The Auditor General’s report for 2006 (conclusion)

Introduction
Today we conclude our 3-part review of the Auditor General’s report for 2006. I apologise for presenting a rather disturbing picture of the financial management of the country that stands in stark contrast to the oft-repeated boast of financial probity and accountability. What makes matters worse is that measured by tax to GDP, Guyanese pay considerably more taxes than any other country in Caricom and these are among the highest in the world. And for VAT alone, Guyana stands out among the Caricom countries with the share of GDP that is collected in the form of VAT being three times that of Trinidad and Tobago, a country which has had VAT for over fifteen years. This is no doubt, in part due to the required rate of VAT to meet the revenue-neutrality commitment by the government being considerably more than it should be. The government knows this and has been reminded of it on a number of occasions but has simply ignored it. After all, it considers the press as financially illiterate so what does it think of the rest of us Guyanese?

It is almost pointless identifying all the weaknesses in the report itself, in the scope that it appears to consider adequate to make a proper conclusion, and in its findings. We note that the Office of the Prime Minister which spent one hundred million dollars in 2006 does not warrant any mention in the report, but what about the Privatisation Unit/NICIL as the Ministry of Finance chooses to call it, and which does not account for hundreds of millions of dollars it collects and spends unlawfully year after year. There is not a single mention of this fundamental breach of the constitution that ranks and rankles with the infamous Lotto Funds.

Yet in paragraph 325 the report finds space and time to commend the GDF for achieving a Nil balance on its salaries account for four of twelve months in 2006! That a failure rate of eight out of twelve in respect of this most elementary principle of book-keeping is regarded by the Auditor General as “commendable” is an indication that the bar set by the report for accountability is so low that it can cause even the walker to stump her/his toe!

The GRA
The report indicates a poor understanding of the laws and operation of the Guyana Revenue Authority by its failure to address some real and fundamental issues, and even when it does present some findings it is unable to put a meaningful interpretation on them. Take for example the section of the report dealing with Customs and Trade Administration. Eleven of the thirteen paragraphs deal with “Prior year matters which have not been fully resolved,” with the adverb seeming overly generous. The report appears oblivious to the several scams that take place in that division costing the state billions of dollars in funds which could have gone to reduce the prohibitive VAT and PAYE borne mainly by low-income taxpayers.

The story is not too different with the Internal Revenue Department, which according to the report has not taken steps to have all delinquent self-employed persons comply with the Income Tax Act, one of the reasons given for the merger of the tax-collecting agencies in 2000. The report tells us that there are 22,682 persons who have been identified by the GRA as self-employed, but it does not bother to tell us how many filed returns. There is no reason why the GRA with the technical, IT and legal professionals, and the enforcement and penal provisions at its disposal could not achieve a 75% filing performance. But let us assume a 50% rate of filing, the average tax collection per person is a mere $7,500 per month per taxpayer or the equivalent of about $50,000 per month of profit! Is it not time that the GRA prosecute those accountants and tax consultants who aid and abet the criminal act of tax evasion? I do not believe that any serious Audit Office and GRA would find this credible, but I am surprised that the report does not highlight it and give any indication of the steps proposed to deal with what is obviously a scandalous situation.

The QAII debacle and the preferential treatment of New GPC should have alerted the Auditor General to the need and the statutory requirement for a proper audit of the tax concessions given under various acts. The Auditor General would know that in the absence of Goods Received Records he could have applied alternative methods of testing the purchase of these items with a value in excess of $600 million, including obtaining from the supplier, the New GPC, copies of their invoices and delivery records. Failure to do this reflects very poorly on him.

The report ignores this and does not deal with the fact that the system of tax refunds is a joke and an injustice to the taxpaying public. And should the report have noted that there has not been a Board of Review for several years or that the last Chairman, Mr Brindley Benn, is not known to have any expertise in this crucial area? One only has to read some of the decisions coming out of the Board of Review of other Caribbean countries to recognize the calibre of persons who should be appointed to such a body.

Unreconciled
If one is serious about the finances of the country the two entities charged with managing and accounting for these funds – the Accountant General’s Office and the Ministry of Finance cannot be allowed to be the featured stars in this tragic-comedy of errors and incompetence. Many of the discrepancies highlighted (and not highlighted such as the requirement to submit to the National Assembly a mid-year report by August 30 each year), in the report can be traced directly to one or the other of these two entities. Only a sprinkling of examples is required to show the scale of the problem: no financial statements produced for audit in respect of the State Planning Commission for 1992-2006, $6.513 billion shown as advances from the Dependants Pension Fund Deposit Fund outstanding at December 31, 2006 could not be substantiated and the old Consolidated Fund bank account NO 400 not reconciled since 1988. And what has been the solution by the new breed of financial literati? Open new accounts and do not bother to reconcile those either. So you now have an untold number of bank accounts, most of which are not reconciled and 108 accounts which are listed as inactive.

Of the $16.5 billion available to Ministry of Finance, only $3.6 billion was spent, which reflects either incredible money-management skills or a hopelessly flawed budget process, which prior to his elevation as Finance Minister was under the control of Dr Ashni Singh as Budget Director. A loan of $2.617 billion from the International Development Association was placed into an account in December 2003 for “investments in human capital under the health and education sectors; (b) strengthening of public institutions and improvement of governance (c) expansion and improvement in the provision of basic services under the water sector; and (d) broad-based job-generating economic growth.” Laudable projects, all except that there have been no transactions on this account since and the country must surely be paying interest on that loan. This ignores the even greater price in the loss of benefits that would have been generated by implementation of the initiatives contemplated when the loan agreement was signed.

Not only are all the issues raised under the section dealing with the National Procurement and Tender Administration (paragraphs 108-122) and that dealing with the Integrated Fiscal and Management Accounting System (IFMAS) matters coming forward from previous years, but these are matters for which the Minister of Finance is responsible. Not only has the constitutional body, the National Procurement Commission, not been set up, but as we see from paragraph 116 of the report, the Minister of Finance did not insist that the Chairman of the National Board submit the annual report required by the Procurement Act on the effectiveness of the procurement process!

The AG’s opinion
Despite all the weaknesses, omissions and failures, the opinion expressed on the report is a mixed opinion involving one in which the Auditor General (ag) claims that “subject to” the massive errors and omissions some of the statements present fairly the financial transactions and positions on some of the accounts and statements, but in relation to others he could not form an opinion.

Among the former is that relating to the Receipts and Payments of the Consolidated Fund and Receipts and Payments of the Contingencies Fund. As an auditor who first entered a profession which I have practised in several jurisdictions since September 1974, I simply cannot see how a “subject to” opinion can be issued where there are such fundamental breaches of the constitution and other laws and where billions of dollars are not properly accounted for. These would include funds collected by the Georgetown Public Hospital Corporation, foreign missions, royalties, privatization proceeds and Lotto Funds.

And imagine that the government which has retained VAT funds from the consumers is unable to reconcile the majority of bank accounts and that the balance of $8.774 billion “represents the best available estimate of the cash position of the Government as at December 31, 2006.” Should this amount be $50 billion or $50? The answer is that no one knows for sure. The unfortunate remarks by our President referred to in the first two weeks of this analysis send the message that knowing how much money the country has is unimportant. The absence of control over the bank accounts appears to substantiate that belief.

Where do we go from here?
No useful purpose would be served by listing the many unacceptable conditions cited in the report. Suffice it to say that this report should be a wake-up call to all Guyanese and more particularly the parliamentary opposition and the government of the need to address an untenable situation. We keep hearing that scarcity of resources constrains the effectiveness of financial oversight, and we are now painfully aware of the persistent failures of the Accountant General’s office, the Audit Office and the Ministry of Finance. As previously mentioned these are the entities tasked with the responsibility of managing, accounting for and ensuring that the nation’s resources are adequately protected. Immediate reforms in the way they do business (and it is business) are needed. The first statement of intent would be the allocation of resources to enhance the capability of the entities. Despite all the cries of scarce resources, this report highlights the abuse and misuse of resources and the critical need for strengthening the capability of the three entities. If accountability is job number one, then the President as the Chief Accountable Officer must ensure that the Accountant General, the Auditor General and the Minister of Finance are given the tools needed to discharge their constitutional and statutory responsibilities.

The system requires the ministries and other government entities to respond formally by way of a Treasury Memorandum to the report of the Public Accounts Committee following its own review of each Auditor General’s report. When after several years of non-compliance by the PNC and itself, the government published the first such memorandum in 2006 there was much crowing, so it is troubling that the government has failed to respond to the last report done by the PAC. Taxpayers and citizens have a right to know the proposed measures to address the deficiencies in accounting, accountability and governance. Having done a mere superficial review of the report, as a taxpayer I am appalled at the way in which my taxes are spent. I would willingly pay anyone for advice on the legal recourse I have as a citizen and it is truly time for the country to wake up from the party which it financed to the tune of hundreds of millions of dollars and get serious.

Faced with this scandalous financial situation, the Public Accounts Committee has gone into recess, but it too needs to recognize that it cannot be business as usual. It needs to get the technical expertise to assist it in its work, and it needs a full-time secretariat in order to exercise its constitutional authority. It should call the Auditor General to discuss his report, the capability of his department and the glaring shortcomings that have surfaced as a result of his continued inability to carry out his constitutional mandate. Business Page can hardly wait to see whether the situation provokes as visceral a response by the President to correct the situation as was his reaction to perceived criticism of the report. It will be a true barometer of the seriousness of his administration about accountability.

The Auditor General’s report for 2006 (continued)

Update
In the first part of this review (BP 24.8.08) of the Auditor General’s report for 2006 we examined the several statutory obligations of the Audit Office under the constitution and several other statutes. We noted that the office has failed to carry out a substantial and perhaps a majority of its duties including the audit of entities and funds amounting to billions of dollars, noting specifically the Sugar Industry and Welfare Fund which has not been audited for over ten years. During the week I learnt that this fund amounting to approximately $1.25 billion was subject to a major fraud. This should cause an auditor not only to advance the statutory audit of the financial statements but to carry out a fraud investigation as well. While the Audit Act allows the Auditor General “complete discretion” such discretion surely does not extend to whether or not he can choose to carry out the audit of any entity, and the Public Accounts Committee needs to press him on this.

Two of the most important powers of the Auditor General are those of access to information to carry out the audits for which he is statutorily responsible and the freedom (and duty) to report to Parliament on such matters as he considers necessary. To wait for five years before inserting almost as a footnote to his report that such audits are outstanding, amounts to a dereliction of his duty. It would seem as well that there is a fiduciary obligation on the part of the National Assembly to withhold funds until the audits are brought up to date, as the government has done with certain other entities.

On the President’s statement that the bank balances are not real cash but a book entry, the records show that at the end of 2006 the government had over three hundred bank accounts of which one hundred and eight were dormant, but with balances amounting to hundreds of millions of dollars. These accounts were held exclusively with a third party and represent real cash running into billions of dollars. When the President misspoke in relation to the tax laws, the task of cleaning up fell on Winston Brassington. Now it is the turn of Finance Minister Dr Ashni Singh who has been mandated to educate those described by the President as “financially illiterate” even as the President mistakenly identifies the Minister as the authority for the appointment of the Auditor General. In fact the constitution confers that power on the President acting in accordance with the advice of the Public Service Commission, instead of logically that of the National Assembly through the Public Accounts Committee (PAC).

Independence
In this second column in the series we look at some of the other provisions of the Audit Act and their implications for professional quality work by the Audit Office. The first is the duty to act independently. The role of the Auditor General is primarily to provide Parliament, the people and donors with independently derived audit information about the executive arm of government. Parliament exercises its oversight role of the office by way of the Public Accounts Committee chaired by the opposition which from time to time laments its narrow mandate, while Parliament seems to think its own involvement ends with the handing over of the report by the Auditor General to the Speaker of the National Assembly, often several months late.

The Audit Office cannot act independently if it is strangled for funds by the Ministry of Finance, arguably its primary client. Parliament needs to be far more forceful in securing resources for the Audit Office which would be one way to secure its independence of the executive and ensure the effectiveness of the office’s work. The Auditor General’s independence is also compromised because his is an acting position, though as we shall see presently it would not be possible for the acting holder to be confirmed in the post.

This lack of independence was most tellingly demonstrated by a press statement in 2005 referring to instructions by the President to the Audit Office in relation to the long promised flood account. Perhaps not too many people are surprised that three years later the Audit Office has gone silent on this matter. More recently we saw the Auditor General being summoned to the Office of the President in connection with another Customs corruption scandal but will this report too never see the light of day despite the requirement of the law that all reports of the Auditor General be submitted to the National Assembly?

Conflict of interest
The second provision is the prohibition of any conflict of interest between the Auditor General’s official role and that in any private or professional entity or activity with which he is associated. The problem is not only that this limitation is narrowly defined but that it applies to the Auditor General only. The second paragraph of the audit report just published correctly assigns responsibility for preparation of the statements and accounts to the Minister of Finance and Head of Budget Agencies. Those who would wish to defend the situation whereby the wife of the Finance Minister in her role as number two and the most professionally qualified person in the Audit Office, is not bound by this narrow conflict of interest limitation simply do not understand how the audit profession works, what conflict of interest means and the damage done by its very appearance. Any such appearance will mean that the report coming out of the Audit Office will be viewed with scepticism.

Qualifications
The third point is in relation to what would seem to be the required qualification for the post of Auditor General. Could Parliament in enacting the Audit Act 2004 giving to the Auditor General the same conditions of service and benefits including tax free salaries as the Chief Justice have intended that the Auditor General would not have to hold a first degree or a professional qualification? That is the case of the current holder of the post of Auditor General whose audit responsibilities dwarf those of all the professional auditors in Guyana combined.

Depleted
The vacancy rate in the Audit Office averages about 50% with a considerably higher rate at the senior levels.

The website of the Australian Auditor General in discussing its role notes that to be seen to be competent, key stakeholders must view the Auditor General as being the right person for the job and must also have the means to acquire resources according to the skill requirements of the job to be done. Without these characteristics, the assurances of the Auditor General would certainly lack credibility, even if the independence of the office was not significantly compromised.

In his 2002 report, then Auditor General (ag) Mr B Balram referred to the “depleting staff situation in the Audit Office” as a result of which he could only adopt a selective approach in his audit. Consequently he warned against relying “upon the findings of his report to reflect the results of a comprehensive review of the financial operations of Government,” adding that he thought such a review desirable. While four years later the situation is now much worse, there is an absence of similar frankness by the incumbent leaving the uninformed reader with a false sense of security about the state of the government’s finances.

Basic
No wonder then that the Audit Office has chosen the most basic areas of cash and bank, purchases and stores and the maintenance of vehicle log books as his focus for the shortened audit report for 2006. This reminded me of a medical client some time ago who chided me for not paying enough attention to petty cash and postage stamps amounting to less than $5,000 but seemed far less concerned about whether his billing system which accounted for hundreds of thousands of dollars in revenue per month was effective! While Value for Money (VFM) audits are indeed very useful and necessary, there are not enough staff for the more routine functions involved, and many audits go undone for several years. Yet, the Auditor General is diverting his limited resources to set up a VFM Unit whose only progress to date “is presently in the initial stage of formulating its first VFM audit plan,” whatever that means in practical terms.

Sadly, the several limitations are reflected in the scope of his audit and the quality of the report which at times uses language more suited to a newspaper column than a professional report. For example, what must the reader assume from paragraph 6 (iv) of the report that refers to “The balances of 66 inactive bank accounts, of which eight had balances in excess of $100M.” It is standard practice that audit reports should not assume financial literacy and should as far as possible state actual values. And more than once the report gives the impression that the introduction of the new system IFMAS was done during 2006 – in fact this was introduced in 2004, and how too does the Auditor General explain his statement that IFMAS operates a single bank account when some 194 active accounts are maintained?

Trinkets and the wood for the trees
And in paragraph 8, the report repeats the “continued lack of reporting for all gifts to Ministries, Departments and Regions” as if we are talking about trinkets. In fact some “gifts” represent hundreds of millions of dollars and the Auditor General only needs to refer to successive Budget speeches and the newspapers to see some of the cases of huge sums of money. In one paragraph the report noted a UNDP grant of US$4.373M, but why not the others, not only out of a professional obligation but also so that readers can see the full cost of running the country and where the money comes from.

And in the same vein, how could the report not even mention the huge sums being collected by the Privatisation Unit/NICIL that are not being properly accounted for, or why the royalties collected from OMAI are not being deposited into the Consolidated Fund as required by the constitution? The value of special funds not accounted for and spent without any parliamentary approval has gone way beyond the infamous Lotto Funds despite the howls of protest over the years.

To be continued

The Auditor General’s Report for 2006

Introduction
It is now established that the Report of the Auditor General was late by more than ten months. By law, the Auditor General is required to report “at least annually, and within nine months of the end of each fiscal year, on the results of his audit of the consolidated financial statements and the accounts of budget agencies in relation to that fiscal year.” It is not only that he has failed to do so, but he has also failed to report on several of the Budget agencies which have spent tens of billions of taxpayer and loan funds without any audit or accountability. In the next few columns, we will review the report not only for what it says but more importantly for what it should have contained but does not, and we shall make our own conclusions about the real value of the report to the people of Guyana.

We will bear in mind too that several months ago the acting Auditor General had promised the report no later than June 30 of this year and failed to say anything when that time came and went. We will, as space permits, look at whether the Auditor General has met his other obligations under the laws, among other things.

More sound than substance
One of the ironies of the 2006 report is that it is far less comprehensive than the report for 2005. Not that size alone matters but some valid reasons should have been offered for the downsizing of the report from 1,822 paragraphs in 2005 to 525 paragraphs in 2006, many of which are devoted to “Prior year matters that have not been fully resolved.” The size of the Guyana National Budget has expanded dramatically, state corporations formed under the Public Corporations Act and the Companies Act have increased the volume and value of transactions they carry out each year while legislation in 2003 and 2004 introduced new systems of accountability as well as new responsibilities of the Audit Office as it is now called.

Yet, the 2006 report which does little more than repeat the several failures highlighted in earlier reports has generated considerably more public discussion and interest, eliciting responses from the Ministers of Health and Finance, the Head of the Presidential Secretariat and his boss the President himself. In fact the statements from the latter two were in stark conflict with Dr Luncheon suggesting quite inaccurately that the closure of certain bank accounts was proving difficult, “fundamentally because of a lack of information and timely reconciliation.”

Perhaps the Minister of Finance who spoke after Dr Luncheon should have advised him that the closure of accounts has nothing to do with whether or not accounts are reconciled as any person who has held a bank account will attest! In fact closure actually helps with reconciliations since it brings an end to all business being conducted on that account.

‘Illiteracy’
But if Dr Luncheon’s statement was uninformed and misleading, it was the President’s contribution that truly caught the imagination and raised some parallel with his contribution to the debate on tax holidays for QA II. Attributing some of the findings in the report to factors ranging from financial ‘illiteracy’ to the previous government for perceived irregularities outlined in the 2006, President Jagdeo described the government’s failure to deal with Lotto funds in accordance with the constitution as a “technical issue,” and incredibly described the billions of dollars held in dormant accounts as “not real cash, it is a book entry…”

This is a matter with which the last Auditor General Anand Goolsarran had taken issue for several years and if the President were right – though he clearly is wrong – then each report for the past several years is deficient since dormant bank accounts usually represent cash confirmed as being held by a financial institution. What the President might have said is that there are possible explanations and controls to prevent the fraudulent use of these accounts, but without the benefit of this information one cannot determine whether the Auditor General was referring to confirmed bank balances or balances extracted from the accounting records. Past reports have been highlighting these same issues as far back as the nineties, and the accuracy of similar findings and comments were never questioned by any of the incumbent Finance Ministers, one of whom was the current President.

Where the President and his Finance Minister do have a point is in relation to outstanding advances drawn from the contingencies fund. Indeed normally a report would have identified the period for which the advances were outstanding, whether or not they were all proper charges on the contingencies fund, and would have highlighted the fact that many of these advances amounting to hundreds of millions of real dollars were made in the last week of 2006, including separate sums of $300 million each to the Ministry of Housing and the Ministry of Housing and Water, on December 29 and 30, respectively.

Why did the Auditor General not tell the nation the amount outstanding on the ten advances made in 2006 to the Ministry of Culture and Sport totalling $450 million dollars, or why in the space of seven days that ministry had to be advanced identical sums of $84.375 million?

Cabinet outreach and explanations
2006 was an election year in which all caution and rules were thrown to the wind, with a Cabinet outreach featuring outboard engines, food and other supplies funded by the state. Regrettably, the report is conspicuously silent on this or on any monies advanced to those like Omprakash Shivraj to get Guyana ready for World Cup Cricket.

Understandably there was no reaction to any of these omissions but the Guyanese public hopes that the Public Accounts Com-mittee (PAC), the body responsible for reviewing the reports from the Audit Office would raise the many questions which the report has failed to address.

And while the government, as indeed every citizen, has every right to express itself on any issue and to correct inaccurate reporting in the press, the established procedure for it to respond to the Auditor General’s Report is by way of a Treasury Mem-orandum following the review and report of the PAC. I believe that it is legitimate and necessary for any report by the Audit Office to mention that the government is in breach of the requirement of the Standing Orders of the National Assembly that this be submitted within ninety days of the PAC’s report. My information is that the last such memorandum was issued in respect of the 2001 and 2002 reports.

Dr Singh, the Minister of Finance, has challenged the report for not adequately reflecting explanations that would have been proffered by the government ministries and departments.

In fact I believe that the report was generous to a fault, accepting some of the most simplistic excuses offered by officials.

The report for example accepts the explanation by GINA that it breached the Procurement Act because it needed a minibus urgently! But the most glaring and arguably dangerous example not only of the acceptance of banal explanations but the apparent condoning by the Audit Office of a breach of the constitution is in relation to the Lotto Funds on which the report concludes that the unconstitutional expenditure from those funds “was within the National Sectors previously identified and in accordance with the guidelines for access to the Lottery funding”! Mr Sharma, if the thing is unconstitutional what can it accord with? No wonder then that Health Minister Dr Leslie Ramsammy could explain the breach by his ministry and the Georgetown Public Hospital Corporation in its purchase of drugs from New GPC as being in accordance with a cabinet decision.

The Audit Act
Under section 4 of the Audit Act, the Auditor General is the auditor of all public accounts defined in the constitution as including all central and local government bodies and entities; all bodies and entities in which the state has a controlling interest; all projects funded by way of loans or grants by a foreign state or organisation. All entities set up under that act are required to submit to the minister within 6 months of the end of the financial year a report including accounts of the corporation, which should be tabled in the National Assembly no later than three months thereafter. One such entity, GO-Invest, appears not even to know of this requirement!

Under the Companies Act all government companies have similar reporting requirements, but these too just ignore the law with impunity. Some of the larger active government companies are GuySuco, Guyana Power & Light Inc, Guyana National Newspapers Limited, Guyana National Shipping, GUYOIL, National Communications Network Inc and NICIL.

Audit responsibilities and non-compliance
Apart from its responsibility to audit the ministries and departments that come directly under the government the Audit Office is also responsible for auditing the Budget agencies listed in the Fiscal Management and Accountability Act, including the National Parks Commission which comes under the Office of the President, the National Trust, the Guyana Cooperative Financial Services, the Guyana Energy Agency, the Guyana Post Office Corporation, the Civil Aviation Authority, the Integrity Commission, the National Sports Commission and the Dependents Pension Fund. Another such entity is the Sugar Industry and Welfare Fund which controls close to $1.4 billion of real money for the direct benefit of the sugar workers but which has not been audited since 1996.

Indeed, instead of stating the status of the audits of all such entities the report simply identifies those that are more than five years in arrears! Moreover in respect of the backlog audits which are completed, the Audit Office does not report its detailed findings such as breaches of procurement laws, etc, but merely refers to the reasons for any adverse or disclaimer opinions given on the financial statements for the last year for which audits have been done. As a result we are completely in the dark about the Guyana Post Office Corporation which has not been audited since 1998.

Special functions
In addition to its report on the Public Accounts the Audit Office is required to submit to the Public Accounts Committee (PAC) within one month of each quarter a quarterly report on the performance and operation of the Audit Office and within (t1)4* months of the end of year an Annual Performance and Financial Audit Report. Under the Audit Act the PAC is required to appoint an independent auditor. There is nothing to indicate that any of these reports has been submitted or that the Audit Office has itself been audited.

There is a similar deadline and procedural requirement for the Auditor General in respect of special audits conducted by him. In other words the reports on his special audits of all the so-called scams that have taken place during the year should also be tabled in the National Assembly but while the 2006 report refers to twenty-three special investigations having been finalized in 2006, there is no evidence that the reports on these audits or investigations have been submitted by him for laying in the National Assembly.

Under section 37 of the Investment Act the Auditor General is required to carry out annually a procedural or process audit of incentives granted under section 2 of the Income Tax (In Aid of Industry) Act and to submit to the National Assembly for laying within six months after the end of each financial year the report thereon. No such report has even been laid nor is there any indication that the responsibility was discharged. If that was properly done then the concessions illegally granted to QA II and whoever else would have been exposed a long time ago and the revenues of the country protected.

Next week
The scope of the responsibilities of the Audit Office is wide and it requires as its head not someone in an acting capacity but a professionally qualified accountant who can act independently of the politicians. In next week’s column we will look at some of the challenges facing the office, review the report in some detail and offer our own view on how the findings could have been made more useful.

*(t1)Supposed to be section 43

Spending those billions (conclusion)

Introduction

Last week I began looking at the capital expenditure of the central government comparing it with the rate of growth over a five year period. The conclusion was that despite the government having spent over US$800 million dollars over that period and more than US$1 billion over the last seven years, this expenditure has not been reflected in matching growth in the economy. One person commenting on that conclusion considered that I was ignoring the extent of the underground economy which is estimated to range between 30% and 60%. While there is merit in that criticism it is hard to fault anyone for using official statistics but more important is whether the substantial sums spent on capital expenditure by the government are for the benefit of those who under-declare their businesses’ performance and engage in tax evasion and money laundering or for those who struggle to survive in very challenging circumstances and yet try to abide by the laws and the rules.

I concluded last week with a commitment to look this week at the significant items in the capital expenditure budget for 2008 of G$40 billion dollars. Of that amount, four ministries account for $26.6 billion or 66% (See following table). Compared with the preceding year however this was approximately 0.16% over 2007 during which the official rate of inflation was close to 15%.

Table 1 – ($million)

Agency/Ministry 2007
Revised
2008
Budget
Office of the Prime Minister 3,003 5,053
Ministry of Finance 8,419 8,767
Ministry of Public Works and Communications 9,562 8,049
Ministry of Housing and Water 5,160 4,696
Total 26,144 26,565

Source: Estimates of the Public Sector, 2008

The Ministry of Finance itself does not within its own portfolio expend the capital expenditure it allocates itself but spends this in a number of areas. A more direct breakdown of the $8.8 billion it will spend in 2008 is as follows:

  1. $4 billion to the Guyana Sugar Corporation;
  2. $575 million providing for institutional strengthening and purchase of equipment under the IDB funded Fiscal and Financial Management Programme;
  3. $998 million for support to community roads, drainage and irrigation projects; and
  4. $674 million providing for poverty alleviation and community development projects.

Of the $8,049 million to be spent by the Ministry of Public Works and Communications:

  1. A total of $6.2 billion has been budgeted for roads ($5 billion) and bridges ($1.2 billion) of which a substantial portion ($1.8 billion) is for ongoing expenditure on the New Amsterdam to Moleson Creek Road and $980 million budgeted to complete the access roads to the Berbice River Bridge and the rehabilitation of 54 bridges along the Timehri-Rosignol corridor;
  2. $2.2 billion to continue construction, rehabilitation and maintenance of sea defence structures;
  3. $395 million for the docking of ferry vessels and dredges, acquisition of spares, and rehabilitation of stellings and navigational aids;
  4. $108 million is budgeted for the construction of two new airstrips at Wakenaam and Leguan and the rehabilitation of the Baramita Airstrip.

Operators in the domestic airline sector to whom I spoke claim not to have been consulted on this extravagantly unaffordable proposal for the two airstrips. Access to many of the established airstrips is only available at prohibitively expensive charter service affordable to only a few. Not only will these new airstrips be badly under-utilised but operating and maintenance will run into millions each year. This is what I have referred to as cost-added rather than value-added expenditure from which only government ministers are likely to benefit.

Security

Mainly security expenditure in the Central Government Budget falls under the Ministry of Home Affairs which includes the Police and the Guyana Defence Force. These are the capital expenditure allocated in the 2008 Budget:

Table 2 – ($million)

Agency/Ministry 2007
Revised
2008
Budget
Ministry of Home Affairs 1,048 1,334
Guyana Defence Force 153 699
Total 1,201 2,033

Source: Estimates of the Public Sector, 2008

Included in the capital expenditure budget for the Ministry of Home Affairs is an allocation of $660 million for the Citizens Security Programme and $430 million for the Guyana Police Force.

Despite having announced that the government would be spending some $900 million on acquiring equipment including two helicopters for the Army in 2008 the allocation is considerably less which can only mean that the government was planning to have Supplementary appropriation even as the Minister of Finance was delivering the 2008 Budget!

Social Sector

Table 3 – ($Million)

Agency/Ministry 2007
Revised
2008
Budget
Georgetown Public Hospital Corporation 35 137
Ministry of Health 2,486 2,765
Ministry of Labour, Human Services and Social Security 1,297 372
Ministry of Education 2,799 2,280
Total 6,617 5,584

Source: Estimates of the Public Sector, 2008

The Ministry of Labour, Human Services and Social Security has the largest reduction from 2007 in the capital expenditure budget of all the ministries, departments, agencies or regions while education has also dropped by about 20% which may be due to a levelling off of programmes – the allocation to UG-Turkeyen fell by $360 million while the IDB-Funded BEAMS programme fell by $220M, primarily the School Performance Component (provision for numeracy and literacy programmes).

House lots instead of housing

Although substantial sums are to be spent via the Ministry of Housing and Water the allocation for housing ($1.5 billion) is mainly $850 million to provide infrastructure in low income settlement schemes and $420 million to complete roads, drains and structures in various areas. While the government has abandoned any attempt at providing any housing for the really vulnerable who cannot get a mortgage because for example they are either too old to work or simply cannot find jobs the number of new homes has risen substantially as a result of the house lots policy of the government since 1992.

Water gets $3.7 billion for projects which include the completion of two iron removal plants at Sophia and Central Ruimveldt ($500 million); upgrade of transmission and distribution lines ($331 million); completion of a treatment plant at No. 56 Village ($90 million); design and commencement of construction of three water treatment plants at Lima, Vergenoegen and Cotton Tree ($1 billion) and $58 million to improve water supply services to communities in the hinterland regions.

In agriculture an Agricultural Export Diversification Programme for US$20.9 million will be launched and for the privilege of hosting CARIFESTA for which Guyana was the only taker we will be forking out $300 million in the first instance while in electricity $220 million has been allocated for the purchase of a diesel electrification system for Port Kaituma, to construct distribution systems for Orealla and Siparuta and install solar panels in hinterland communities.

Depressed Communities

There is little in the 2008 Budget that can give any hope to some of our most depressed communities and even the billions that are being spent annually on roads and other infrastructure cannot be enjoyed by the large number of unemployed, pensioners and single parents – overwhelmingly women – who have no jobs to go to and who struggle daily to put some food on their children’s plates. In fact the lack of any attention in the Budget to women and the unemployed and depressed communities is particularly striking.

The major beneficiaries of the capital expenditure are a handful of contractors and suppliers many of whom provide extremely shoddy goods and services including construction of roads, bridges and the Conservancy and many of whom are themselves that group of self-employed that even the Guyana Revenue Authority complain so bitterly about. In fact by their performance and conduct they have raised the question whether the shift in the policy of contracting out ought not now to be revisited. With the margins by some contractors and suppliers being as high as 50%, the country will save tens of billions from having the work done by the government.

Many will consider this too radical but with the substantial savings it would be possible to employ better staff and pay better wages, reduce the level of corruption and still provide a better quality of work than is now obtained from some of our contractors.

Conclusion

When Dr. Ashni Singh was appointed as Minister of Finance there was hope that the quality of budgeting, accounting and financial controls in the government would be improved and that the country would start receiving value for money. That hope has receded and it is now questionable whether he has the courage or the scope to change significantly the system of weak controls and largely tax-and-spend policy he has inherited, even if he was so inclined.

The way a government seeks to tax its people and how it spends the billions so derived best reflect its values, interests and policies.

It is clear that what we have had for close to two decades is a mindset that embraces IMF-style traditional growth rather than pro-poor policies, and which in practice is compromised by poor economic management and equally poor governance.

What would be very useful is for the opposition political parties or economists to come up with a new set of policies and build an alternative budget to reflect those policies.

Spending those billions

Introduction

In detailing the government’s capital expenditure budget of $43 billion in 2008 the Budget Speech gave a troubling indication of how vast sums are expended year after year with scarce regard for basic principles of economic and financial investment decisions. Capital expenditure is distinguished from recurrent expenditure which includes the normal operating annual expenses such as wages and salaries and maintenance of roads, bridges and buildings while capital expenditure would include the cost of constructing those roads, bridges and buildings. By principle, convention and practice, capital expenditure is expenditure the benefit of which accrues to one or more future periods while recurrent or operating expenditure is consumed in and benefits one period only.

Of the budgeted expenditure of $119 billion dollars announced by the Minister of Finance in his 2008 Budget Speech, capital expenditure accounts for $40.9 billion, roughly US$205 million dollars. This compares with a budget of $37 billion in 2007 which was overspent by some $6 billion, in commenting on which the Minister indicated that this was a 21% increase in the public sector investment programme.

Individuals, companies and governments invest in capital expenditure for many reasons including enhancing their earning capacity by expanding the income potential or reducing expenditure.

Capital expenditure and growth

The table below shows the capital expenditure and growth in the economy for the past five years. During that period, the government spent close to G$160 billion or US$800M in capital expenditure while the economy has on a simple average grown by 1.54% per annum – a poor return on investment by any measure. Why with all the investment expenditure by government (and we must not ignore recurrent expenses like wages and salaries which by putting money into consumers’ hands should also stimulate economic growth) has growth been so anaemic? The explanation is not straightforward but with a rational approach by the decision-makers in selecting investments there would certainly be a better chance of higher economic growth.

Capital Expenditure for past five years and budget 2008:

Year 2008 2007 2006 2005 2004 2003
Capital expenditure ($Mn) 40,853.8 42,892.5 41,806.4 35,143.2 22,416.7 17,292.5
Real Growth in GDP 4.8% 5.4% 5.1% -3.0% 1.6% -0.6%

Source: Budget Speeches

The drivers of government capital expenditure may be obvious in certain cases such as the expenditure on sea-defences or to mitigate the consequences of natural disaster. In other cases the decision may be made entirely on social considerations such as whether an area should have a supply of electricity or water. These still, however, leave a considerable amount of capital expenditure which do not fall in such categories and should therefore be subject to more careful analysis. And even with respect to social expenditure not generally considered susceptible to the economist’s or accountant’s return on investment criteria, and using electricity to a hinterland community as an example, the issue is not whether the community should have electricity but what is best of a range of options to provide that service. The decision-maker would have to consider whether it is better to build a generating plant and transmission and distribution system requiring on-going fuel, maintenance and technical support which would be difficult to deliver to those communities or to encourage the use of solar power by fiscal initiatives and financial support to householders to enable them to make their own arrangements?

A dollar is a dollar

Of recent investments, only the Berbice Bridge and to a lesser extent the Guysuco Skeldon Modernisation Project were subject to any independent analysis. We all recall the process that preceded the final decision on the Berbice Bridge, the studies and analyses that were conducted and the debate generated for and against the investment. It may be argued that this was because that is largely privately funded which is not entirely correct since the government had to invest heavily in related infrastructure necessary to support the Bridge investment.

Now if such a process was necessary for the Bridge how come it does not apply to fully publicly-funded expenditure or the decision, literally out of the blue, to spend over one hundred million dollars mainly to build two airstrips on the islands of Essequibo and Wakenaam? A dollar is a dollar and public investment in the final analysis comes from the people of the country. Taxpayers’ money is no less important than shareholders’ money and therefore warrants the same level of care in how it is spent.

I do not recall any Minister of Finance of the PPP-C Finance Ministers, including the incumbent ever giving an indication of any criteria for investment decisions undertaken let alone any rigorous analysis of specific investment. Indeed so often the nation is treated to expenditure decisions being taken literally on the road. This is dangerously improper from a governance perspective and irresponsible and unprofessional from a capital investment decision perspective. Under the Constitution only Parliament has the authority to approve expenditure and a responsible Finance Minister would surely want to justify any request he takes to Parliament for money for capital expenditure. Just think of the crisis we would be in if after the unbudgeted expenditure of substantial sums by the executive, the Parliament voted against any request for supplementary funds.

Cost-added rather than value-added expenditure

The decision to host the World Cup brought with it a commitment to provide hotel rooms which in one particular case were partly financed by a loan to the investor, the payback of which is now being financed by using the very rooms which may not have been chosen had we not made an irrational decision in the first place. The 2008 Budget includes $300 million for CARIFESTA-related expenditure, a decision that was largely made without any regard for cost implications. Given the tendency and history of overspending there is no guarantee that we will not repeat our questionable experience of instead of having value-added expenditure having cost-added expenditure.

The other side of VAT

VAT has been more than a fortuitous break for the government in 2007, not only allowing it to spend far more than Parliament had approved in the 2007 Budget but to absorb significant declines in the performance of public enterprises. From a surplus of $3.4 billion in 2006, those enterprises declined to a deficit of $415 million, mainly from Guysuco which had a decline of $2.7 billion and GPL, $802 million. Interestingly while both corporations had the same chairman, he was removed from the corporation which performed relatively better and from all appearances for reasons unrelated to financial performance.

In fact those very corporations received substantial capital injections in 2007 during which $3 billion dollars was put into GPL for improvement in the unserved and underserved areas while Guysuco received $863 million for its Skeldon Power Plant and $2.9 billion to accelerate completion of the factory, preparations of land to facilitate mechanical harvesting and infrastructure to support and promote private cane farming.

A new Justice Improvement Programme involving US$10.2 million began with the setting up of a Justice Sector Reform Steering Committee and the setting up of a Secretariat. But what about the truly fundamental changes that require not large sums but decisions such as the setting up of the Law Reform Commission to update the laws last done in 1973 or the introduction of new Rules of Court which have been in circulation for years now. New Rules were introduced for the Commercial Court with considerable success, and revised Rules for the other courts have been in circulation for several years. These new Rules embody what is called Case Management and introduce court-driven processes replacing the current system which in practice is largely directed by the lawyers, their time-wasting practices and endless demands for adjournments. As this column has pointed out before Guyana is the only CARICOM country not to have adopted the new Rules.

Next week we look at some of the other capital expenditure in 2007 and those proposed for 2008.