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…“.
The Public Procurement and Disposal of Public Property Act (PPDPPA or The Act) was approved by Parliament in 2015 and amended three times by this administration. The Regulations to The Act were approved by Parliament in January 2022, so the stage was set for implementation of this important law. This series deals with the intentional series of delays now emerging from our AG and the Judiciary.
Our Judiciary made formal objections to The Act, which was already approved by Parliament. It is a piercing irony that those submissions were unsupported by any citations or research, none whatsoever.
Professional Responsibility is one of the important lenses to examine the new Public Procurement law and the implementation challenges.
Grand Corruption is impossible without the active assistance, advice and scheming of Professionals — Lawyers, Bankers, Accountants, Engineers, Surveyors. The Thieves cannot function without the Professionals, after all, as the old saying goes: “The Upholder is worse than the Thief!” That old saying speaks to the particular responsibilities which are vested in the Professional Class.
On Emancipation Day 2022 in Trinidad and Tobago, Afra Raymond reiterates his message on the deplorable excuses offered by the government of Trinidad and Tobago to fully implement its Public Procurement regime. He wrote previously, “We are being told by our [Attorney General] that the new Public Procurement law cannot be implemented at this time because a significant number of Procuring Agencies are unprepared, and that is totally unacceptable.”
Afra Raymond spoke with Shabaka Kambon on the Indaba radio programme on 91.1 Talk City. Their discussion centred on the ongoing delays in the implementation of the Public Procurement regime in Trinidad and Tobago. Audio courtesy 91.1 FM Talk City
Secondly, what is the likely outcome from these fundamental reductions in the OPR’s scope?
The first question really intrigued me. After all, if the current situation is one in which Public Procurement is loosely controlled, why would any government risk serious criticism by amending a law which has been delayed for so long?
This is my interview on the Power Breakfast Show on Power 102.1 FM with Paul Richards and Wendell Stephen on the proposed amendments to the Public Procurement & Disposal of Public Property Act. Audio courtesy Power 102 FM
Programme Length: 00:18:54
Programme Date: 4 December 2020
Interview on Power Breakfast Show on Procurement amendments
This is my interview earlier today with Gerard Small and Robert Amar on 104.7FM MORE FM on the proposed changes to the Public Procurement & Disposal of Public Property Act. I also commented on my concerns with respect to the position of the Opposition UNC. Audio courtesy 104.7 MORE FM
Programme Length: 00:21:01
Programme Date: 3 December 2020
Interview with Gerard Small and Robert Amar on 104.7 MORE FM
These are my preliminary views on these proposed amendments due to be debated by the Government on Friday 4th December 2020, with the principal question being how can the Act be lawfully amended. The Act was passed in January 2015 with a Special (three-fifths) majority in both Houses of Parliament, so is a Special majority required to make these amendments? My Hansard reading of both prior amendments – #5 of 2016 and #3 of 2017 – is that those required Opposition support.
There are conflicting views on the legality of amending this Act via a simple majority…according to “…House Leader Camille Robinson-Regis…the five bills will be introduced and be taken through all their stages.
“We’re assuming they will all pass. They are not anything difficult and they are all simple-majority bills.” (see Newsday ‘Procurement Bill for House‘ Wednesday 2nd December 2020).
It was also very concerning to read the Opposition Leader’s statement issued later that day, which was silent as to the proposed exclusion of Government to Government Agreements and Public Private Partnerships. This is a moment in national development which will require our utmost vigilance if the Public Interest is to prevail.
The proposed amendments are –
S.4 – to redefine ‘bid-rigging’ as collusive acts designed to unfairly influence the outcome of a competitive tender process – this is an improvement over the current wording which refers only to proceedings;
S.7 (2) to be amended by inserting a full-stop after the word ‘prevail’ and deleting all subsequent words – the impact of that would be to entirely remove Government to Government Agreements from the oversight of the OPR which would be extremely detrimental, given our poor track record in these G2Gs.
S.7 to be further amended by inserting two new subsections – Ss (5) which will remove from OPR oversight any legal services; financial services; accounting or audit services; medical services; or any other services as determined by the Minister…Ss (6) to make those Ministerial determinations operative by a Negative Resolution. These proposed amendments are detrimental in two ways – firstly, it appears entirely likely that PPPs would be re-labelled as a form of ‘financial services’ and therefore beyond the scope of OPR oversight – secondly, there is an irreconcilable conflict in having an Act dedicated to proper oversight of ‘Transactions in Public Money’, which explicitly prevents oversight of financial services, the accounting and auditing of those or the legality of them…the legal, financial services and accounting/audit functions are central to sound principles of good governance, so how can we agree to place those issues ‘out of bounds’?
The revised S7 is embedded here with deletions in strikethrough and insertions highlighted for ease of reference – “Section 7.
This Act applies to public bodies and public-private partnership arrangements.
To the extent that this Act conflicts with an obligation of the State under or arising out of the following: (a) a treaty or other form of agreement to which Trinidad and Tobago is a party with one or more States or entity within a State; (b) an agreement entered into by the Government of Trinidad and Tobago with an international financing institution; or (c) an agreement for technical or other cooperation between the Government of Trinidad and Tobago and the Government of a foreign State, the requirements of the treaty or agreement shall prevail. except that the procurement of goods, works or services shall be governed by this Act and shall promote the socio-economic policies of Trinidad and Tobago and shall adhere to the objects of this Act.
A procuring entity engaged in procurement proceedings relating to a treaty or agreement referred to in subsection (2)(a) shall comply with section 29 and submit a report on such compliance to the Office.
The Office shall, within twenty-one days of receiving a report under subsection (3), forward a copy of the report to the Speaker of the House of Representatives who shall cause the report to be laid in Parliament at the earliest opportunity
This Act shall not apply to the following services provided to public bodies or State-controlled enterprises (a) legal services; (b) financial services; (c) accounting and auditing services; (d) medical services; or (e) such other services as the Minister may, by Order, determine.
An Order under subsection (5) shall be subject to negative resolution of Parliament…“
I don’t have comments on the other proposed amendments.
Correction – Please note that the new HQ bldg I mention at the end of this video is for the Ministry of Health, not the Ministry of Education – sorry, but I mis-spoke!
Express newspaper creating needless confusion with its inaccurate reporting. I never said that it was the intention of the Government to remove Government to Government Agreements from the Public Procurement Law. Instead, I said the law is ambiguous and needs to be clarified.
My previous article traced the accountability arc of attempts by PNM governments to dilute our country’s accountability framework. That arc is rooted in the record, serving to dismantle the fanciful tales about ‘morality in public affairs’ and so on. According to Dr. Rowley – “Facts are stubborn things.”
Colm Imbert has served as Finance Minister since PNM’s general election win in September 2015. The provisions of S.7 of The Act, which apply to Government to Government Agreements (G2G) and Public Private Partnerships (PPP) have remained the same over that entire period.
The OPR Board was appointed in January 2018 by then President Anthony Carmona, as his final official act, so it was impossible to implement the new system before that.