Dear Editor,
Mr Christopher Ram in a recent article titled ‘Government can spend up to November 30, 2015 without approval’ (SN, November 13) outlines a scenario that could allow the PPP/C to spend moneys belonging to the state up to the period stated, without the need for parliamentary approval. I believe that the majority of citizens are grateful to Mr Ram for alerting us to the many loopholes present that could allow a government that has no care about its democratic image or its democratic credentials to abuse the public purse; I certainly am.
Where Mr Ram’s article may be lacking in not sufficiently informing readers on the subject it addresses, is the unconstitutional or illegal spending that is currently taking place. I am referring to spending that has taken place outside of that authorized by the Appropriations Act 2014. Some details of this unlawful spending are in the public domain, vide Financial Paper No. 1/2014 outlining both current and capital expenditure or ‘Statement of Excess’ totalling $4,553,761,991 for the period ended June 16, 2014.
In accordance with constitutional articles relating to accessing the Consolidated Fund, Minister of Finance Dr Ashni K Singh on June 19, 2014 laid in the National Assembly, Bill No 12 of 2014 for consideration by the Assembly of the above mentioned sum of money. The Ministry of Finance in a statement issued on June 24, 2014 said that the Minister is aware that he must defend the expenditure when the National Assembly next meets and that he intends to do so. Well, the Assembly met on July 10, 2014 but the Hon Dr Singh ‘ducked’; he did not show up!
The government then did not reconvene the House until it automatically went into its two months recess on August 10.
Following the end of the recess period, the government once more saw to it that the House did not meet for another month. President Ramotar then announced that there would be a sitting of Parliament on November 10. Before the appointed hour, however, the President by Proclamation on November 10, prorogued Parliament.
Parliament, therefore, and as a direct result of the actions of a minority executive, is unable to fulfil its constitutional function. The proroguing of Parliament, however, has no impact on the Minister’s spending which remains unlawful, unless and until it is ‘approved by the Assembly’ in accordance with article 219. (2) of the constitution.
Withdrawals can only be effected from the Consolidated Fund by an Appropriation Act or if authorized under article 219 of the constitution (article 217). The state of prorogation has no effect on this constitutional requirement which only allows for the government to withdraw from the Consolidated Fund where Parliament has been dissolved (219. (3)).
It means, therefore, that the government has been spending unlawfully. That they clearly intend to continue doing so is frightening. The government which is expected to uphold the law has now become the chief lawbreaker. In this context, President Ramotar’s action of proroguing the 10th Parliament assumes the nature of commissioning a crime. We appear to now have a rogue state or government gone wild!
Mr Ram may or may not agree with me and I look forward to his response, if he is so desirous, to my comments.
If I am permitted a further comment it would be to say that when next voters are asked to choose a new government, a few searching questions will be put to them. Among these will be: (i) Would you like to have a government that upholds the law and does not break it? (ii) Would you like to practise local democracy in accordance with constitutional provisions which say that you have the right to ‘manage and develop’ the community in which you reside, something which the PPP/C has denied you? And (iii) would you wish to allow the PPP the opportunity to continue to govern without parliamentary scrutiny? More right-thinking Guyanese will then come to the conclusion that the PPP’s shelf life has expired and that it needs a period to rest and reflect and an opportunity to regroup.
At that time a David Granger-led government of national unity will begin the arduous task of restoring sanity and probity to public life.
Yours faithfully,
Ronald Bulkan
