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TCI: AG tells House Speaker Governor has to consult Cabinet on controversial amendment, raises more questions about the change

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#TurksandCaicos, December 19, 2017 – Providenciales – The Attorney General is taking exception to the view that removing the Minister of Finance and Permanent Secretary of Finance from section 40 of the Public Financial Management Ordinance does not give all of the power to scrutinize and dismantle statutory boards to the Governor.    Even though the law as it stands and the proposal as drafted by her office clearly omits the elected official and the hired PS, she said the TCI Constitution makes it clear that the Governor has to act in consultation with the Cabinet at all times.

AG Rhondalee Braithwaite Knowles was speaking in the House of Assembly to a hot button issue, which has certainly captured Magnetic Media’s attention.   Our consultation and research, following a media release by concerned citizen and attorney at law, Mark Fulford confirmed that indeed the amendment would give more power to the British, an uncomfortable notion in these islands.   While the AG points out that the Governor, no matter who is the governor would not act unilaterally when it comes to terminating a statutory board, reappointing a statutory board or reviewing the operations of a statutory board; it is less clear and not addressed why, in order to include a UK-appointed Examiner, there has to even be the elimination in the ordinance of the Minister of Finance and the Permanent Secretary of Finance.

Her comments actually create more questions about the change, because if the Governor has to work with the Cabinet in any event when it comes to scrutiny of these government boards, why is the elimination of the Minister and PS even necessary to document in the law.   Many believe, the reason the two – usually Turks and Caicos Islander held positions were taken out of the section is to reduce their influence in matters related to Government Boards.    Especially poignant is the amendment given that since April 2017 – statutory boards have been under inspection for alleged bad management and fiscal imprudence.

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