Log In

Reset Password
BERMUDA | RSS PODCAST

Cox: Past Govt projects to be investigated under new legislation

Premier and Minister of Finance Paula Cox

Rigorous investigations of past projects are on the cards after Premier Paula Cox gave details on her plans to stamp any unethical behaviour out of her Government.Ms Cox yesterday tabled Good Governance legislation introducing a ream of measures, including giving the Director of Internal Audit extra powers to seize documents, protecting whistleblowers, and making it an offence to fail to disclose interests when awarding Government contracts.The Premier also pointed to existing laws meaning any MPs who corruptly benefit while discharging the duties of their job can be jailed.Ms Cox told the House of Assembly in a Ministerial Statement: “I want Mr and Mrs Bermuda to be assured that any hint of inappropriate behaviour or wrong doing found will be addressed swiftly, and without hesitation.“While I feel very good about the introduction of these measures, I must state that, as Premier, I have a responsibility to ensure that concerns about past projects, in some keys areas of Government, are investigated.“This bill provides an enabling framework to ensure that a rigorous review is conducted where there are queries, and the full results of that review will be shared with the House.”Ms Cox, who has repeatedly pledged to provide more transparency and accountability since taking over from Ewart Brown last October, said the Good Governance legislation would enhance oversight and control, and ensure best practice by:l setting up the Office of Project Management and Procurement: a facility under her personal watch designed to ensure contracts are handed out fairly;l introducing regulations defining Financial Instructions and a Code of Practice for Procurement which all public authorities, particularly quangos, must abide by;l giving the Director of Internal Audit power to obtain documents ‘trumping’ other rules which may prevent them being disclosed;l tabling an annual report on procurement.Ms Cox said the bill will also introduce zero tolerance for non-compliance by increasing penalties in the Internal Audit Act and the Audit Act, and creating the following new offences:l failure to comply with any part of the Public Treasury (Administrations and Payments) Act and its associated regulations;l public officers involved in the awarding of contracts failing to disclose a conflict of interest, whether legal, fiduciary, beneficial, family or otherwise;l wilful destruction or concealing of documents.She added that a whistleblower clause would be added to the Employment Act, meaning it would be unfair dismissal when somebody is fired for disclosing information to police or other investigators.Ms Cox said: “This is a matter that the Government takes most seriously and I signalled my intent to Cabinet a couple of months ago.“Research and due diligence was done in the intervening period in advance of giving specific proposals and preparing the necessary legislation.“Good Governance has been a priority of mine since I was appointed the Finance Minister in 2004. I have spent a considerable amount of my time fighting for Bermuda’s credibility around the world, and we have made good progress.“However, on the domestic front there are some issues that still need to be addressed, and this Government’s credibility with the people of Bermuda, is just as important as our credibility overseas.”Ms Cox spoke of existing legislation which already says MPs who take bribes can be jailed for five years or fined $84,000.She continued: “The Good Governance legislation is not a tool used in a vacuum. It will work in tandem with other powers.“I anticipate that where thought fit in the circumstances I would also reserve the right to appoint an independent team which could include a forensic specialist where circumstances warranted it, even if it is in the absence of a suspicion of criminality. The charge of the people’s purse demands no less.”Ms Cox said this would be the first of many steps to improve transparency, noting the Code of Practice on Procurement and Financial Instructions regulations will go before the House in the next session.She added she would be expanding on the offence of provision of inducements to obtain preferred treatment and that Bermuda has agreed in principle to be included in the UN Convention against Corruption.She said: “While I will be the first to state that this Government is not perfect and I am prepared to accept criticism when we have erred, I cannot and will not accept criticism that this Government has done little to enhance Good Governance.“I must remind Honourable Members that it was this Government that established the Office of the Ombudsman; it was this Government that established an Internal Audit Department and enacted the Internal Audit Act; it was this Government that introduced the Public Access to Information legislation;It was this Government that enacted money laundering and proceeds of crime legislation and established a Financial Intelligence Agency; it was this Government that caused the Bermuda Monetary Authority to become an independent regulatory body; it was this Government that enacted the International Cooperation (Tax Information Exchange Agreement) Act, and have so far signed 25 agreements; and it is this Government that is tabling the Good Governance Bill. And we are not yet finished.”