Proposed constitutional reforms would give greater control to parliament
Stabroek News
April 3, 2001
A Public Procurement Commission and bipartisan parliamentary
committees, proposed in the reforms to the Constitution, are intended
to ensure that the executive operates responsibly and transparently in
its governance of the country.
At present, policy decisions, administration and the review of
contracts are in the almost exclusive realm of the executive. The
National Assembly has few powers to scrutinise government policy and
administration. But both main parties have stated their enthusiasm to
quickly pass the necessary amendments along with the subsequent laws,
for the establishment of the relevant committees and commissions.
Parliament would then acquire substantial controls over the executive.
The final report of the Oversight Committee on Constitutional Reform
recommends that Article 119b of the new Constitution should now read:
"There shall be parliamentary sectoral committees established by
the National Assembly with responsibility for the scrutiny of all
areas of government policy and administration including:
natural resources; economic services; foreign relations and social
services."
To ensure that opposition parties are equally represented on these
committees: "The chairpersons and deputy chairpersons of each
parliamentary sectoral committee shall be elected from the opposite
sides of the National Assembly."
Public procurement
There have been many accusations of corrupt practices in the awarding
of contracts and other purchases.
Crucial to the Parliament's new powers would be the establishment of
a Public Procurement Commission, "the purpose of which is to
monitor public procurement and the administration of public procedures
in order to ensure that the procurement of goods, services and
execution of works is conducted in a fair, equitable transparent
competitive and cost effective manner according to the law and such
policy guidelines as may be determined by the National Assembly."
This will include monitoring the performance of procurement bodies
such as the Central Tender Board; recommending to the National
Assembly any new legislation in relation to procurement; monitor and
review the procurement operations of the ministerial, regional and
national procurement entities as well as those of project execution
units; investigate complaints from suppliers, contractors and public
entities and propose remedial action; investigate cases of
irregularity and mismanagement and refer matters to the police and
Auditor General.
The commission has wide ranging authority to demand from any
government ministry or department information for the purpose of
investigation.
The commission "shall consist of five members appointed by the
President after such members have been nominated by the Public
Accounts Committee and approved by not less than two thirds of the
elected members of the National Assembly." The chairperson and
deputy chairperson shall be elected by the commission, which will also
establish a secretariat comprising its officers and employees along
with a chief executive officer.
Limiting presidential appointments
The four existing commissions - judicial, public service, teaching
and police service - will also be more independent by taking away the
president's exclusive powers to make appointments. Primarily, a
parliamentary standing committee will be established to make limited
appointments to the commissions:
In the case of the Judicial Service Commission, whose independence
from the executive has in the past been questioned, the President will
continue to appoint the chancellor as chairman along with the chief
justice and the chairman of the Public Service Commission, only "after
meaningful consultation with the leader of the opposition" as
opposed to just "consultation."
The next member must have held office as a judge and will be
appointed in the same manner.
But the remaining one or two members - non practicing attorneys -
will be appointed by the National Assembly after "meaningful
consultation with such bodies as appear to it to represent
attorneys-at-law in Guyana."
The Public Service Commission consists of six persons - three members
appointed by the president after the same meaningful consultations
with the opposition leader - and two members appointed by the
president upon nomination by the National Assembly after it has
consulted such bodies as appear to it to represent public officers or
classes of public officers. The sixth member will be appointed by the
president "acting in accordance with his own deliberate
judgement."
The Teaching Service Commission would now have seven members instead
of six. The president will appoint one member nominated by the Guyana
Teachers Association, another three after meaningful consultation with
the leader of the opposition; and two persons nominated for
appointment by the minister assigned responsibility for local
government after that minister has consulted with local democratic
organs or bodies. "The chairperson and deputy chairperson of the
commission shall be selected by and from the members of the commission
using such consensual mechanism as the commission deems fit."
With the Police Service Commission, the chairman is appointed by the
President after meaningful consultation with the opposition leader.
The chairman of the Public Service Commission is automatically on the
board. Four members - as opposed to the previous one - are appointed
by the president upon nomination by the National Assembly after it has
consulted such bodies as appear to it to represent the majority of the
members of the Police Force; and another three appointed by the
president after the same meaningful consultation.
Any presidential appointment of the commissioner or deputy
commissioner of police must be preceded by meaningful consultation
with the leader of the opposition. Previously, the president had only
to consult the Police Service Commission.