of secrecy is again to be thrown over them, while taxpayers’ money is being spent on them, I may, as a citizen, have to examine my options. In the meantime, I strongly recommend to the Government a close reading of the March 1982 report by the late Lennox Ballah on government-to-government arrangements.

Raymond also wonders why our Attorney General invited our Chief Justice “to comment on the implementation of the new law.” He goes on: “That is a most unusual request since it runs the risk of eliciting a comment from the judiciary on matters which are likely to come to that institution for its rulings.”

I too find the AG’s request odd. Would he please be so good as to tell us what really inspired him to make it? Further, is it correct that he has delayed action towards implementation of the law because of the CJ’s views? Is this normal separation-of-powers behaviour? Or is there something more in the mortar than the pestle we think we see?

Also, when will the AG publish the CJ’s letter (unredacted, of course), as he publicly promised to do?

REGINALD DUMAS

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