THE absence of University Hospital of the West Indies (UHWI) CEO Fitzgerald Mitchell from a third Public Accounts Committee (PAC) hearing on Tuesday, despite being formally summoned, reignited calls for urgent reform of Jamaica’s laws regarding contempt of Parliament after Members of Parliament were told that the penalty remains a fine of just $200 or up to 12 months’ imprisonment.

Mitchell’s latest no-show marked the third time he has failed to appear before the committee since lawmakers began examining a damning Auditor General’s report into procurement, governance, and record-keeping practices at UHWI.

The repeated absences drew sharp criticism from members, who argued that the issue had grown beyond the details of the audit and had become a challenge to Parliament’s authority.

“We have received no correspondence from Mr Mitchell, nor his lawyer, indicating his absence. And in view of his absence from this meeting, there is a process that will be triggered,” PAC Chairman Julian Robinson told the committee.

Robinson said Mitchell’s conduct was particularly troubling because the committee had exhausted every reasonable avenue to secure his attendance before resorting to a summons.

“It is very concerning that a public official who is in a position of authority – having been invited, first [to have] not responded, [then] having been summoned, [there was] no response either from himself nor his lawyer — is in contempt and in breach of the Parliament,” he said.

Senior legislative counsel of the Houses of Parliament Tiffany Stewart outlines the legal process for dealing with contempt of Parliament during Tuesday’s meeting of the Public Accounts Committee. 

The committee subsequently agreed to prepare a report to the Speaker of the House outlining Mitchell’s failure to comply with the summons and requesting that the matter proceed under the Senate and House of Representatives Powers and Privileges Act.

The discussion quickly expanded into a wider debate about the effectiveness of Jamaica’s contempt of Parliament laws after Senior Legislative Counsel Tiffany Stewart outlined the penalties currently available under the legislation.

Stewart confirmed that all legal requirements for serving the summons had been satisfied and explained that failure to comply could amount to contempt of Parliament. However, she noted that the law needs to be updated.

“So I’m recommending, for example, the Ministry of Justice and Constitutional Affairs in conjunction with, let’s say, the Law Reform Department as well as the Office of the Parliamentary Council undertake an extensive review of this legislation to facilitate for the purposes of public accountability an amendment to section 18 of the legislation to enhance the penalties and to include the relevant sanctions,” she said.

Under the current law, a person found guilty of contempt faces a fine not exceeding $200 and, in default of payment, imprisonment for a term not exceeding 12 months.

For Robinson, the penalty highlighted a major weakness in Parliament’s ability to enforce compliance.

Member of Parliament for Clarendon South Western Lothan Cousins speaks during Tuesday’s Public Accounts Committee meeting

He warned that allowing public officials to ignore invitations and summonses without meaningful consequences could undermine Parliament’s constitutional oversight role.

“It can’t be that a committee designed to ensure accountability, transparency, and good governance will have its work subverted simply because a public officer refuses to appear before it,” Robinson said.

Several members expressed frustration that Mitchell had chosen not to engage with the committee while others called before it had cooperated fully.

Robinson pointed to the attendance of former CEO Kevin Allen and former board Chairman Wayne Chai Chong, both of whom had appeared before the committee and answered questions related to the Auditor General’s report.

Opposition Member of Parliament (MP) representing Manchester Southern Peter Bunting described Mitchell’s actions as an affront to Parliament and urged the committee to pursue the matter despite the limited sanctions available under the law.

“This behaviour of the CEO is outrageous and unacceptable. It is contemptuous of Parliament’s role in giving oversight to the executive and it cannot be allowed to stand or we’re just wasting our time coming here to attend PAC and other standing committee meetings,” Bunting said.

Member of Parliament for Manchester Southern Peter Bunting makes a point during Tuesday’s meeting of Parliament’s Public Accounts Committee at Gordon House.

“The litany of mismanagement that we have read in the Auditor General’s report and for this level of contempt to be offered to this committee is just plain unacceptable. While the $200 may be a nuisance… I still think we should go through with the conviction for contempt. At least let that be on the person’s record if that is the only thing to signal to the public that this committee is completely dissatisfied and we find this behaviour absolutely unacceptable,” Bunting added.

Opposition MP representing Clarendon South Western Lothan Cousins said Mitchell’s absence was unlike anything he had encountered during his years on the committee.

“We’re speaking about a CEO serving the hospital and receiving compensation. We are dealing with serious matters that need interrogation and it’s not only about criticism but we are here to assist as well, as you have seen over the last couple of weeks… This is most unacceptable and I sincerely hope that the minister is looking on, the board is taking note and that serious disciplinary action must be taken as it relates to this particular individual and the office that he holds,” he said.

Permanent secretary in the Ministry of Health and Wellness Errol Greene said the authority to discipline Mitchell rests with the UHWI board, but pledged to formally communicate the committee’s concerns.

“What I can assure you is that I will be writing as soon as I leave here to the chairman of the board to express the concerns and the angst of the PAC, and to ask that due diligence be done and whatever disciplinary actions can be taken by the board of directors of the University Hospital of the West Indies after they do their due diligence that that be done. That’s what I’m committing to do,” Greene said.

The PAC’s investigation stems from an Auditor General’s report that identified significant weaknesses in UHWI’s operations, including procurement practices and governance arrangements. The committee has spent weeks questioning current and former officials in an effort to establish how the problems occurred and who should be held accountable.