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February 3 ,2021

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Dear Editor,

The desire of the government parliamentarians to remove David Patterson as Chairman of the Public Accounts Committee (PAC) is rife with suspicion. Admittedly Patterson has a fraud charge against him before the Court, but until the Court rules, the presumption of innocence until proven guilty holds true for him under Common Law principles. Further, the People’s Progressive Party/Civic (PPP/C) government cannot use the charge as any legitimate excuse to have Patterson removed from sitting on any committee.

The feigned moral high ground the government is seeking to perch itself comes at a price of ignoring its history. They perhaps think people have forgotten or they just don’t care. They are gambling that ‘it is what they say it is’ and will be accepted by all. Then Chairman of the PAC, Irfaan Ali, who is now President, had 19 fraud charges against him. Ali not only sat in the Parliament and as Chair of PAC while these charges were hanging over his head, but he also ran for president.

Chief Whip Gail Teixeira has no locus standi to seek Patterson’s removal by a no-confidence vote without exposing the government’s hypocrisy. The opportunity is taken to remind the whip, who might be having convenient memory lapses, that Anil Nandlall who was charged for alleged theft of law books continued to function in the Assembly whilst the charge was active.

The cases of Ali and Nandlall were dismissed/withdrawn when the PPP/C entered office. Court adjudication did not determine their innocence. During the period their matters were under judicial review they enjoyed the Common Law right to the presumption of innocence until proven guilty by the Court. Patterson is no less deserving or without similar rights.

The government’s antics to remove him is akin to a transparent smokescreen. Pardon the oxymoron, but it is necessary to best describe what they are doing. Like a squid they are emitting a black ink hoping to avoid accountability by distracting attention. They are finding one excuse after another not to have the PAC function or remove the incumbent chair. They are acting as though they fear scrutiny.

The last time the PAC was able to do its work they were meeting with officials of the Army to account for their spending in 2016. For the year under review Brigadier Mark Philips was the Chief of Staff.  The government is creating suspicions that it is skittish in having the army provide answers during the stewardship of Phillips, who is now Prime Minister.

The political immaturity is so ridiculous were it not for the seriousness of overseeing government’s spending the government’s behaviour would attract big suck teeth. They are losing sight of the fact that the interest of the Guyanese people would be served if they stop acting as though they fear Patterson’s oversight ability, are running scared or have something to hide.

The acts not to have the PAC sit predate the attempted no-confidence vote on Monday. It was first recognised with the Speaker’s dilatory tactics not to have the committee established, the abrupt aborting of a meeting, to calling for the chair’s resignation.  As every day goes by it is becoming clearer and clearer the government is leading Guyana towards conflict.

The Court has been asked to deliberate on the allegations of fraud against Patterson. Until such time a ruling is handed down indicting him, he should be able to continue his work in the PAC without being subjected to political harassment.

Yours faithfully,

Lincoln Lewis.

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Actions of Mr. Patterson and his colleagues on the PAC place public scrutiny and accountability in jeopardy

February 3 ,2021

Source

Dear Editor,

The People’s Progressive Party/ Civic (PPP/C) is in no way seeking to obstruct the work of the Public Accounts Committee (PAC) or to prevent scrutiny of Government’s spending.

The PAC is currently examining the years 2016, 2017, 2018 and 2019. A period during which Mr. Patterson, a minister of the then APNU/AFU Government, was part of the Cabinet that authorized spending. The machinations, maneuvers, spin doctoring and deflecting will not change the reality that the APNU/AFC are spinning and deflecting the reality of the squandermania.

Mismanagement and the lack of accountability is what is being exposed and will continue to be exposed as we examine the era of the APNU/AFC 2015 to 2020 at the PAC.

Why would the PPP/C want to obstruct such exposure? The arguments to suggest otherwise are hilarious.

Secondly, the PPP/C Members of the PAC are not seeking to remove Mr. David Patterson as a member of the PAC. We have fully accepted that through the process of the committee of selection, the Opposition is entitled, just like the Government, to name its members to any committee. Mr. Patterson has been so named a member of the PAC.

However, our contention is that he cannot and should not preside over meetings of the PAC that is examining spending by APNU/AFC of which he was a part of, and which based upon evidence, he himself is embroiled in acts of questionable spending, including the acceptance of expensive gifts. This was compounded by the fact that when the matter was first exposed, he tried to cover his acts and only accepted when inconvertible evidence was presented in the media. At which time he attempted to make such a preposterous violation trivial.

The refusal by any other member of the Opposition to preside over the meeting must be seen for what it is, dubious, deceptive, and set in a mode of trickery. All should be aware that Mr. Patterson presided over the debate, a clear conflict of interest since he was the subject and the party that would have been affected by the successful passage of the motion. He used his office as Chairman to attempt to block the debate a clear abuse of privilege. He presided over a debate where he allowed opposition members to hurl personal insults at Government Members of the PAC. He allowed it because it served his own personal interest.

Once clarification was given by the Clerk of the National Assembly that the Motion was properly put and should be proceeded with, the next logical step was a vote.

At that stage, Mr. Patterson vacated the chair, knowing fully well, that the game plan was to leave the PAC without a Presiding Officer. A clear diabolical plot.

The actions of the APNU/AFC and Mr. Patterson and his colleague members of the PAC place public scrutiny and accountability in jeopardy since apart from the task of scrutinizing the Public Accounts, for the year 2016, 2017, 2018 and 2019, that is currently before the Public Accounts Committee  we have the task of the approval of the Auditor General’s Budget for 2021, which must be presented to the Parliament by the Chairman of the PAC and adding to that that so important task of the reconstituting of the Public Procurement Commission (PPC). The above-mentioned agenda items are of great national importance and should they not be done will seriously affect transparency, accountability, and good governance.

Our motion was to have Mr. Patterson remove himself from being the Chairman of the Public Accounts Committee (explicitly stating that he can remain a member) and if he does not remove himself, the Committee should determine and take necessary action for his removal.

The fact remains Mr. David Patterson while functioning as Minister of Public Infrastructure during the period 2015 June to 2020 July received expensive gifts totaling millions of dollars. He is yet to give an account for his actions.

Can a person who practiced such recklessness head a committee which will examine Government spending while he was a part of the Government and responsible for the Agency which has been cited for multiple breaches, under his tenure? The case is clear.

Yours faithfully,

Bishop Juan A. Edghill,

Minister of Public Works

Django

Patterson should be able to continue work in PAC without political harassment

Lincon Lewis is your typical PNC who don’t have a clue how to run a cake shop...would put a cat to watch over milk....

sachin_05
@Ramakant-P posted:

The Government has a right to replace all political appointments.

Not understand what is PAC.

Here is an explanation from an old article.

What is the PAC?
The Standing Orders of the National Assembly are in effect the rules of procedure governing the work of the Assembly. Much of the Assembly’s work is carried out by various committees. One such committee is the PAC. Standing Order 82 states that there shall be a Standing Committee to be known as the Public Accounts Committee to consist of not less than six or more than ten members. Although not specifically stated, the composition of the Committee has traditionally been in proportion to the individual political parties’ representation in the Assembly. The Chairperson of the PAC must be a member of the main Opposition in the National Assembly.

Unlike other committees, a Standing Committee functions for the duration of the Assembly coinciding with the life of Parliament. For example, the recently appointed PAC will serve for the duration of the Tenth Parliament. After the next elections, a new PAC will be formed.

The Committee is expected to represent the Legislature as whole and not the separate political parties to which individual members belong. As Harold Wilson, the late British Prime Minister and one-time Chairman of the PAC, pointed out:

The essential fact is that this Committee is a Committee of the House responsible to the House as a whole, and is not a battleground for party faction…. I believe it is true to say that the authority of the Committee is greatly enhanced by its unanimous character and I hope the complete objectivity of its report. It is fair to say that many Honourable Members of both parties have made great endeavours and have sometimes sacrificed personal views to ensure that this shall be so.

PAC’s examination of the Public Accounts
The main function of the PAC is “to examine the accounts showing the appropriations of sums granted by the Assembly to meet Public Expenditure and such other accounts laid before the Assembly as the Assembly may refer to the Committee together with the Auditor General’s report thereon”. In other words, the PAC’s role is to examine the audited consolidated financial statements of the country, known as the Public Accounts, as well as those of ministries, departments and regions. The PAC also examines the audited financial statements of entities that are either state-owned or where controlling interest vests with the State. These entities are also required to have their audited accounts laid before the National Assembly.

The PAC’s examination seeks to ascertain to what extent expenditure has been incurred in the way Parliament intended. It uses the Auditor General’s report as a convenient starting point to examine accounting officers and other persons entrusted with the receipt and utilization of public funds and other assets. At the end of its examination, the PAC submits a report of its conclusions and recommendations to the National Assembly. Within 90 days of the submission of the PAC report, the Government is required to respond in the form of a Treasury Memorandum indicating what actions it has taken or proposes to take in relation to the PAC’s findings and recommendations, thus completing the accountability cycle.

The PAC’s scrutiny of the national accounts along with the reports of the Auditor General is an integral part of public accountability.As such, its timely examination and reporting back to the Legislature are of crucial importance. Ideally, this cycle should be completed within 12 months of the close of the financial year to enable legislators to properly review the government’s budgetary proposals for the next commencing fiscal year.

Over the years, especially during the 1990s, there have been delays by the PAC in carrying out such examinations and reporting back to the Assembly. The same can also be said of the Government’s Treasury Memorandum that was never issued for the years 1992 to 1998. The situation has since improved, since the PAC has completed its work on the 2009 Public Accounts. The Auditor General (Ag.) has submitted his report on the 2010 accounts which are currently being examined by the new PAC.

Constitutional Amendment of 2001
In 2001, the Constitution was amended to provide for the establishment of the Public Procurement Commission to oversee the procurement of goods and services by the Government. This amendment places an additional responsibility on the PAC in terms of the appointment of the five Commissioners. The PAC nominates these Commissioners, and the President makes the appointment, subject to the approval of two-thirds of the elected members of the National Assembly. Regrettably, after eleven years, the Commission is yet to be established.

The 2001 constitutional amendment also provides for the PAC to exercise general supervision over the functioning of the Audit Office in accordance with that office’s Rules, Policies and Procedures Manual. The background to this is that once the Audit Office is taken out of the Public Service and given autonomous status, there must be a new form of accountability relationship. In other words, the Auditor General has to be accountable to someone. Since in essence the Audit Office serves the Legislature and not the Executive, it is entirely appropriate for a committee of the Legislature to oversee its operations.

That committee is the PAC which acts as a kind of board for the Audit Office. It would be incorrect to suggest that the Auditor General can ignore reasonable guidance offered by the PAC, and it is worth emphasizing that only in the exercise of his duties under the Constitution, the Auditor General shall not be subject to the directions or control of any person or authority. In auditing, there is no concept of absolute independence. Likewise, the PAC should not harbour the feeling that it could impose its authority on the Audit Office in terms of its day-to-day functioning.

The Audit Act 2004
The Audit Act 2004 elaborates on the general supervisory role of the PAC, as part of the strengthening of Parliamentary oversight over the work of the Auditor General, as follows:

The Auditor General may, with the approval of the PAC, make regulations for the administration of the Act. These include a Rules, Policies Procedures Manual regarding the management and operation of, the conduct of audits by, and the standards by which such audits shall be conducted by the Audit Office. These regulations have to be tabled in the National Assembly which may confirm, reject or amend them;

The appointment and discipline of all senior officers and senior employees are subject to the approval of the PAC. It was under this section that the eleven officers referred to in the introduction to this article were appointed;

The Auditor General is required to submit to the PAC the proposed annual budget for the Audit Office, including work plans and programmes. The PAC reviews the budget and provides comments for consideration by the Auditor General who shall revise and resubmit it for endorsement by the PAC;

Within four weeks of the end of each quarter, the Auditor General is also required to submit to the PAC a report on the performance and operation of the Audit Office, and an Annual Performance and Financial Audit Report within four months of the end of the fiscal year; and

In respect of each fiscal year, the PAC shall appoint an independent auditor to audit and report on the financial statement and other information relating to the performance of the Audit Office.

Conclusion
The PAC has a crucial role to play in ensuring that public funds are used in keeping with the intention of Parliament, particularly as regards economy, efficiency and effectiveness in the use of such funds. It also has to consider to what extent the desired outputs, outcomes and impacts have been achieved. The PAC’s role is complementary to that of the Audit Office since it relies in a significant way on the detailed examination of and objective reporting by that Office. It is mainly for this reason that there should be a close working relationship between the two bodies.

Since the Audit Office is now delinked from the Public Service and is given autonomous status, it is entirely appropriate for it to be placed under Parliamentary oversight via the PAC. It is therefore important for respect to be shown for this arrangement and for all parties concerned to work towards a harmonious relationship in the interest of good governance, transparency and greater public accountability.

Finally, it is regrettable that the PAC has not yet delivered on its responsibility for nominating the commissioners for the constitutionally mandated Public Procurement Commission. It is still not too late to do so.

Anand Goolsarran

https://www.stabroeknews.com/2...-accounts-committee/

Django

Lenox Shuman may replace David Patterson as Chairman of Public Accounts Committee

Last Updated on Tuesday, 2 February 2021, 10:58 by Denis Chabrol

Lenox Shuman

Leader of the small opposition Liberty and Justice Party (LJP), Lenox Shuman may emerge as the Chairman of the Public Accounts Committee (PAC), if the major opposition coalition of A Partnership for National Unity+Alliance For Change (APNU+AFC) continues to insist that current chairman, David Patterson must remain as chair.

Efforts by the government members of the PAC to remove David Patterson from its Chairmanship on Monday failed because he refused to put a motion on the floor for him to cease being a member because he is embroiled in a controversy over receiving pricy gifts, funded by several ministerial agencies, for his birthday.

He has also been charged with a multimillion dollar fraud in connection with a feasibility study for the proposed new Demerara Harbour Bridge.

Governance and Parliamentary Affairs Minister, Gail Teixeira said on Monday that the issue would have to go back to the Committee of Selection which is chaired by House Speaker Manzoor Nadir. “If the opposition continues on their position that none of them will take the chair, then obviously the Committee of Selection will have to go back and raise the issue as to the selection of the Committee and the Speaker will probably have to get involved in having another election of the (Public Accounts) Committee Chair,” she told reporters.

Well-placed sources have explained that while the government enjoys a 5-4 majority in the Committee of Selection, it is unlikely that the APNU+AFC members would vote for one of its parliamentary colleagues to replace Patterson.  Sources familiar with parliamentary procedures said government might then be forced to use its parliamentary majority to amend the Standing Orders- the rules governing the House and Committees- to allow for the PAC Chairman to be drawn from either the major opposition or a small opposition party as well as increase the number of committee members to allow for Mr. Shuman to be nominated and eventually selected as PAC Chairman.

Mr. Shuman is already Deputy House Speaker, a position that has been conventionally held by the major opposition party, and Aviation Adviser to the government. Shuman is a parliamentarian under the joinder election system that his LJP has shared with A New and United Guyana and The New Movement.

An opposition parliamentarian is required to chair the Public Accounts Committee.

After an internal debate among PAC members, Public Works Minister Juan Edghill said Mr. Patterson refused to recuse himself from a debate over whether he should be removed as the Chairmanship.  Mr. Edghill says after the Clerk of the National Assembly, Sherlock Isaacs advised that the motion was properly put because no notice was required, Mr. Patterson recused himself from the Chairmanship.

However, Mr. Edghill says the motion was never put to a vote and then the other opposition members of the Public Accounts Committee refused to chair the Public Accounts Committee.

The APNU+AFC believes that government has hatched a plan to remove Mr. Patterson, a British-trained Quantity Surveyor, from the PAC because the PPP wants to escape scrutiny while examining the Auditor General’s reports.

However, several of those reports include 2015 to 2020 when the coalition was in the seat of government

Django

Oh the arrogance and stupidity of the fake bishop Edghill!  The motion before the PAC was " to have Mr. Patterson remove himself from being the Chairman of the Public Accounts Committee (explicitly stating that he can remain a member) and if he does not remove himself, the Committee should determine and take necessary action for his removal".  In effect Edghill wants to pass a motion to have Patterson resign".  And, he wanted Patterson to chair the proceedings considering the motion.  If this isn't arrogance and stupidity then nothing is.  Procedurally, Patterson did what any reasonable human being would have done--he simply scuttled the plot by not chairing the meeting.  Now, the PPP is talking about changing the rules governing the PAC so they could replace Patterson.  In other words, throwing away the principle of the opposition overseeing public accounts.  Thereafter, they obviously plan to steal unhindered.

T

Sorry, Tota! He SHOULD have recused himself as soon as there was any suspicion, and stay out until he is cleared! Which he won't be!

FM
Last edited by Former Member
@Former Member posted:

Sorry, Tota! He SHOULD have recused himself as soon as there was any suspicion, and stay out until he is cleared! Which he won't be!

Yes, I agree, this should be the course of action in a functioning democratic system .  Guyana's is not a democratic system.   It appears as if the belief is that democracy begins and ends with elections.  As a young activist I subscribed to this view but I have seen too many instances of political betrayal to maintain this position.  Admittedly, the problem is not unique to Guyana.  However, in light of the state of politics in Guyana, Patterson should not yield.  He may be a crook but so are Edghill, Shuman and many of the others.  Why should Patterson make way for a PPP crook?

T
@Totaram posted:

Yes, I agree, this should be the course of action in a functioning democratic system .  Guyana's is not a democratic system.   It appears as if the belief is that democracy begins and ends with elections.  As a young activist I subscribed to this view but I have seen too many instances of political betrayal to maintain this position.  Admittedly, the problem is not unique to Guyana.  However, in light of the state of politics in Guyana, Patterson should not yield.  He may be a crook but so are Edghill, Shuman and many of the others.  Why should Patterson make way for a PPP crook?

Although I understand your position,Tota, I don't agree with you on your stance! It would be far better to yield and give them what they want! Power! To do as they had done before,  but watching their every move. I had advocated that the coalition quickly yield election victory to the PPP, now look at the mess that was created as a result of their reluctance to do that, including the threat of sanctions and International condemnation from hypocrites! But, perhaps, fear of what the PPP might do to win the voters over for several elections ahead had caused their futile reactions! The best advice was given about 2,000 years ago, if someone forces you to walk a mile, walk 2 miles! (Matthew 5: 41)! Mental judo!

The PPP only won 2 more seats than the coalition! Shuman's gift will backfire on him eventually! Now, let us watch them be their true selves! Gotta improve on their previous stealings! Only way out of this situation! Politics is the way to wealth for those who can't see any other way to become rich! The people? They privately say to themselves, fk the people! What do they give us besides their votes? We will promise them better than the other side! Then find excuses why we couldn't deliver!

FM

Let the PPP show they are more honest!

Iz whuh yuh tawkin bowt, fule? Wee gun leh awl dat munee git away frum us? Dare mus bee kikbaks an udder ways fuh mek munee ar wee wud bee wasin tyme in dis dam fing guvmint bizness!

Yu lyk wasin tyme, nuh, yuh dam fule?!!

FM
Last edited by Former Member

If you guys are going to criticize the PPP, then do it for the present and not the past. Lying comes easy when you are in the opposition.

This should get you people going.  There wasn't anyone on the forum for the past 20 hrs.

R
@Ramakant-P posted:

If you guys are going to criticize the PPP, then do it for the present and not the past. Lying comes easy when you are in the opposition.

This should get you people going.  There wasn't anyone on the forum for the past 20 hrs.

Where have I criticised your masters, kant?

FM
@Ramakant-P posted:

If you guys are going to criticize the PPP, then do it for the present and not the past. Lying comes easy when you are in the opposition.

This should get you people going.  There wasn't anyone on the forum for the past 20 hrs.

You are not in the opposition and you lie all the time. It's a shame that you have lost your credibility.

Mitwah

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