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MPs say yes to good governance

(Photo by Mark Tatem)Premier Paula Cox defended her Good Governance legislation.

Premier Paula Cox put up a spirited defence of her good governance legislation in the House of Assembly, questioning whether the Opposition truly supported it.Capping off a lengthy and often fiery debate on the Good Governance Act 2012, Ms Cox added: “Don’t let’s taint this legislation by seeing to assert that it applies only to the government of the Progressive Labour Party.”The bill, introduced by Ms Cox, was last night roundly approved by both sides of the House.The Premier warned that under the terms of the Bermuda Constitution, it was not possible to “go back, and hold someone guilty of something that the law did not make an offence”.The first good governance legislation was passed last year, she said, and “can’t go back to BHC, or anything that preceded 2011”.Her comment touched on the long-standing scandal over payments and the awarding of contracts at the Bermuda Housing Corporation.Meanwhile, opposition MP Kim Swan said Government should apologise to Bermuda for having to pass good governance legislation instead of being able to rely on those in charge knowing the “difference between right and wrong”.The United Bermuda Party leader told the House of Assembly he welcomed a “necessary and long overdue” new law, which will see those who try to influence the awarding of government contracts facing fines and time in jail.But he said it was a “sad day” when such legislation was needed and asked Government members to “look in the mirror and ask yourselves: do you believe that you have served this country well in the spirit of good governance?”The Act creates a criminal offence of collusion, where someone has sought to “improperly exert influence in order to obtain a contract”. Penalties include a maximum fine of $10,000 and/or 12 months in prison.The legislation also creates an offence for those who penalise whistle-blowers and allows Cabinet Ministers to hear appeals and applications on behalf of other Ministers who have a conflict of interest.Ms Cox said it wasn’t true to suggest the law was being brought in to deal with issues which had arisen during the Progressive Labour Party’s time in charge.“There are changes that should have been addressed decades ago. It was not that long ago that prior administrations were seen to benefit directly from government contracts. Who you knew gave you benefits.”She said both United Bermuda Party and PLP administrations had been criticised by the Auditor General for the way in which public funds were handled.“We refuse to rely on the excuse that ‘they did it’ as a recipe for inaction,” said Ms Cox. “We have continued to raise the bar and to use our best efforts to improve our accountability and governance framework. So good governance is a work in progress.”She added: “This Government stands up for Bermudians. In fact, contracts are now spread more evenly among a number of businesses.”Mr Swan said when the PLP came to power in 1998 it was supposed to “usher in a new level of government in the sunshine of public scrutiny”.But he asked: “What has transpired in those 14 years? Today presents an opportunity for the Government to come here and, you know, do something very fundamental that most Bermudians would appreciate.“Say ‘I’m sorry, Bermuda. I’m sorry that the practice of good governance has to be enshrined, has to be put in very clear words because members, who swore oaths, and persons who work in the Civil Service under those persons, are not acting in a manner which is responsible in these islands’. That’s a sad day.”He went on: “Persons in this community, card-carrying members of the PLP, are upset about the lack of transparency demonstrated by persons they have trusted to run this country for them.”He said everyone in the chamber was brought up to know the difference between right and wrong. “We don’t need no legislation to tell us what’s right and wrong but we have slipped down the slippery slope of the blurry line.”Shadow Attorney General Trevor Moniz said the Act lacked substance and Bermudians really wanted to see some action when wrongdoing involving the public purse occurred.“We have not seen very much at all,” claimed the One Bermuda Alliance politician. “Recently, we have seen statements from independent government officers, including the Ombudsman, including the Auditor General, who continue to be extremely concerned with the way in which Government is delivering services to the public; that there is no accountability or transparency in the way services are delivered.”He said the Auditor had complained that no action was taken against civil servants who failed to follow official Financial Instructions.“She is seeing financial malfeasance. It’s not only the people who commit the malfeasance but the people who are supposed to be managing them.”Useful website: www.parliament.bm.

<B>Moniz chastened after naming civil servants during debate</B>

Shadow Attorney General Trevor Moniz was rebuked by the Speaker of the House of Assembly yesterday, after naming two civil servants during debate on a new good governance law.Mr Moniz complained that Premier Paula Cox had not done enough on her “watch” to hold to account those involved in the misuse of public funds.After suggesting Government’s lack of leadership on the issue was making international business lose confidence in Bermuda, he was asked by National Security Minister Wayne Perinchief, making a point of order, to provide evidence.Mr Moniz responded: “I have no idea what he’s talking about. We can speak of the matter involving your permanent secretary Marc Telemaque. We can speak of the matter involving Cherie Whitter.”His naming of the two high-ranking civil servants brought Mr Perinchief to his feet again, with the Minister saying it was not correct to “impugn the integrity of people in the Civil Service” in the House.Mr Moniz argued that Mr Perinchief had asked him to speak in specific terms so: “I gave specifics”.Mr Perinchief replied: “Even again, he’s misquoting me.” Mr Moniz said: “You wanted evidence. I gave you evidence.”He said the Auditor General had called for disciplinary action to be taken against civil servants who failed to follow official Financial Instructions and Cabinet Secretary Donald Scott had said proceedings would happen.Later, after the lunch recess, Speaker Stanley Lowe, referring to the Rules of the House, said MPs should not refer to civil servants or members of the public by name in the chamber.Mr Telemaque was permanent secretary at the Ministry of Tourism and Transport during the Faith Based Tourism controversy and when the building of the new TCD building was the focus of a scathing Auditor General report.Now National Security permanent secretary, he declined to comment on Mr Moniz’s remarks.Former Tourism permanent secretary Ms Whitter was criticised by the Public Accounts Committee, the parliamentary committee which scrutinises government spending, for failing to follow Government’s Financial Instructions in relation to a Department of Tourism contract with US advertising agency GlobalHue.Now Trade, Economy and Industry permanent secretary, she referred a request for comment to the Cabinet Secretary.Mr Scott told this newspaper: “The unkind comments about individual public officers by certain members in the House of Assembly breached a long-standing convention of not attacking public officers personally in the course of debate.“The Speaker of the House of Assembly chastened the guilty members most firmly for their inappropriate behaviour.“Regrettably, however, the harm was done and there is no recourse for the public officers, as the members' comments are protected by House privilege.”Useful websites: www.oagbermuda.gov.bm and www.parliament.bm.