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House of Assembly passes Good Governance bill

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Premier Paula Cox

Legislation designed to stamp out any unethical behaviour in Government was passed by the House of Assembly; but the Opposition complained it does not go far enough.Premier Paula Cox’s Good Governance Act is designed to improve transparency and accountability.The bill gives extra powers for the Director of Internal Audit to seize documents, introduces whistle-blower protection, and creates new offences for failing to disclose interests when awarding Government contracts.Among other measures, it will formally set up the Office of Project Management and Procurement; a facility under Ms Cox’s personal watch designed to ensure contracts are handed out fairly. It also defines and outlines the role and responsibilities of Government financial officers under the financial instructions governing them.Ms Cox has pledged the legislation will enhance oversight and control, ensuring best practice across Government.Tabling the act in the House, she said: “It’s another step to assure the public of our commitment to promoting consistency, transparency and accountability.”She said Bermuda has already taken “great steps” in that direction, and cited existing laws designed to combat corruption such as the taking of bribes by judges, jurors, internal auditors and politicians.She praised the Progressive Labour Party for having instituted legislation establishing an Ombudsman, an internal audit department and a financial intelligence agency. She also heralded moves to bring in public access to information, make the Bermuda Monetary Authority independent, and allow for proceeds of crime proceedings to seize ill-gotten gains.Ms Cox took the Opposition to task for suggesting the Office of Project Management and Procurement should be independent of Government and under the auspices of the Auditor General rather than under her watch.She said the US, UK and Canada all keep their procurement offices under the umbrella of Government.The new legislation has already been welcomed by Governor Sir Richard Gozney and Opposition Leader John Barritt, a long-time advocate for good governance and legislative reform, said the step was encouraging.However, he said: “We need to go further”.He said the procurement office is “exactly what the Country wants and what the Country deserves.”However, he said people need to be able to follow, through the legislature, exactly how monies are being spent. He referred to a “litany of reports from Auditors General” that all condemn deviations from established practices and financial instructions, and questioned why the rules have not been enforced in the past.“If you’re going to have transparency, we have to enhance the independent, objective review that needs to go on with respect to the operation of Government,” Mr Barritt said.“We need to beef up those powers so the members of Legislature are able to stay on top of these things as they happen,” he said, adding: “The ultimate aim is to follow the money.”Mr Barritt added that the Cayman Islands had passed and implemented public access to information legislation in the space of two years, but such laws were not yet operational in Bermuda.“They also passed an anti-corruption law in 2008 which drew all these things together into one codified piece of legislation,” he said.“If we are going to have the reputation that we want to have, we must not be left behind.”A further call was made for the passage of a Whistle-Blower Act, as seen in Canadian legislation.He said: “We do support this legislation. Let’s go further and bring about not just good governance, but better governance.”MP and former Premier Alex Scott voiced his support for Mr Barritt.“Let’s begin with the obvious,” Mr Scott said. “The longest journey begins with one step.”Good governance, he said, requires the trust of the people.He said: “If the Premier tried to move too fast, she would end up like me a past Premier.”Mr Scott nonetheless called on the House to “make it an offence for any one of us to trespass on the wrong side of good government”.He added: “It’s not a reflection on anyone who holds office. It speaks to the notion of trust. If the people lose, for any reason, their trust in us, then we have lost our way.”Mr Scott said offences of aggravated fraud and aggravated breach of trust should be put in place for political figures.“We are a mature democracy and a proud people, and we must protect that.”Attorney General Michael Scott then praised the piloting of the Act as “a proud and happy moment, because of what it indicates the continuing pattern of good governance in Bermuda”.Mr Scott complained that the Opposition sought to “broad-brush the entire canvas”, and that the discussion took an undue focus on the concept that the Government engaged in bad practices.One Bermuda Alliance MP Shawn Crockwell then said: “It would have been appropriate if the debate had ended after (Alex) Scott and Mr Barritt.”Mr Crockwell insisted: “We believe that more needs to be done.”He said: “Let’s accept that there have been some lapses and bring about some remedial action.”Environment Minister Walter Roban commended the Premier for bringing forward the legislation. “It’s very interesting to hear that it needs to go further,” Mr Roban said. “Those are good suggestions, and perhaps Madam Premier will consider them. However, this government has had a history of bringing legislation that advances good governance.”Ms Cox thanked the former Premier for voicing his support. She said: “Honourable members, remember that this is the first in a raft of legislation. One thing you don’t want to do is mess it up by rushing it so that you get a dog’s breakfast.”The Premier said she was glad that “on this piece of legislation, the Honourable Opposition is prepared to walk hand in hand with the Government”.

Opposition Leader John Barritt
Alex Scott MP