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FBT: The Cabinet Office responds

The Royal Gazette yesterday asked Premier and Finance Minister Paula Cox for a response to the Auditor General’s comments that nobody has the fortitude to punish Government officials for non-compliance with Financial Instructions.The following response came from Cabinet Office, and was attributed to Cabinet Secretary and head of the Civil Service Donald Scott:“There is a protocol of confidentiality in the disciplinary process relating to administrative sanctions in the Civil Service.“Penalties for misconduct and gross misconduct range from oral and written warnings to surcharge to reduction in rank to dismissal. All of the sanctions have been used in the past and continue to be administered.“As the process is confidential and not subject to disclosure to third parties, one would wish to be circumspect in generalising about the wherewithal of senior officials to mete out disciplinary sanctions in the public sector.“So far as I am aware similar protocols regarding discipline exist in the private sector as well.“Going forward, there will be some significant differences as the new governance framework provides for new charges in a Court of Law. Section 33 of the Public Treasury (Administration and Payments) Act 1969 now creates offences of failure to comply with regulations contained in Financial Instructions or other prescribed rules of conduct.“The penalty on summary conviction is a fine not exceeding $5,000 or 12 months imprisonment. There is a rising scale of penalties according to the nature and seriousness of the offence.“In the instant case, Government officers stopped payments to the vendor for failure to deliver against the contract, involved the Bermuda Police Service in the investigation and gave evidence in court.”