GOVERNMENT sources are insisting that two reports from the Auditor General’s Department (AGD) were referred by Parliament back to that office, which failed to comply with the law governing treatment of reports before they are submitted to the House of Representatives.

A letter seen by the Jamaica Observer, which was sent by House Clerk Valrie Curtis to Auditor General Pamela Monroe Ellis, argued that the reports were not properly or lawfully submitted to Parliament for tabling.

The two reports are a special audit of the Financial Services Commission and a special audit of Tax Administration Jamaica.

“Please be advised that the aforementioned reports are being returned to you in accordance with the ruling of the Speaker of the House Representatives that all reports from the Auditor General’s Department, which are an audit of a public body, will be tabled in accordance with Section 30 of the Financial Administration and Audit Act (FAAA) and/or 13A of the Public Administration and Audit Act and the procedures outlined therein,” said the letter from Curtis to Monroe Ellis.

The letter was dated January 8. The correspondence was reportedly sent by the House clerk after Parliament, via House Speaker Juliet Holness, consulted with the parliamentary legal counsel who advised that the reports were not submitted for tabling in accordance with the law.

Section 30 of the FAAA Act says the auditor general’s report on examination and audit of any accounts audited pursuant to relevant provisions of the Act shall be submitted to the responsible minister for presentation.

According to the FAAA, the responsible minister, upon receipt of the report, shall obtain the observation of the public body concerned on any matter which has been drawn by the auditor general in the report, and cause such observations to be presented to the House of Representatives together with the report.

The Act also says if the responsible minister fails, within two months of receipt of the report, to present to the House or Representatives then the auditor general shall transmit a copy of the report to the Speaker of the House of Representatives to be presented to the House.

The two reports of the Auditor General’s Department were reportedly sent back to the department because the parliamentary counsel advised the House Speaker that the department did not comply with the section of the Act which mandates that the documents should be first sent to the responsible minister prior to being tabled in the House.

Parliament had told the AGD that as soon as the lawful process is observed, the reports will be tabled immediately.

On Friday the Opposition People’s National Party (PNP) reiterated its call for the immediate tabling of reports from all investigative bodies upon submission to Parliament.

The party pointed to the Integrity Commission’s annual report sent to Parliament in 2023 disclosing ongoing investigations involving six parliamentarians for illicit enrichment.

“Subsequently, the Speaker of the House ruled that certain Integrity Commission reports must undergo review by Parliament’s Integrity Commission Oversight Committee before being tabled. This decision was purportedly based on a legal opinion from the attorney general, which remains unshared with the public despite repeated requests from the Opposition,” the PNP said.

It said that the Speaker’s ruling “has stymied the prompt tabling of the auditor general’s performance audit reports sent to Parliament” in January.

“The Speaker’s deviation from the established protocol hinders the timely dissemination of crucial information vital for transparent governance,” the PNP said, adding that it has “strongly opposed this approach, and maintains that the conduct of the Speaker with respect to the timely tabling of reports, and her departure from established practices, is inconsistent with good governance”.