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Greater protection needed for AG's office

Police raid the Auditor General's office

Auditor General Larry Dennis has called for greater autonomy for his office after complaining about increasing political inference.

Government forcibly relocated him and his staff at 24-hour's notice in May 2006 to an unrenovated premises which effectively closed operations and compromised files said Mr. Dennis.

In his 2008 annual report Mr. Dennis said: "It was a demonstration of power that raises important concerns about the effectiveness of constitutional and legislated provisions designed to protect the professional independence of the office of Auditor General."

Last year he was arrested, put in jail and interrogated on suspicion of having handled missing Police files on the Bermuda Housing Corporation investigation while his office and home were searched.

He was later released but remained under arrest for months.

Mr. Dennis said he was not above the law but argued Police were aware the papers he had were copies and the courts had already ruled that copies could not be considered stolen.

He said he was further attacked during the election by poitical hacks who accused him of receiving stolen property but he was unable to respond to the allegations because he is an independent officer of the Crown.

"Personally, I don't exactly consider such behaviour profiles in courage."

Mr. Dennis said he is protected by the Constitution and the Audit Act 1990 which state that "the auditor is not subject to the direction or control of any other person or authority in the exercise of his functions".

But he said it was time to beef up the independence of the Auditor General's office by:

• Letting it operate its own bank account, payments and payroll processing systems

• Allow the Auditor General to negotiate and run its own accommodation arrangements

• Establish the independence of the Auditor General's office with specific legislation.

Such steps were common overseas said Mr. Dennis.

Government responded by saying the Constitution and Audit Act already gave protection and that the Auditor General's office had unrestricted access to information while the Auditor General had independence in relation to his appointment and tenure.

Mr. Dennis said that was a classic response and not the stance of the Progressive Labour Party when it took power in 1998 promising to further strengthen the Auditor General's office.

He said an audit of his own office, sanctioned by Parliament, had noted that the lack of financial independence limited the Auditor General's autonomy.

Mr. Dennis said the abuse heaped on him during the election would not influence or intimidate him but a successor might not be able to withstand the pressure.

He added: "In my view the constitutional and legislated safeguards for the office of Auditor General need reviewing and strengthening.

"The implementation of my three recommendations, ironically broadly supported by the House's own auditors, would be a good place to start."