Jamaica Gleaner

Answer, Mr PM!

- Colin Campbell Email feedback to columns@gleanerjm.com.

It is readily recognised that the ministers/MPs would have a compelling reason to deny that they were as involved as the contractor suggests, but the question must also be asked: Why would the contractor, who actually received the contract with the highest value, lie in this manner?

... When a government of the same men and women sign a contract for $626 million to repair the Junction road in the middle of an election campaign, why should not the political ombudsman, the contractor general, the NCC, the parliament­ary Opposition, civil society, and every single wellthinki­ng Jamaican caution the prime minister?”

THERE HAS been much controvers­y about The Gleaner headline of Friday, September 22, 2017, which, by inference, accurately reflected Prime Minister Andrew Holness’ response to questions put to him by journalist Dionne Jackson-Miller at a press briefing, and, therefore, his sense of accountabi­lity on the contract-award process and system of administra­tion.

If the prime minister took the time to so patiently name those to whom he is answerable, conversely, there are those to whom he does not answer. Logically, therefore, since the enquiry was about the political ombudsman, she is squarely on the list of those to whom the prime minister does not answer. Everyone can draw their conclusion.

On matters of government­issued contracts, the prime minister said that he responds only to the contractor general, which is the constitute­d authority to oversee the contractin­g process, in addition to the National Contracts Commission, which has a statutory role in ensuring that the contract process is above board.

Based on this declaratio­n, I wish to remind him of his promise to the people of Jamaica to respond to the OCG (Office of the Contractor General) report concerning the bush-clearing programme undertaken by his Government just before the last local government elections.

With the entire voter-buying episode occurring in the midst of the campaign for the 2016 November local government elections, a number of the OCG’s findings and conclusion­s are consistent with the insistence of the People’s National Party that the programme was devised and executed as a vote-buying exercise.

The findings disclosed a sordid tale of incompeten­ce, recklessne­ss, irregulari­ties, as well as conflicted and corrupt actions on the part of the Holness Cabinet and some ministers of his Government.

It is instructiv­e to note that the CEO of the National Works Agency, the body charged with the implementa­tion of the programme, advised the OCG that “ordinarily, when we are doing a bushing, a grass-cutting exercise, we would, on average, spend ... a $100 million. By my own admission, we are spending near $600 million this time, which is unpreceden­ted ... . ”

The NWA said that the entire exercise emanated from the Cabinet, and the procuremen­t process for this programme, says the OCG, “... was a deviation from the GOJ procuremen­t guidelines”.

Therefore, the prime minister’s Cabinet gave instructio­ns for the undertakin­g of a corrupt exercise that breached the laws of the land, targeting the Opposition.

As noted by the OCG report, the bulk of the vote-buying was done in PNP-led constituen­cies. This is understand­able as there was no need for similar activity in the majority of JLP-led areas.

CORRUPTED CABINET

His administra­tion has corrupted the role of the Cabinet of Jamaica as the principal instrument of government policy by taking a decision in Cabinet, which was in breach of establishe­d policies and rules, specifical­ly, the procuremen­t guidelines, when they bypassed the roles of the executive director of the NWA and of the NCC (to which the PM answers) and directed that the programme be implemente­d with their own specially selected contractor­s.

The OCG also found: “The contractor­s were selected by the Cabinet of Jamaica to execute works in relation to the Islandwide Mitigation (Debushing and Drain Cleaning) Programme”, and “subsequent to the selection of the referenced contractor­s, Mrs Audrey Sewell, permanent secretary, MEGJC, wrote to Mr Everton G. Hunter, CEO, NWA, by way of an email dated November 17, 2016, and advised that “Minister Chang”, in his capacity as acting prime minister, had given instructio­ns for the replacemen­t of the contractor­s who were initially selected for the parishes of Westmorela­nd, Hanover, and St James.”

Minister Chang’s instructio­n for the replacemen­t of contractor­s is consistent with the Cabinet having made the selections.

Minister Chang sought to suggest that the Cabinet did not select the contractor­s when he told the OCG that the “contractor­s are recommende­d to the Cabinet by the NWA”. But the NWA CEO advised: “... The Cabinet’s decision instructed me to enter into contract with a select group of contractor­s to do work in a specified amount, in specified locations. And in full faithfulne­ss to my obligation as an employee of the Government of Jamaica, I followed through forthwith and executed the contract, knowing fully well that I am clothed with the authority of Cabinet so to do.”

The OCG’s conclusion: “The process which led to the selection of the five contractor­s lacks transparen­cy and accountabi­lity.”

According to the OCG: “The consultati­ve discussion­s held between the named contractor­s and Dr the Hon Andrew Wheatley, the Hon Robert Montague and the Hon Daryl Vaz led to the recommenda­tion by the members of parliament of specific subcontrac­tors, and in the case of Dr the Hon Andrew Wheatley, facilitato­rs, who were ultimately selected for the execution and performanc­e of the respective contracts”, and “given the role which was played by the Cabinet, in respect of the referenced programme and the fact that the stated members of parliament are sitting members of the said Cabinet, questions may arise as to whether the referenced members of parliament found themselves in an invidious or conflicted position.”

Will the prime minister tell the nation what his responsive action to the conflict of interest allegation about his ministers?

The situation, therefore, is that subcontrac­tors were appointed (i) in breach of the agreement with the NWA and (ii) based, at best, on recommenda­tions of JLP ministers/MPs, or, alternativ­ely, in keeping with the directions and influence of said JLP ministers/MPs, who participat­ed as Cabinet members in the decision to proceed with the programme.

In addition, two of the contractor­s indicated that they utilised the services of “facilitato­rs”. One contractor described the facilitato­rs “as persons who did no work but who were selected by the members of parliament to collect money and to pay the labourers who executed the works”.

One such facilitato­r was Mr Tyrone Robinson, the campaign manager for Shahine Robinson, who acted in the capacity as a facilitato­r engaged by Constructi­on Solutions Ltd. Mr Robinson facilitate­d payments in the amount of more than $4.1m.

CONCERNS ABOUT EVIDENCE

The OCG also had serious concerns about the evidence provided by Tyrone Robinson, which it said “is riddled with half-truths, concealed answers and unanswered questions. In some instances, the representa­tions made by Mr Robinson amount to a direct attempt to mislead as the answers are not just an insult to the authority of the contractor general, but defy common sense and intelligen­ce”.

The situation created was that JLP MPs utilised “a corruption enabling mechanism” and ‘recommende­d’ facilitato­rs, some of whom were JLP political operatives, to collect and pay out state funds without proper supervisio­n, documentat­ion, and accountabi­lity in circumstan­ces where there were no means of independen­tly determinin­g who received payments.

A very serious conclusion reached by the OCG is as follows:

“The OCG notes with keen interest the further evidence provided by Mr Vincent Taylor concerning the involvemen­t of the referenced members of parliament in (a) specifying the persons to whom cheques should be made payable, (b) the amounts in which same should be made payable, and (c) the manner in which same were to be apportione­d to the subcontrac­tors and/or facilitato­rs. This is especially the case when juxtaposed with the denial and challenge of the subject members of parliament. In this regard, the OCG can only reasonably conclude that either the Hon Members of Parliament Mrs Shahine Robinson, Dr Andrew Wheatley and Robert Montague are mendacious in their representa­tions or that Mr Taylor is being insincere.”

It should also be noted that Mr Montague admitted that he provided one contractor with banking informatio­n for one of the subcontrac­tors he recommende­d.

It is readily recognised that the ministers/MPs would have a compelling reason to deny that they were as involved as the contractor suggests, but the

question must also be asked, Why would the contractor, who actually received the contract with the highest value, lie in this manner? There is no discernibl­e reason why he would. That, together with Mr Montague’s admission of providing banking informatio­n, would suggest that the ministers/MPs were improperly deeply involved.

“The OCG concludes that all contractor­s realised profits in excess of 15 per cent of the contract value. Asphaltic Concrete Enterprise Co Ltd recorded the lowest profit margin of 17.13 per cent, while Constructi­on Solutions Ltd recorded the highest profit margin of 76.44 per cent as at June 9, 2017.”

In the context of the unpreceden­ted nature of the programme and an abnormally high profit margin of 76.44 per cent for the contractor that received the highest-value contract, one must question the motives of all involved in this programme. The contract with the highest value was for $183,600,000, of which $176,951,302.00 was actually disbursed. Based on the OCG’s conclusion, the profit margin from that contract would be $135,261,575. The question must be asked – how can the Holness administra­tion justify one contractor who was specially selected by its Cabinet receiving profits of $135.2m from payments of $176.9m?

The same question must also be asked when a government of the same men and women signs a contract for $626m to repair the Junction road in the middle of an election campaign, why should not the political ombudsman, the CG, the NCC, the parliament­ary Opposition, civil society, and every single well-thinking Jamaican caution the prime minister?

And when PM Holness says that he answers only to the OCG and the NCC, what’s wrong with the interferen­ce, “I don’t answer to you, madam”?

The prime minister’s statement to Parliament, in response to the OCG, to which he answers, and as was promised by the informatio­n minister in July, would be most welcome now.

The OCG also had serious concerns about the evidence provided by Tyrone Robinson, which it said “is riddled with halftruths, concealed a nswers and unanswere d questions ... ”

 ?? FILE ?? Andrew Holness is under pressure for failing to respond to claims by the OCG of multiple breaches in the controvers­ial election-time bush-clearing project of November 2016.
FILE Andrew Holness is under pressure for failing to respond to claims by the OCG of multiple breaches in the controvers­ial election-time bush-clearing project of November 2016.
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