HOA limits Cabinet’s power over contracts

Despite dissent from five opposition members, the House of Assembly narrowly voted on Tuesday to dramatically limit Cabinet’s discretion over contract awards in keeping with recommendations from the 2022 Commission of Inquiry.

If approved by the governor, the move will address COI criticisms about elected ministers’ wide-ranging discretion by taking power away from them and handing it to the Central Tenders Board, a body of public officers chaired by the financial secretary or their representative. Under the previous Public Finance Management Regulations, Cabinet was required only to “consider” the board’s recommendations before awarding a contract as it saw fit. But under amended regulations the HOA approved Tuesday, the Cabinet must follow the board’s recommendations except in cases where “exceptional circumstances,” unavoidable events or a national budget shortfall would make them unattainable.

Review

Deputy Premier Lorna Smith, who moved the motion to amend the regulations, said the reform resulted from a review of elected officials’ discretionary powers conducted pursuant to a COI recommendation.

“At the moment, Madam Speaker, Cabinet does not have to accept the recommendation of the Central Tenders Board,” she said. “In fact, you all know that, as it goes, the Cabinet does not have to accept the recommendation of the highest or any tender.”

The review, she noted, found that such flexibility could lead to inadequate safeguards.

“Therefore, with this resolution — which seeks to tighten and provide the requisite safeguards — … the Central Tenders Board recommendation can be rejected only in exceptional circumstances.”

Besides the financial secretary, the board includes the attorney general or their representative; the director of public works or their representative; the permanent secretary of the ministry involved in the tender or their representative; and another permanent secretary or their representative on a rotating basis.

‘This is wrong’

Opposition Leader Ronnie Skelton, the only other HOA member to participate in the debate on Tuesday, strongly denounced the resolution.

“Madam Speaker, these things sound simple, they sound logical, but they are destroying us as a government and a people, and nobody seemed to be able to stand up and say, ‘Enough is enough,’” he said.

He added that the resolution and some of the other actions arising out of COI recommendations are “going to really destroy our country and our people.”

In response to Mr. Skelton,Ms. Smith commented that “’exceptional circumstances’ could be pretty broad and could mean almost anything, depending on who brings it.”

Ultimately, the vote split along government-opposition lines. Supporters on the government side were Ms. Smith, Health and Social Development Minister Vincent Wheatley, Communications and Works Minister Kye Rymer, Junior Minister for Agriculture and Fisheries Dr. Karl Dawson, and Junior Minister for Tourism Luce Hodge-Smith.

Voting against the motion were Mr. Skelton and his opposition colleagues Myron Walwyn, Stacy Mather, Mitch Turnbull and Marlon Penn.

Other HOA members, including Premier Dr. Natalio “Sowande” Wheatley, were not in attendance.

Since the vote was a tie, Speaker of the House Corine George-Massicote was required to cast a vote.

“I was really hoping to hear a bit more in terms of the debate from members on their views,” Ms. George-Massicote said, adding, “Me now being in this position to have a casting vote should, in fact, vote in favor, but given the situation and where we are, I will give my casting vote and say aye. So therefore the motion is passed.”