Falklands : Legislative Assembly 09/18/09 Part 2
Submitted by Falkland Islands News Network (Juanita Brock) 27.09.2009 (Article Archived on 11.10.2009)
We continue with the legislation passed in the Assembly on 18 September.
LEGISLATIVE ASSEMBLY 18/09/09 PART 2
Commentary by J. Brock (FINN)
The Family Allowance No 2 Bill 2009:
CP: The Family Allowance No 2 Bill 2009 has also been published in the Gazette. Therefore we go to the second reading.
Explanation by the Chief Executive:
Mr Speaker, thank you. This bill, if enacted, will amend the Family Allowance Ordinance in respect of arrangements for assessment of income. As the legislation stands, eligibility is based on the previous calendar year’s income. This, in fact, causes difficulties in review, assessment and processing of income and application in January the subsequent year. The income may not be clear until later in the year and the time for processing claims in view of that is inadequate.
This bill therefore amends the definition of “relevant year” in Section 3 of the ordinance. The revised definition provides that the relevant year for assessment of Family Allowance from January to June will be the calendar year two years before the calendar year in which the allowance is payable, unless, of course, the claimant decides to apply on the calendar year prior to that year.
The use of the earlier year avoids administrative problems, whilst the option to use the more recent year, if desired, avoids anyone being disadvantaged as a result of income falling. The allowance for July to December remains tested on the family household income for the previous calendar year.
Mr Speaker, I beg to move the second reading of the bill.
Cllr the Hon Dr Andrea Clausen seconded the bill. The bill was dealt with by the fast track procedure. It was read a third time and passed.
The Public Accounts Committee Bill 2009
CP: This bill has been published in the Gazette and we go to the second reading.
Explanation by the Acting Attorney General:
Mr Speaker, the principle purpose of the present bill is to give the Public Accounts Committee, which is established under Section 81 of the Constitution, additional functions and powers and also to lay down certain procedures. This is provided for under Section 81.5 of the Constitution.
By way of brief background, Section 80(1) of the Constitution established a Public Accounts Committee as an independent body of five members, two of whom will be Members of the Legislative Assembly. The other Members are appointed by the Governor after consultation with the Legislative Assembly.
The Constitution requires the Public Accounts Committee to examine and report to the Legislative Assembly, keeping the Governor informed and all the Government Accounts and Audit Reports that must be laid before this Assembly.
Mr Speaker, Part 1 of the bill contains the introductory provisions, so it contains provisions dealing with interpretation, appointment of a deputy chairperson, the usual period of appointment of a member of the committee and the appointment of staff of the committee. Those matters are dealt with in Clauses 3, 4, 6 and 9 respectively.
Clause 5 disqualifies active members, other than temporary members of the Executive Council for membership of the committee. Given that the committee’s functions of examining and reporting to the Legislative Assembly on the Government’s management of public money, it is considered inappropriate that Members of the Executive Council should sit on the committee.
Clause 7 provides for the secretary to the committee to maintain a register of appointed members’ interests. That register is open for public inspection.
Clause 8 provides for members of the committee to be reimbursed reasonable travel and accommodation costs when attending meetings and similar provisions are made later in the bill at Clause 25 in relation to witness expenses.
Clause 10 makes funding provision for the committee by way of appropriation by the Legislative Assembly.
Part 2 deals with the functions of the Public Accounts Committee. Clause 11 lists a number of functions which are additional to the functions already provided for under the Constitution. And, this effectively is that part of the bill will briefly list those additional functions. There are five of them – the first being to advise the Governor on the arrangements, priorities and effectiveness of the auditing of accounts under Section 80(1) of the Constitution, secondly to examine and report to the Assembly on the accounts of the bodies specified in the schedule to the bill, thirdly to examine and report to the Assembly on all internal reports of Government, fourthly to consider and report to the Assembly on the effectiveness of the regulation by the Government of bodies who provide public services of a public nature under Government Licence and fifthly to consider and report to the Governor any other matter that the Governor may refer to the committee.
Mr Speaker, Clause 11 also provides clarification on those matters not included in the functions of the committee, such as matters of consideration of policy. Clause 11 also provides that in carrying out its functions the committee will consider the benefit to the public by way of value for money their reference to economy, effectiveness and efficiency. It may also consider the adequacy if the Government’s arrangement for managing financial risk.
Clause 12 enables the Legislative Assembly to express views in relation to how the committee intends to apply its funding each year. But the committee is only bound to consider those views, meaning that the committee’s annual programme of work is not controlled by the Legislative Assembly.
Clauses 13 and 14 ensure that the committee receives FIG’s audit reports and provides for a Government response to any recommendations made by the committee in relation to such audit reports.
Part 3 sets out various proceedings of the Public Accounts Committee. Meetings are to be held twice a year and a quorum is three members. Such routine procedural matters are set out in Clauses 15, 17 and 18.
Clause 16 provides for meetings of the committee to ordinarily be open to the public. The agenda and papers will similarly ordinarily be available to the public. However, Clause 21sets out the circumstances in which the public will be excluded from meetings and this clause in turn links with Clause 28, which allows the Governor to issue certificates which provide that information should not be disclosed in the public interest.
Part 4 of the bill, Mr Speaker, deals with hearings. Clause 19 enables the committee to issue a formal summons to compel a person to appear before the committee and to provide information. In the event of non-compliance the committee may issue a warrant authorising and directing any police officer to bring the person before the committee. The intention there being to put the person on the spot but I would note that there is no criminal penalty for failure to comply, although a civil fine may be imposed by the Committee.
I would also note that the committee cannot compel the production of a document or publication in respect of which the Governor has issued a public interest certificate under Clause 28.
Clause 20 deals with matters of evidence, empowering the committee to require a witness to testify under oath for affirmation. Again, non compliance can lead to a civil fine but the committee cannot compel a witness to provide information in respect of which the Governor has issued a public interest certificate under Clause 28.
Mr Speaker, I have already touched on the power to exclude members of the public from meetings under Clause 21 but another example under Clause 21, where members of the public can be excluded is when evidence is being considered that relates to exempt information as defined under the Committees Access to Information Ordinance.
Clauses 22 and 23 make provision in relation to the recording and publication of evidence and Clause 24 imposes a liability to a civil fine for a person who knowingly or recklessly gives false evidence to the committee.
Part 5 deals with other provisions and Clause 26 provides for the Governor to receive copies of the committee’s reports to the Legislative Assembly and for the Clerk of the Legislative Assembly to receive copies of the committee’s reports to the Governor.
Clause 27 provides for the manner in which the committee may request or summon a member of the Governor’s staff or service personnel or civilian staff for the Armed Forces to appear before the committee. This is to ensure that both the Governor and the Commander of British Forces South Atlantic Islands have oversight of any of their personnel who are required to give evidence to the committee
As already mentioned, Clause 28 provides that the Governor may certify that the provision of information to the committee would not be in the public interest. The public interest is determined either by reference to the interest of national security or reference to a matter which is likely to adversely affect the Government’s relationships with the Government of the United Kingdom or another Government.
As a safeguard of the exercise of that power, where the exercise of the power relates to the production of a document or provision of information by the Governor, the power is exercisable on the instruction of the Secretary of State. In all other cases, it is exercisable by the Governor acting in the Governor’s discretion.
Clause 29 provides that no civil or criminal proceedings may be brought against a member of the committee for anything spoken, written or published or brought in the committee by a member.
Clauses 30 and 31 make administrative provision including in relation to enforcement by civil fine and Clause 32 clarifies that the Committees Access to Information Ordinance does not apply to the committee, although you will recall that the bill does effectively borrow a defining provision – that of exempt information from that particular ordinance in reference to Clause 21 of the bill.
Mr Speaker, finally the Schedule provides specific bodies whose accounts the committee is to examine.
Mr Speaker, I beg to move the second reading of the bill.
The Honourable Mike Summers seconded the bill.
MS: Mr Speaker, Honourable members, I thank the Acting Attorney General for that lengthy exposition on what is a very important bill and for explaining many of the clauses in this bill.
This has been the subject of very lengthy discussion and debate over quite a long period of time – both this Council and the two councils previous to it, of which I have been a member. I have been very keen on there being a Public Accounts Committee or something like it to provide an additional layer of independent review capability of the Government’s expenditure of money. That’s an important element to any democratic institution and I am delighted now to see that it’s finally arrived.
It’s regrettable that it has arrived at such a late hour – almost 5 to 11 in the life of this Council but it is here. It does mean there has been a limited opportunity for members of the public to comment on the bill as gazetted but I think it has had very wide public review in earlier stages.
Not only will it give an independent view on value for money under Government’s audit arrangements, and the ability to investigate other matters referred to it. I think what is important about this bill is it gives elected members additional power for independent review of public service provision. And that’s something that’s been missing, I think, in our Government for previous times.
There is quite a lot of exposition from the Acting Attorney General about the times during which the committee may sit in camera, the amounts of information that the Governor may deem should not be submitted by certificate, etc, etc, etc. These are, of course, essential to the bill but I would like to make it absolutely clear that the supposition in the case of the Public Accounts Committee, as in all Government Committees is that everything is open unless there is a very substantial and very good reason for it not to be so. And in general terms, the Public Accounts Committee should have access to all the information that it requires to carry out the functions that are delegated to it.
Mr Speaker, this is a very important bill and I am delighted that it’s come to the final Assembly of this particular Government.
During the committee stage Cllr Summers spoke to propose an amendment.
MS: Mr Speaker, I would like to propose an amendment to Clause 11. I propose that Clause 11 (1)b be omitted and the following paragraph be substituted:
“b in its discretion to examine and report for Legislative Assembly on the accounts of any body of a kind that is specified in the schedule.”
The purpose of this amendment is to enable the Public Accounts Committee to examine and report on the accounts of an extended range bodies listed in a proposed new schedule.
I also propose that Clause 11(4) be omitted and the following paragraph be substituted:
Paragraph 4 “ The Governor may by order amend the schedule.”
There were no objections to Cllr Summers’ Motion concerning Clause 11. Cllr Summers begged to move that the whole schedule be omitted and replaced.
MS: Mr Speaker, I beg to move that the whole schedule be omitted and the following schedule be substituted:
Bodies who the Public Accounts Committee may examine: 1. A body that receives or deals with public money other than a statutory body within the meaning of section 80(1) of the Constitution, 2. A body in which the Government is a shareholder other than a statutory body within the meaning of 80(1) of the Constitution, 3. Body in which a statutory body within the meaning of section 80(1) of the Constitution is a shareholder”
The purpose of this amendment is to enable the Public Accounts Committee to examine and report on the accounts of the bodies listed in the new schedule if the committee so chooses to do but it doesn’t compel it to do so.
The reason for specifically excluding paragraphs 1 and 2 of the schedule – “a statutory bodies within the meaning of section 80(1) of the Constitution” - is because section 81(5) of the Constitution already obliges the Public Accounts Committee to examine and report on the accounts of such bodies.
The schedule as detailed stands part of the bill. Subsequently the bill was read a third time and passed.
The Supplementary Appropriation 2009/2010 Bill 2009:
CP: This bill has not been gazetted but as it is a finance bill it does not require a first reading.
Explanation by the Acting Financial Director:
Mr Speaker, this bill, if enacted, will provide the legal authority for the additional sum of £637,190.00 to be withdrawn from the Consolidated Fund and for the Contingencies Fund to be replenished in respect of any sum advanced there from as authorised by the Contingencies Warrant. A Contingencies warrant has been approved by the Standing Finance Committee in respect of sums carried over from 2008 and 8/9.
Mr Speaker, I beg to move that the bill be read a second time.
The Honourable Tim Thorogood seconded the Motion. The bill went through the Fast track procedure and passed.
Motion for Adjournment speeches will conclude coverage of Legislative Assembly in Part 3.
Transcript by 100X Transcription Service
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