Statement From the Most Honourable Juliet Holness

  

 

Statement by 

Most Honourable Juliet Holness, MP Speaker of the House of Representatives

on Tabling of Reports from the Integrity Commission and Reports from  the Auditor General Department on Public Bodies

 

November 7, 2023

 

Most Honourable Juliet Holness MP

As Speaker of this Honourable House, I note the public commentary in some quarters regarding the role of the Speaker in tabling certain documents and the role of Parliament in addressing these matters. There is an untrue narrative of deliberate delay in tabling reports sent to this house. The fact is there are no reports, not one report, either from the Integrity Commission or the Auditor Generals Department, which have not been tabled. Additionally, all reports were tabled as prescribed at the soonest possible time.

 

My predecessor made certain pronouncements on the tabling of reports from the Integrity Commission and the Auditor General Department for Public Bodies, which, as a speaker, I have reviewed and must address. It is expected as legislators, we should have a sound understanding of the law as it is we who craft, debate, and pass the laws which govern us. It is also my understanding that when the court is interpreting the law, the very court may review the records of Hansard to see what the intent of parliament was at the time of enactment or amendment.

 

Honourable members, I did a comprehensive review of the correspondence, had extensive discussions with the Clerk of the houses, and consulted with the chief parliamentary counsel and speakers from other houses within the commonwealth. It must be made clear that the advice received is not instruction. It is meant to guide the decisions of the house and meant to inform the actions of the speaker. Therefore, the opinion or advice doesn’t absolve the speaker or the house from a duty to clearly understand the legislation and the standing orders in a manner that is consistent with its legislative jurisdiction and wisdom. The opinion of the parliament’s legal counsel, which considered all correspondence between the parliament and the Attorney General and or Auditor General, is available for your perusal

 

Members, based on some utterances, there are misunderstandings of the legislation and the distinction between Ministries, Departments and Agencies versus Publics Bodies. It is important that the entities are different. Some key differences are the constitution mandates the auditor general to audit central government, which includes MDAs, while public bodies by law engage their own auditor, the attorney general is the chief legal advisor to the government for public bodies they engage their own attorney, similarly public bodies do not report to the Permanent Secretary in the Ministry as applies to MDA’s instead public bodies have their own CEO and board which manages these entities and report directly to the responsible minister.  

 

Ruling re Reports from the Integrity Commission

The ruling is as follows:

1.              It is my considered view that reports submitted to parliament under section 36 and 54 of the Integrity Commission Act (ICA) should be treated as follows:

a.               A Report Made on the Request of the Houses of Parliament under Section 36(1) (ICA) – This will be tabled as soon as possible, as the nature of the report, a  request by the Houses of Parliament, will require the quick attention of the Members of the House of

Representatives, once it is submitted for tabling. After it is tabled, it is then to be directed to the attention of the Integrity Commission Oversight Committee in keeping with Standing Order 73D(e).

b.              Annual Reports submitted under Section 36(2) – once this report is submitted to Parliament, it will be sent to the Integrity Commission Oversight Committee for consideration and report. Once the committee has completed its deliberations, both the report of the committee and the relevant report from the Integrity Commission will be tabled together.

c.               Special Reports submitted under Section 36(3) – will be treated in the same manner as a report under 36(2), referred above.

d.              Reports of the Director of Investigations submitted under Section 54(4) – will be tabled as soon as possible after receipt by Parliament having regard to the serious nature of the matters that are contained therein. It will require the immediate and direct attention of the House. After it is tabled, it will then be submitted to the Integrity Commission Oversight Committee for their consideration and report.

 

2.              Kindly note that all reports from the Integrity Commission will be reviewed by officers of the House before they are tabled. 

Ruling re Reports from the Auditor General Department on Public Bodies

The ruling is as follows: Reports from the Auditor General Department on Public Bodies will be tabled in keeping the Public Bodies Management and Administration Act 13A and /or section 30 of the Financial Administration and Audit Act. Such reports must be submitted in keeping with the procedure outlined therein and also provided in section 13B of the Public Bodies Management and Accountability Act and section 31 of the Financial Administration and Audit Act.

 

Conclusion  

The discussion in this Honourable House underscores the need for constant assessment of legislation with a view to amending where necessary. Also, it is critical for the standing orders committee to undertake a comprehensive review of these standing orders with a view to making the suggested amendments for debate and approval by this House to enhance the effectiveness and efficiency of written rules that govern the proceeding of this chamber.  

I thank the members for their intervention and contribution, which reaffirms the ruling. Members every one of us 63, in this parliament, are encouraged to read the legislation thoroughly when they come to this house, the constitution, and the standing orders. The speakers’ position isn’t one which engages in debates and descends into the arena with the members of the house. It can be expected that this posture will continue while I preside. 

Thank you, Members.  

Speaker of the House of Representatives Most Honourable Juliet Holness, MP