OCG Submits Special Report to Parliament – Expressing Grave Concerns with Cabinet’s Non-compliance with the OCG’s Statutory Requisitions

Kingston; December 13, 2012– The Office of the Contractor General (OCG) has, today, completed and submitted a Special Report to the Houses of Parliament of Jamaica, in which it expressed and documented its grave concerns with the failure of the Cabinet of Jamaica and/or the Office of the Cabinet, over the last seven (7) months, to comply with several lawful Statutory Requisitions, which have been issued, in respect of the provision of information relating to, among other things, four (4) major projects which were and/or are being pursued by the Government.

As a Commission of Parliament, established by Statute, and to which all-embracing monitoring and investigative powers, over certain Government expenditure, inter alia, have been vested, the OCG’s 28 page Special Report, which is supported by 51 Exhibits, was submitted to the Parliament of Jamaica based upon the gravity and the seriousness of the matters, which remain pertinent to the OCG’s monitoring and investigative mandates.

Against the background of public transparency, the recognition of the importance of the oversight responsibilities which are accorded to a Contractor General, by the Contractor General Act, and in keeping with the settled law which was handed down by the Supreme Court, in the case of Lawrence v. Ministry of Construction (Works) and the A.G. (1991) 28 J.L.R. 265, the OCG has deemed it necessary to bring its concerns, which are of dire consequence, to the direct attention to the Parliament of Jamaica.

“Economic Development and probity in Government contracting transactions can co-exist, a balance which must be a priority once any Government is committed to the fundamental good governance principles of value for money, accountability and transparency.

Institutions, such as the OCG, were established to be an independent ‘check and balance’ to ensure the most efficient use of scarce public resources. Therefore, we consider the execution of the OCG’s mandates and obligations, as prescribed by the Contractor General Act, to be of critical import in the conduct of the nation’s procurement, licensing and asset divestment activities. 

It is in this vein that the OCG believes that this is a matter which is deserving of the attention of the Parliament of Jamaica.” said Craig Beresford, Acting Contractor General.

The OCG’s Special Report is being laid before the Parliament of Jamaica pursuant to Section 28 (2) of the Contractor General Act which prescribes, inter alia, as follows:

“A Contractor-General shall submit to Parliament an annual report relating generally to the execution of his functions and may at any time submit a report relating to any particular matter or matters investigated, or being investigated, by him which, in his opinion, require the special attention of Parliament.”(OCG Emphasis)

Section 28 (3) of the Contractor General Act also requires the Speaker of the House of Representatives and the President of the Senate to have OCG Reports tabled in both Houses of Parliament ‘as soon as possible’.

As is customary, the Clerk to the Houses has been provided with a compact disc which bears a full electronic copy of the OCG’s Special Report and the supporting Exhibits.

In the interest of public transparency, and acting in pursuance of the special powers that are reserved to a Contractor General by Section 28 (4) of the Contractor General Act, the OCG’s 28 page Special Report and its supporting Exhibits will be published on the OCG’s website at www.ocg.gov.jm, but only after the Report has been formally laid in both Houses of Parliament.

The OCG wishes to caution that where it’s Reports to Parliament find their way into the Media prior to the tabling of the said Reports in the Houses of Parliament, or before the formal posting of same on the OCG’s official website, care should be taken to disassociate any such publication from the OCG.

The foregoing Media Release is being publicly issued by the OCG pursuant to the powers that are reserved to a Contractor General by Section 24 (1) (b) of the Contractor General Act.