After reviewing Governor John Rankin’s first quarterly review of the ongoing Commission of Inquiry reforms, the new United Kingdom minister for the overseas territories said this week that he is pleased with the territory’s overall progress.
However, he also expressed concern over some areas, warning against missing any more deadlines and asking Mr. Rankin to submit a report on Cabinet’s use of tender waivers and single-source procurement ahead of his next quarterly review.
During a press conference yesterday, Mr. Rankin provided the response he received Monday from UK Minister for the Americas and Overseas Territories Jesse Norman, who plans to visit the territory on Thursday and Friday of next week.
In the letter, Mr. Norman acknowledged that most reform deadlines have been met so far and praised the territory’s “real progress” implementing the COI recommendations as reported by the governor in his Oct. 4 review.
“It is understandable that it proved challenging in this first period to meet all the deadlines set out in June,” wrote the minister, who was appointed to his position on Sept. 7. “However, I would not expect to see any further missed deadlines now that most actions are well under way.”
He also guardedly praised the premier and Cabinet.
“I was also pleased to learn of the premier and Cabinet’s overall continued commitment to driving delivery in constructive partnership,” Mr. Norman wrote. “I was, however, disap- pointed to read of your concerns that this commitment may not be as strong in some areas which are vital to the necessary changes.”
Tender waivers
The minister went on to express concern over the governor’s allegation that the Cabinet has fallen short in its commitment to avoid tender waivers whenever possible.
As a result, Mr. Norman has asked the governor to submit an extra report at the start of December on tender waivers and single-source procurement so that he can assess progress ahead of the next quarterly review.
“A proper and transparent tender process provides the BVI public with assurance that their money is being well spent by government,” the minister wrote. “In the rare cases where such a process is not possible, it is important for government to do more to provide that assurance. I would expect immediate and substantial improvement against this clear commitment, while recognising that there may be some legacy procurement issues from the previous administration which should be addressed proactively and promptly.”
Governor’s concerns
During the press conference yesterday, the governor elabo- rated on his own concerns about tender waivers.
“The COI found that there was no open tender in two-thirds of all contracts valued over $100,00 between January 2019 and April 2021,” he said. “This, combined with contract splitting into petty contracts, was a disregard for good governance, transparency and accountability. That is why in the framework document it was agreed that Cabinet documents relating to tender waivers should be published.”
However, he said, Cabinet has continued to use tender waivers in violation of its framework commitment — and without publishing the promised documents.
Last week, Premier Dr. Natalio “Sowande” Wheatley took issue with the governor’s criticisms on this point. Noting that a new Public Procurement Act allows for “single-source procurement” in certain circumstances, he suggested that Mr. Rankin was confusing single-source procurement with tender waivers.
He added that if single-source procurement is done according to the Public Procurement Act 2021, it “shouldn’t be presented as something wrong with that” or as the “same old practice as before.”
But the governor said yesterday that, like tender waivers, single-source procurement should only be used in “exceptional circumstances.”
“If two-thirds [of contracts] become single-source, then not much will change,” Mr. Rankin said.
Mr. Norman sided with the governor, noting in his letter that the Public Procurement Act 2021 makes “clear” that single-source procurement “must only be used in exceptional circumstances.”
Minister’s visit
Mr. Rankin also announced yesterday that Mr. Norman plans to visit the territory next week on Thursday and Friday.
“This will be an excellent opportunity for the minister to meet the premier, ministers and members of the House of Assembly, and to listen to their views,” he said. “I know that the minister’s goal is to see a successful, thriving, well-governed VI.”
The governor also reiterated that he is “pleased” with the “good start” the government has made so far on the reforms.
He listed various examples that he said represent that progress: amendments to the Audit Act that gives government auditors more teeth during investigations; ongoing police investigations that were recommended in the COI report; ongoing recommended audits; the transfer of the assistance grants programme to the Social Development Department; and the ongoing review of assistance grants with the help of UNICEF.
Register of Interests
The governor also reiterated his previous claim that the House of Assembly hasn’t upheld its commitment to open the Register of Interests to the public.
A version of the Register of Interests Act, 2022 introduced in the HOA in July would have published the register as promised. However, before passing the bill, HOA members went into a closed-door committee session and made changes that the governor has said “severely restrict public access” to the register by requiring written applications and fees.
“The amendments mean the register has been made public only in a highly restricted way,” the governor said yesterday. “People wishing to view the register have to make a written application and pay a fee. They would then only be allowed to view the register in the presence of the registrar and would not be permitted to take any kind of copy or even notes of the contents, and fined for reproducing the contents.”
He added that he hopes “that the government will reflect
and make changes that will reflect transparency.”
Asked if he would assent to the law in its current form, the governor said that he’s had “some discussions on the issue” and reiterated his hopes that HOA members will consider changing the amendment.
“Once we’ve seen the outcome of that process, then I’ll take a final decision on the outcome of that bill,” he said.