Premier: Abuses will be a thing of the past
Politicians who try to influence the awarding of government contracts could face a $10,000 fine and a year-long jail sentence under a new bill proposed by Premier Paula Cox.The penalties, which would also apply to contractors and public officers found guilty of collusion, are contained in phase two of Finance Minister Ms Cox’s good governance legislation, which she tabled in the House of Assembly yesterday morning.The Premier later vowed at a press conference to make “clean hands” and fairness with the public purse a hallmark of her administration.She said there should be equal access to government contracts for all “without any fear that there is a presumption of bias or special treatment or preferred treatment, because of who you know”.Ms Cox said it was time to “get rid of the who-you-know stuff”. She added: “Throw it out and work within a framework of equitable governance. That is what the Cox administration is going to be known for.”The Premier said the tightening of financial oversight within Government would ensure abuses were a “thing of the past”.“It’s about fair administration, fair access and fair dealings,” she said. “This bill will further enhance good governance and transparency and will further underscore the message that this Government adheres to the high standards of ethical behaviour — transparency and accountability; fairness and equity; efficiency and effectiveness; respect for the rule of law.”The Good Governance Act 2012, if approved by MPs, will:n Create an offence of collusion where someone has sought to “improperly exert influence in order to obtain a contract”;n Create criminal offences for those who penalise whistle-blowers and extend “whistle-blower protection” to contractors and other vendors not covered in the Employment Act;n Allow a Cabinet Minister to hear an application or appeal on behalf of another Minister who has a conflict of interest; andn Increase to three years the period within which offences can be prosecuted.The new offence of “collusion relating to government contracts” will apply to appointed or elected officials, including MPs, senators, parish councillors and members of both municipalities. Anyone bidding for a government contract will also be subject to the legislation, as will civil servants.The bill states: “An appointed or elected official who attempts to influence the awarding of a government contract commits an offence, regardless of whether or not he has any interest (whether legal, beneficial, fiduciary, family or otherwise) in any of the persons bidding for the contract.”It adds: “If a contractor attempts to gain an unfair advantage when bidding for a government contract by obtaining, from a public officer or from an appointed or elected official, information which is not available to all persons bidding for that contract, the contractor and the public officer or the appointed or elected official commit an offence.”Those convicted at Magistrates’ Court will face a maximum fine of $10,000 and/or 12 months in prison.The bill lists the same penalties for anyone found guilty of terminating a contract with or withholding payment from a whistle-blower ie a person who makes a “protected disclosure” in good faith about suspected wrongdoing.Ms Cox told the media her Ministry had strengthened the rules governing the awarding of government contracts, by extending the description of “conflict of interest” and “enhancing the processes” to ensure funds paid to contractors were correctly spent.“Our work in this area continues and has yielded positive rewards,” said the Premier.She said the principles of good governance applied to all public authorities, noting that the Office of Project Management and Procurement and the Department of Internal Audit has “oversight of procurement in all quangos to ensure that best practice is consistently adhered to”.The Finance Minister said the Civil Service code of conduct and internal financial instructions were being updated to reflect the new legislation and penalties and that the Act would create a “much more businesslike framework” for civil servants.“It’s part of the modernisation and reform and it’s very necessary. When dealing with the public purse, they certainly have to be held to account. Public transparency requires no less.“If I had to put it in two words what I think good governance is about and this bill, it’s about clean hands. If I had to add something else, it would be fair administration, fair access and fair dealing.”She said full disclosure of any potential conflict of interest was the best way to “rebut and debunk” perceptions of corruption.“Once you disclose it, then you remove the idea that there is something covert and unseemly being done, and clandestine.”Earlier, in the House, the Premier updated MPs on progress on public sector reform, advising them that a revised ministerial code of conduct would be issued and a review of the “machinery of government” commissioned.She said the services of UK expert Chris Cooper, author of two previous reviews of Bermuda’s Civil Service, had been secured to assist with the reform work.Shadow Education Minister Grant Gibbons asked Ms Cox if she intended to release the last report on the Civil Service, from 2011.She replied: “There isn’t any intention to release the report. The information gathered was gathered in terms of having a frank and full discussion with members of the Civil Service executive. It was taken on the basis of being handled discreetly.”Ms Cox said there was a possibility an executive summary of the report would be made public.Useful website: www.parliament.bm.ends