The Constitution of Guyana provides four instances in which spending can be undertaken without prior Parliamentary approval

Published in Stabroek News of 2022.05.16, was Anand Goolsarran’s Accountability Watch column, “All financial breaches and other irregularities in government must be thoroughly investigated”. Mr Goolsarran’s otherwise excellent article was marred by the following erroneous and inaccurate statement: “…There is no provision for access to the [Consolidated] Fund beyond this period [the first four months of the fiscal year] … Therefore, all withdrawals from the Consolidated Fund to meet expenditure during the period May-August 2020 would have been devoid of constitutional/legislative authority.” To advance his case, he cited Articles 218 and 220 of the Constitution. A similar line of reasoning was parroted by a senior PPP government official in August 2020.

In my letter to Stabroek News’ editor, dated 2020.09.07, I dealt with this and related matters. I said then, in part: “The reality is that the Constitution of the Co-operative Republic of Guyana provides four instances in which spending can be undertaken without prior Parliamentary approval. The first, and most germane to the situation in which the country found itself during the previous 8 months, is when the Parliament has been dissolved. Article 219 (3) provides the relevant guidance: ‘Where at any time Parliament has been dissolved before any provision or any sufficient provision is made … for the carrying on of the Government of Guyana, the Minister responsible for finance may authorise the withdrawal of such sums from the Consolidated Fund as he or she may consider necessary for the purpose of meeting

expenditure on the public services until the expiry of a period of three months commencing with the date on which the National Assembly first meets after dissolution, but a statement of the expenditure so authorised shall, as soon as practicable be laid before the Assembly by the Minister responsible for finance or any other Minister designated by the President and, when the statement has been approved by the Assembly, that expenditure shall be included, under the appropriate heads, in the next Appropriation Bill.’” [My italics] I do not know how Mr Goolsarran missed Article 219. After all, this Article follows immediately after Article 218, and comes before Article 220, all of which he quoted. I hope he makes the necessary correction in his next submission.

Sincerely,

Winston Jordan

Former Minister of Finance