‘Protect the Treasury’ constitutional change

THE EDITOR: In light of our current system’s inability to protect the public purse adequately – the matter of the ferry is only the most recent and galling, but this spans across administrations – I would like to forward a “protect the Treasury” constitutional amendment proposal.

Something like this has never been done anywhere in the world, as far as I am aware.

I am willing to work with anyone and any group to get something along these lines as a permanent part of our system of governance.

Underlying principle:

Protection of the Treasury is the most important function of the Parliament and there should be serious consequences when money in the Treasury is misspent by our elected representatives. They have a fiduciary responsibility to protect the Treasury and to only spend money as legally authorised by Parliament. If they break this trust, consequences need to be serious.

Proposed amendment:

1. Whenever it is found that the executive has spent money that is at variance with what Parliament has explicitly authorised, the executive will be immediately dissolved, Parliament will be dissolved, and a general election held in 90 days.

2. Determination of variance in expenditure will be in accordance with the annual report from the Auditor General. (This will no longer be the toothless document that it currently is.)

3. An immediate investigation will be made into the variation in expenditure.

4. Any person under such investigation will not be eligible to contest the general election, or be appointed to Parliament or to Cabinet in any way, shape or form while the investigation is underway.

5. The DPP will be involved in these investigations to determine whether any criminal offence has been committed.

6. If no criminal offence has been committed, but a serious level of irresponsibility has occurred, then the person will be barred for a period of ten years from contesting any election, appointment to any government position, appointment to any state body, or appointment to any entity in receipt of state money in any way shape or form.

7. If a person is so found of such irresponsibility, they will have the right to appeal to an appropriately constituted body.

Limitations:

Our Constitution does not have effective separation between the executive and the legislature, and so the executive also controls the legislature. This needs to be changed in a wider constitutional reform.

Nevertheless, this is still an important first step.

Suggestions, improvements and amendments are welcome.

DR KIRK MEIGHOO
, Cunupia