Log In

Reset Password

Dennis ?not entitled? to audit accounts

Bermuda Housing Trust chairman Ronald Simmons has rejected the Auditor General?s claims that he is entitled to audit the Trust?s accounts and that the financial statements should be available for public consumption.

Mr. Simmons said that ?contrary to public perception? the BHT is not a Government agency and it is therefore not permissible for AG Larry Dennis to peruse its financial affairs ? while insisting once again that the BHT Act of 1965 does not explicitly require the Trust to place details of its financial position into the public domain.

Mr. Dennis told on Monday that the refusal of the BHT to publicise its finances was ?absolutely atrocious? and that he would be writing to the Trustees to inform them that he has a right to audit the Trust under the Audit Act. He also questioned whether the BHT, which generates some of its capital from donations, should be required to hand over its financial statements to the Charities Commission for inspection.

The BHT ? whose aim is to provide low-rent accommodation for local seniors ? recently hiked up the rents of its 82 units by as much as double in some cases, to cover what Mr. Simmons has said are spiralling maintenance costs and to generate capital to add yet further to their housing portfolio.

BHT tenants, many of who are on limited fixed incomes, are far from amused however and argue that they cannot realistically afford to pay the new rates and that the level of maintenance on BHT properties has been drastically over-stated.

Thirty-two residents are taking their fight to Magistrates? Court in October and are represented by Opposition House Leader John Barritt ? the latter recently labelling the rent increases as ?ridiculous and unprecedented? while calling on the BHT to make financial statements public so as to justify what will be a nigh on 50 percent increase in its rental income.

Mr. Simmons is sticking to his guns. ?The Board reiterates its position that it has made and will continue to make its accounts available to persons or parties that are interested in assisting the Board in the carrying out of its mandate,? he said.

?The financial statements of the Trust are audited by one of the independent international ?big four? audit firms and have been so for at least the last 12 years. It should be noted that the audit of the accounts of the Trust for the year-ended March 31, 2005 are substantially complete. Contrary to public perception, the Bermuda Housing Trust is not a Government agency and therefore, is not covered under the Audit Act of 1990. Section 2(2) of that Act defines what constitutes a Government-controlled entity subject to audit by the Auditor General. The Bermuda Housing Trust fits neither of these criteria. Unlike the accounts of Government controlled entities ? quangos ? the accounts of the Bermuda Housing Trust are not required to be laid before the Legislature.

?The Trust has received a legal opinion that states that since it is incorporated under its own Act ... it is not subject to the Charities Act. Also, the Charities Act does not apply to entities incorporated under their own Act.?