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Repeal and Replace amendment removes TCI elected representative, more power to British Governor

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Providenciales, Turks and Caicos, December 14, 2017 – A proposal to change a pivotal law governing Statutory Bodies will diminish the role of the democratically elected administration when it comes to the fiscal management of these entities and will increase the power of the British appointed Governor, including giving the Governor the authority to appoint a one person review team, when these bodies step out of line.

The Public Financial Management Ordinance Amendment Bill 2017 has already been tabled and has passed through its first reading in the House of Assembly; inching closer to becoming a concrete part of the country’s legislative framework. In the amendment to repeal and replace, there is complete removal of the Minister of Finance.

The Gazette reveals that only Section 40 is being repealed and replaced and when compared to what is currently contained in that portion of the 2012 legislation, we see that the Finance Minister who then had consultative control, now has none.

The role reduced to ‘zero’ when it comes to participating in how Statutory Bodies are handled when they fall below measured expectations.  The 2017 amendment bill gives the Governor the power to appoint an examiner when necessary, it gives that examiner – full responsibility for the operation and records of the boards, it gives the Governor the power to dismantle and re-assign people to the statutory boards and there is a penal element.

Any resistance or obstruction to the work of the Governor or Examiner is criminalized and anyone found guilty will be fined $5,000.

At least one islander is taking exception to the proposed change, officially.  Mark Fulford, attorney who is becoming increasingly vocal on national issues said emphatically in a media statement:

“Why is it that the overseas Colonial powers want this power and authority removed from the hands of the elected officials and put in the Governor’s Hands?  Is it because the country is broke and cannot afford to pay the measly sums to Board members monthly? No! because the Premier indicated we have $101 Million in surplus. Is it because the Board members are incompetent? No, it is not, as many of these Board members have degrees, life or work experience in the industry related to the Boards upon which they sit. Then what is it? From the pattern of the British’s’ behavior over the last 9 years, one can only conclude it is because they are of the view that the Board Members and the Country as whole cannot self-govern and this view though it pains me to say in this day and age may be directly due to certain historical, abhorrent racial ideologies. It is because the Board Members are Turks and Caicos Islanders.”

The amendment is due for debate in the next sitting of the House of Assembly and although not yet passed, already the Examiner has been hired by the Governor.  Stephen Turnbull, who since 2013 has been the Chief Financial Officer of the Turks and Caicos, and who was a Financial Advisor was reportedly asked to apply for the job, which he got.

Cabinet has approved the amendment to the Public Financial Management Ordinance since October 2017.

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