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News, Politics
May 4, 2012

Bruce backs Omar

Says oversight panel won’t undermine role of contractor general

FORMER Prime Minister Bruce Golding says the oversight panel appointed by Transport and Works Minister Dr Omar Davies to oversee three major Government projects does not undermine the role of the contractor general who had expressed concerns about the contractural procedures relating to the projects.

In fact, Golding said that by deciding to proceed with the projects Davies was carrying out the Government’s mandate to manage the affairs of the country.

“The appointment of the committee chaired by Professor Gordon Shirley does not in any way undermine or compromise the role of the contractor general any more than the Infrastructure Subcommittee of the Cabinet that would normally review recommended contract awards before their presentation to Cabinet,” Golding said in an article published in today’s edition of the Jamaica Observer.

“Aside from the fact that all three members are persons of unquestioned integrity and competence, they cannot impede or interfere with the work of the contractor general. Indeed, their deliberations, actions and recommendations will, themselves, be subject to his purview and investigation,” the former prime minister added.

In addition to Shirley, who is the principal and pro-vice chancellor of the University of the West Indies, the IOP is made up of businessman R Danny Williams and retired senior partner for auditing firm PricewaterhouseCoopers Everton McDonald.

Golding’s comments come amidst a war of words between Davies and Contractor General Glen Christie over Davies’ decision to establish an Independent Oversight Panel (IOP) to strengthen the existing monitoring framework of three major infrastructure projects — the North-South Link of Highway 2000, the Gordon Cay Container Transshipment Hub, and the Fort Augusta Container Terminal.

Davies had told Parliament last week that the panel was established as part of the Government’s response to the concerns raised by Christie in relation to the first two projects.

Christie had argued, before the change of Government last December, that direct negotiations could lead to engagement of the parties through contractual arrangements. He was also not pleased with the proposed developments not being open to competitive tender.

However, Davies said that after due consideration of the “enormous potential impact of the projects to the economy, Cabinet took the decision to advance the projects in a manner consistent with good governance and transparency”.

The Government’s position was supported by some members of the Opposition.

But in a strongly worded statement last Friday, Christie said his office took strong offence and exception to any suggestion made that “by virtue of the discharge of its lawful mandates under the Contractor General Act” it was impeding economic growth and development in Jamaica.

He also labelled the setting up of the IOP as “a brazen but futile attempt to usurp, undermine and circumvent the lawful government contract monitoring authority and mandate” of his office.

Earlier this week, Christie also challenged the Government to reveal any evidence it has to support its allegations that his office is impeding economic growth, and delaying implementation of major investments.

He also asked why are both the Government and certain members of the Opposition in a rush to have this ‘investment’ agreement consummated?

But Golding, in his article, said that while, during his tenure as prime minister, he found Christie’s advice useful and sought consciously to abide by his recommendations, there were occasions on which his Administration disagreed with the position taken by the OCG.

“The sale of the Sandals Whitehouse Hotel and the exemption from procurement rules of certain marketsensitive transactions affecting Air Jamaica, the Jamaica Tourist Board and the Port Authority come readily to mind. In all those instances, we explained in Parliament the circumstances, and provided the justification for our decision,” Golding said.

“That, essentially, is what Dr Omar Davies did in Parliament on April 24. In deciding to proceed with the North-South leg of Highway 2000, the minister is asserting the ultimate responsibility and authority of the Cabinet for the management of the affairs of Jamaica as mandated in the Constitution,” Golding added.

“Good sense required that he justify that decision in the face of the OCG’s objections. He did so, perhaps not quite as elegantly as he could have, and certainly not as thoroughly as he should have. It would have been better if he had addressed, point by point, the concerns raised by the OCG indicating the basis for the Government’s disagreement and decision. But it is ultimately the Government’s call, and it is the public that will ultimately determine whether the Government or the contractor general was right,” Golding said.

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