Independent senator concerned by Finance Minister's input in procurment

INDEPENDENT Senator Anthony Vieira said he would only support the Public Procurement and Disposal of Public Property Bill (amendment and valuation) if the procurement regulator maintains control of procurement processes.

Speaking during debate on the bill in the Senate on Thursday, Vieira raised concerns over the proposed power of a finance minister to exerise their discretion in matters of procurement including the issuance of exemption orders. He said such power could create the appearance of misconduct and cause citizens to lose trust in government.

The new bill changes the Procurement Act of 2015 so that a ministerial order to approve exemptions from the act's regulations would become subject to Parliament's negative resolution rather than affirmative resolution.

Negative resolution means a minister's order would stand unless opposed by Parliament by way of a majority vote after its issuance, while an affirmative resolution, which was needed prior to the ammendments, would require Parliament approval prior to issuance of an order.

The bill before the Senate on Thursday retroactively validated exemption orders issued by Finance Minister Colm Imbert for Government's spending on a Caricom summit and 50th anniversary celebrations earlier this month and for the Judiciary under legal notices 206 and 164 respectively.

The bill also sought to exempt purchases under $1 million from full compliance with the Procurement Act.

The bill, after lengthy debtes in each house, was passed in the House of Representatives on Wednesday night and in the Senate, in the early hours of Friday morning.

On Thursday, Vieira suggested a committee-based approach for certain projects. He said the committees could use a simplified process for procurements under $1 million as opposed to the exemptions proposed in the bill.

He said, “Government must demonstrate leadership and commitment to the Procurement Act and we need to build a culture of planning, accountability and transparency within the state.

He added that grounds for direct procurement should be strictly interpreted and that the procurement unit should be responsible for proving that all such grounds were met.

Vieira said the government and the judiciary should lead by example in adhering to the Procurement Act.

“One bad chapter doesn't mean that the procurement story is over. But if that stain is allowed to remain on the record, I believe it will erode necessary and important gravitas. If the government and judiciary are seen as Rule Breakers, it will breed contempt for law.”

Vieira emphasised the importance of planning, accountability, and transparency in the operations of the State.

He said he was open and willing to consider validating the notices because of the challenges faced in implementing the Act. However, he was concerned about the negative perception that non-compliance could create.

Vieira said there must be transparency in that public funds are spent effectively, as required by Section 56 of the Act relating to government procurement contracts, not leaving the public out on how much money was spent and where it went.

He offered an alternative suggestion to have a limit on spending for public service accounting officers and CEOs of other public bodies, while still keeping in line with the procurement laws for transparency and fairness.

He also recommend maintaining a strong regulatory framework and an independent regulator and providing flexibility in specific circumstances, with exemptions for legal, accounting, and medical services.

Those exemptions, however, should not be granted without careful consideration to prevent misuse and abuse of the law.

Viera also criticised the government's lack of planning and commitment to the Procurement Act and called for a culture of planning and transparency.

Vieira hoped the bill would result in regulatory framework that delivered the best outcomes with minimal burden on both the public and private sectors.

Viera voted for the bill after further amendments were introduced in the Senate.

The House reconvenes on Monday to consider amendments made in the Senate.