Category: Public Procurement Reform

Letter to the Editor – Egregious Exemptions Explained

The Editor,

The 2020 suite of amendments to the Public Procurement & Disposal of Public Property Act (the Act) removed oversight from some significant types of public spending and created the option for the Finance Minister to create new exemptions.  That Ministerial discretion to create new exemptions is now the subject of considerable controversy and threatened lawsuits.  

These issues have emerged from two three-month Ministerial exemptions – the Judiciary on 29th May and the 50th CARICOM Anniversary/Diplomatic matters on 29th June.  The first of those exemptions came as no surprise, given the Judiciary’s bizarre and still unexplained objections to the Act.  The second set came to the attention of the Opposition and triggered the PM to promise that the Act will be accordingly amended/rectified at a special Parliamentary sitting next week.

It is really important to pause at these moments to take our bearings and record exactly what has taken place.

It is clear from the Hansard that Parliament intended and agreed that these Ministerial Exemptions would be subject to  ‘affirmative resolution’, meaning that the proposed Amendment had to be tabled/listed in Parliament for Public notice, Debated and then Voted upon by both Houses.  The purpose of that arrangement being that although the Govt will naturally hold the majority of votes in the Parliament, the Public and the Opposition can have proper Notice of any intended Exemptions and take the necessary steps to deal with it politically. 

For whatever reason, that intention is not in the text of the 2020 Amendments, so the literal reading is that the Minister can create those exemptions via an Order without any reference to Parliament.  Of course, the proper interpretation of that law would require a Court to examine Parliament’s debates to decide, so one can only wonder on what advice was the Finance Minister proceeding.

The Finance Minister has been in office since 2015 and his agreement to the affirmative resolution provision (Hansard of 8 December 2020 – pg 202), as well as his recognition that this error had arisen and needed to be rectified (Hansard of 11 December 2020 – pg 43) are both on the record.  The compelling and inescapable issue being that the Finance Minister knew of the typo in the text and took full advantage of it in a manner which is unbecoming and in my view, quite contrary to his Oath of Office.

Finally, we should all remain alert as these are just a few of the bizarre convulsions from players who are accustomed to the lights being off, or at least suitably dimmed.  Sunlight is the best Disinfectant.

Afra Raymond
former JCC President

ADDENDUM

The Trinidad and Tobago Guardian published a overview written by Kejan Haynes of the situation based on the letter to the editor and concerns from others.

AUDIO: CNC3 interview on procurement

Afra Raymond did a short interview with Dareece Polo of CNC3 Television and Guardian media on the legality of the new exemptions to the Public Procurement & Disposal of Public Property Act. This is an extension to a series of questions arising from the “emergency exemptions” arising from the CARICOM 50th anniversary celebrations in Trinidad and Tobago.

  • Programme Date: 11 July 2023
  • Programme length: 00:08:48
Dareece Polo and Afra Raymond

Open letter to President Kangaloo on the overdue appointment of the Chairman of the OPR

The Editor,

The Office of Procurement Regulation (OPR) Chairman’s position has been vacant since 11th January 2023, with no official indication as to when that vacancy is to be filled. The OPR is an important institution which needs capable and experienced leadership, so we need to have that appointment made without any further delay.

I am reliably informed that this important appointment is being actively considered, but we need to ensure that a sound decision is made in the public interest. The inaugural Regulator, Moonilal Lalchan, was appointed in 2018 after the job was advertised by President Carmona in 2017, so the precedent has been set to publicly invite applications for this position. (See advertisement below)

Mr Lalchan performed well, without any complaints or concerns being expressed, so his reappointment ought to be a priority if we are to operationalise this important new Office to defend the Public Interest. In the alternative, the President should activate a transparent process to appoint a suitable candidate without further delay.  The Regulator’s post has been vacant since January 2023 and President Kangaloo took office three months ago, so this vacancy now needs to be advertised.

Thank you.

Afra Raymond
former JCC President
afraraymond.net

VIDEO: Interview on Indaba Online on Procurement legislation in Trinidad and Tobago

Afra Raymond chats with Shabaka Kambon, Dr. Claudius Fergus and Amb. Rev. Kwame Kamau on the Emancipation Support Committee’s online radio programme “INDABA: Where Knowledge Grows” on Talk City 91.1FM on Wednesday, 31 May 2023. They speak on the implementation of the new Public Procurement & Disposal of Public Property Act in Trinidad and Tobago.

  • Programme Date: 31 May 2023
  • Programme Length: 00.41:30
Video courtesy Talk City 91.1 FM

What is the gap in our new Public Procurement law?

The previous article dealt with the sudden unexplained shift from the supposedly-defective Public Procurement & Disposal of Public Property Act (the Act) to the welcome announcement of its proclamation, so long-overdue. I called for an official explanation for this sudden shift, but there has been no response thus far.

The silence of our Learned friends on this issue is as echoing and eerie as it is eloquent. These colleagues have opinions on so much else. Yes, Power is defined by those things you are not allowed to speak about, so self-censorship is as real as the nose on your face. Well I tell you eh!

This article will challenge the basis for the 2020 exemptions to the Act (via Act #27 of 2020), which included Government to Government Agreements (G2G are usually the hugest projects); matters of national security; legal services; debt financing services for the national budget; accounting and auditing services; medical emergency or other scheduled medical services. The Government decided that these transactions in Public Money did not require the oversight of the Office of Procurement Regulation (OPR) which the Parliament approved. I think that inimical to the public interest.

Continue reading “What is the gap in our new Public Procurement law?” →

Manufactured Consent in new Public Procurement law?

“Ambiguity and silence is the enemy of #ethics and #integrity.”

Richard Bistrong @Richardbistrong Twitter feed. Dec 5, 2019

“‘Manufactured consent’ is supported by…effective and powerful ideological institutions that carry out a system-supportive propaganda function by reliance on market forces, internalized assumptions, and self-censorship, and without overt coercion.”

Noam Chomsky, Manufacturing Consent: The Political Economy of the Mass Media 1988, (New York: Pantheon Books)

The Public Procurement & Disposal of Public Property Act (the Act) was fully proclaimed on Wednesday 26 April 2023, which makes that one of our Republic’s truly historic days by any measure.

I welcomed the decision to proclaim the Act, since even with the damaging suite of 2020 exemptions, this is a tremendous step in the right direction of Accountability, Transparency and Good Governance so that we can achieve improved Value for Money in our Public Affairs. The Private Sector Civil Society Group wrote and lobbied for this important law, so this is the result of long-term, collective effort. We owe serious appreciation to those who persisted when this was a faraway vision.

Continue reading “Manufactured Consent in new Public Procurement law?” →