From:TheBahamasWeekly.com
Democratising public institutions: Reform needed!
By Youri Kemp
Jun 10, 2015 - 11:38:00 AM
If Bahamians got through the implementation of Value Added Tax, they can
get through anything. Thus the confidence I have in reforming our
public institutions charged with monitoring the integrity of our
systems.
No matter how altruistic a person may appear be, or persons, things
happen. Well, politics happens! Even with persons in office that are
less than worthy of being in charge of a slum village, let alone a
thriving country, when they taste the power of the office and find
that the processes and institutions that were once abhorred when in
opposition, become very, very useful and necessary. Yes!
That's life. That's people. That's the human element. This is why
advocating for strengthening public institutions and democratising to
the people more institutions should be a priority.
There was an interview conducted on one of the local radio shows. The
leader of The Democratic National Alliance, Branville McCartney,is
advocating for the position of Attorney General to be a stand-alone
elected position. He made these remarks in light of recent events on the
rules and regulations of The Public Accounts Committee and a matter
involving a sitting cabinet minister interfering with a judicial and
administrative matter, and the consistent appearance of The Office of
Attorney General being placed in situations where it may have to
investigate and give rulings on matters involving their colleagues.
That indeed is a very progressive and comprehensive approach to
democratising institutions, and more along this line of thinking is
needed in today's Bahamas.
However, I wish to direct your attention to two other posts, both
equally as important, both constitutionally mandated and both with
latitude to carry out their duties on behalf of The Bahamas and the
people they serve: The Office of the Auditor General and The Public
Service Commission.
The Auditor General's office has the constitutional mandate to
investigate public expenditures at any given point and time to check for
inconsistencies and irregular spending and fiduciary issues that may be
as a result of malfeasance, negligence or all out theft and fraud. The
Public Service Commission has the constitutional mandate to exercise
disciplinary control over public servants, in addition to give advice on
promotions and increases in emoluments for public servants.
Before the recent information brought to light on the improper spending
in The Public Hospital Authority and The Urban Renewal Programme, and
just recently a 52 week jobs programme, very few persons had the
slightest knowledge that there was such a person as an Auditor General,
the person had a name and he had such a powerful agency.
Even fewer realize that we have The Public Service Commission as it is either, let alone who sits as the commissioners.
While there has been calls for the creation of an Office of The
Ombudsman, the Public Service Commission has most of the framework to
deal with some of the administrative and policy matters as it stands
now. The only difference in this scenario is that the Commission only
deals with internal public service matters, which means it does not hear
external complaints on the civil service, wider corruption and criminal
complaints of fraud and public service malfeasance and neither does it
typically investigate past middle management.
In light of the myriad of claims of public servants abusing their
position against the general public, and against their own colleagues
and comrades in the service, productivity of their services,and even
more so with regard to the recent issue of a senior cabinet minister
allegedly interfering with a civil servant's duties as an out-island
commissioner and a sitting magistrate that went all the way to the desk
of the Attorney General (which it should not have, because the public
service commission has the constitutional authority to discipline, and
by extension the power to investigate and probe under this one
perspective), the position is and can be made more important to the
framework of The Bahamas than many people think it is or even care
to know that it is or can be.
As it stands now, both positions of Auditor General and Public Service
Commissioners are appointed by The Prime Minister, in consultation with
The Leader of the Opposition and their recommendations are given to The
Governor General for their approval. An approval that they will not, in
most instances, withhold or reject for any reason, may it be slight or
drastic.
So, with all of that constitutionally mandated power, why aren't they
more effective and above all of the public scrutiny of their work? Well,
let's examine the problem:
- They, while constitutionally mandated, are appointed positions. So,
any government that has the power to appoint, has the power to
disappoint.
- Since they are appointed, it means that their first priority is to
the people that appointed them. Or, the person that has the power to
revoke their appointment. Not the wider public.
- While they are fixed positions constitutionally, because they are
appointed, means that if they wanted sensitive information to carry out
their work from a government that has the power to remove them, they
know how far to go with regard to their request for information to carry
out their investigations.
- These positions do not have veto powers, reach in powers above what a
sitting government allows them to reach in on, and neither do they have
at their command any supplementary investigations' agency,public or
private, which they can deputize to assist with information gathering
aside from their own.
- They don't have money earmarked in the national budget to carry out
their work, even if they had the manpower and all other forms of powers
legally mandated to them.
These five critical points are thee most important issues with regard to
the proper functioning of these agencies for the benefit of the wider
public. All other problems, optical inconsistencies and administrative
weaknesses, tie into these five core points.
So, how does one solve the problem that these positions of sinecure
allow to exacerbate? To follow the line of the DNA's leader, elections
would be a good start.
Of course, making them elected offices mean amending the constitution to
stipulate that fair and due elections must take place. This almost
certainly means a referendum to the people. A referendum would be
fitting in such important instances such as this.
While The Bahamas has faltered on winning referenda in the past, if a
referendum is what is needed to ensure such institutions are
strengthened for a better democracy, then a referendum is what we must
have.
Along with elections, I wish for my audience to consider some other
important governmental strengthening issues that may be addressed with
regard to reforming The Public Service Commission, The Auditor General's
office and introducing an Office of the Ombudsman, at the very least:
- Earmarked money that does not go below a certain percentage
threshold, and not to be manipulated by the government of the
day through any means other than a direct act of parliament and no more
than 2/3rd's of the vote. Not a simple majority.
- Allow for strict term limits for each post to run outside of the
national elections. This would provide clarity during a non-election
season where voters can assess the integrity of each candidate and their
suitability for the position. This would also work in favour of persons
not of the persuasion of the sitting government to be elected if the
general population feels as if a sitting government needs more
oversight.
- No person aside from a sitting member of parliament should be barred
from running for any post. If a former member of parliament wishes to
run fora post, he must be one parliamentary term removed in order to
become eligible.
- No person should hold the post for more than two consecutive terms.
In the event they wish to hold office again, theymust wait one term to
again become eligible.
- Mandate for these offices more investigatory powers, subpoena powers
and disciplinary powers in light of them giving theiradvice on final
measures to the Governor General and the parliament.
- Allow for these agencies to contract and sub-contract persons or
firms to assist with their duties if need be. These requests should have
a time limit for their approvals and must be approved by the parliament
indirect concert with the Public Accounts Committee on a 2/3rd's
majority vote.
- Allow for the powers of prosecution for the office of the Auditor
General and Ombudsman, separate and apart from the Attorney General on
matters directly affecting their mandated duties.
These are not radical ideas. These are understandable ideas. In many
countries, albeit not within the Commonwealth Realm, there are elections
held for the Auditor General and Ombudsman.
I think that, in light of our loopholes and issues surrounding the lack
of true oversight in many of our agencies, this is one time where The
Crown has not grown with the culture of politics within its former
colonies.
Youri Aramin Kemp, is
President and CEO of "KEMP GLOBAL", a Management Consultancy firm, based
in the Bahamas which serves all markets. Our core competencies are:
Business and Project Planning and Design; Project Execution; Market
Researchn and Analysis; and Operations Development. Through our
affiliates, we offer Construction Services; Public Relations Services;
and IT and back office support to small and medium sized businesses.
Email: globalviewtoday@gmail.com
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