Posts Tagged ‘Budget’

Not a watershed budget for the poorer person

Sunday, March 31st, 2013

As Guyanese analyse the Budget for 2013 it is useful to compare some of the numbers with how they are presented and received. There is no group which has welcomed the Budget more than the Private Sector Commission, one representative describing it as our (PSC) budget.

Let us take the apparently straightforward example of the reduction in the rate of personal income tax from 33⅓% to 30%. Readers will note that not only do individuals not have the benefit like dependents allowances while companies are allowed to deduct almost all their expenses, but the individual is still paying the same or higher rate of tax than non-commercial companies do, that is 30%.

If we exclude the personal allowance of $50,000 per month an individual’s nominal and actual tax rate is the same: 30%. Compare this with say GBTI whose nominal corporate tax rate is 40% but which enjoys a host of tax shelters. Its effective corporate tax rate for 2011 is 26.82%. Shareholders of GBTI pay no tax on dividends while its employees pay 30%. Even if we say that the company and the shareholder are the same – which it clearly is not – the shareholders’ tax rate is 26.82%. That is inequitable.

But let us get back to the benefits of the reduction in the rate of income tax and the increase in the rate of NIS, both of which impact on take home pay, or as the PSC says, spending power. In dollar terms, for each $10,000 earned by the worker the tax saving is $333. It means this: the worker who was earning $50,000 per month at December 31, 2012 gets nothing out of the budget; one who earned $60,000 per month takes home $333; one who earned $80,000 takes home $680 more, etc. The earliest point at which the increased take home pay exceeds $10,000 per month is for employees earning $380,000.

Note that I have not taken the projected inflation of 3.5% for 2013 into account. If that is done the income level at which there will be a net saving is for employees earning $296,000 per month. All persons earning below that income per month will actually be worse off.

The PSC is right: this is a watershed budget – but not for the poorer person.

Budget 2013 – Get ready to rumble

Sunday, March 17th, 2013

Introduction
I take these words not from Dr. Roger Luncheon who used it around the time of the Agricola protests but from the American boxing announcer who trademarked it. There are eight working days to go to the constitutional deadline of “before or within ninety days after the commencement of the year” for the presentation of the national budget. With the practice being a prior announcement and none having yet been done, tomorrow Monday can be ruled out. That leaves seven days. The practice too has been to present the budget on a Monday or a Friday. That leaves Friday 22 and Monday 25 since Friday 29 is another public holiday. And here is where it gets a tad tricky: of the six budgets presented by Dr. Ashni Singh as Minister of Finance, three were presented on a Monday and three on a Friday. So take your pick.

My bet is that B-day will be Monday 25 to allow the government’s propaganda machinery to move into high gear, with Shadow Finance Minister Carl Greenidge being the prime target. Some of the propaganda was on display a couple nights ago on Jagdeo’s surrogate television station whose owner and friend Dr. Bobby Ramroop was granted practically universal coverage to broadcast television and or radio in Guyana in a move in what many hoped were the dying days of the Jagdeo presidency.

“Cynical”, “crude”, “vulgar”, “obscene” are too mild terms to describe Jagdeo’s action in a demonstration of abuse of office that required only a perverse mind to conceive. If there is one single incident of dozens that make it vital that the Constitution be amended to rid Guyana of the curse of the executive presidency, then Jagdeo’s action on sharing out the airwaves mainly to his friends and party supporters must surely be the straw. But back to the budget.

Missed opportunities
The 2012 budget was historic not only for its size. The stage for the battle over the 2012 budget was set on November 28, 2011 when the voters of the country placed control of the National Assembly in the hands of the opposition. This was too much for the PPP/C which had become accustomed to ruling, bullying, buying, penalizing, harassing and intimidating those not prepared to tow its line. Once again there was not even a charade of consultation envisaged in the directive principles as well as the fundamental rights enshrined in the Guyana constitution. With the wind in its sail, it was a chance for a united, reinvigorated opposition to assert its authority over public expenditure in Guyana.

On the last day permitted under the Constitution, the Minister of Finance presented his 2012 Budget with the theme “Remaining on Course, United in Purpose, Prosperity for All”, calling for expenditure of $193Bn, or 25% above 2011 spending. The budget included the sum of $4Bn for GuySuCo and $6Bn for Guyana Power & Light Inc., both state entities. While the opposition seemed to have had some idea of what it wanted, the leadership appeared confused on a clear and united strategy to challenge the Budget. After some initial differences between the AFC and the APNU whose leadership appeared to have sided with the Government on the contentious issue of the electricity tariffs in Linden, the parliamentary opposition settled down to addressing the expenditure side of the budget. Of course those initial differences caused a number of missed opportunities for stamping fiscal discipline on the entire project and process.

Cut
The Estimates of the Public Sector for the year 2012 were tabled as Bill No. 3 of 2012: Appropriation Bill 2012 with current and capital expenditure totaling $103.9Bn and $75.8Bn respectively. Of the dozens of budget agencies including known abusers of the public purse, only four were subject to any cuts, among which was GECOM for which the expenditure proposal was clearly excessive. And the real significant cut was to the budget of the Ministry of Finance in respect of expenditure out of LCDS funds which the Minister projected would be received. In many ways therefore the cuts were more symbolic than real. Principally they targeted NCN and the Office of the President where PPP/C politicians, long past their sell-by dates were put on the payroll to be paid by taxpayers, often at higher salaries and the same perks they previously enjoyed.

The cuts were reflected in Act No. 3 of 2012: Appropriation Act 2012 which was passed by the National Assembly on 26 April 2012 with current and capital expenditure totaling $101.7Bn and $57.0Bn respectively after cuts in five account lines:

2013.03.17_Table1

Enter the courts
However, after the revised budget was approved without dissent by the entire National Assembly the Attorney General Anil Nandlall in his wisdom advised the Government to go to the court and challenge the power of the parliament – including the President – to cut the budget. The AG went to the courts for several orders for the restoration of the amounts cuts by the National Assembly, all of which were refused, except for the sum of $99,000,000 for the Ethnic Relations Commission (ERC). The reason for restoring the amount for the ERC was that the ERC is a constitutional body subject to a direct charge on the Consolidated Fund. Accordingly, its budget allocation was not subject to a vote of the National Assembly.

For the other heads, the Chief Justice (ag) rejected the application of the Attorney General and denied the Minister of Finance the “liberty” to make advances/withdrawals from the Consolidated Fund to restore the $21 billion 2012 budget cuts. Opportunistically the government chose to misrepresent and possibly violate the ruling by the Chief Justice which was described in his written decision as being in its “preliminary stage” and that “the views expressed at this juncture are not final.” Unfortunately the lawyers for the Speaker Mr. Raphael Trotman and Mr. David Granger, the Leader of the Opposition who along with Dr. Ashni Singh were the defendants in the matter never pursued the case to finality. Mr. Nandlall and Drs. Singh and Luncheon did not allow this simple fact to get in the way of their story that the cuts were unconstitutional. There was simply no ruling except in respect of the ERC. I have no doubt that we will see a reprise of the battle over the 2013 budget.

Dr. Singh v Greenidge
But there is a larger and more practical point. From the following exchange between the Minister of Finance and his counterpart on the opposition benches, it appears that consistent with their belief, contrived or otherwise, the government found ways to restore the cuts as necessary, some by way of the parliamentary route and others from sources unknown. After all the government has so many public funds around the place which are subject to no oversight, that finding money is not a problem. Apart from what are in effect slush funds there is always NICIL and the GGMC to help when called upon.

Here is that exchange between Mr. Greenidge and Dr. Singh:

TENTH PARLIAMENT OF GUYANA – FIRST SESSION (2012)
NATIONAL ASSEMBLY – NOTICE PAPER No. 115 – Q. 66 Opp. 65

RESTORATION OF THE SUMS DELETED FROM 2012 BUDGET

QUESTION by Mr. Carl Greenidge, M.P.

Would the Hon. Minister of Finance say whether monies cut from the Budget and not approval (sic) by this House have been restored to the Ministries? If so,

What categories and sums have been involved?

What is the legal basis for such payments?

What advice was provided on this matter by the Attorney General?

What section of the Chief Justice’s report/decision suggests that either the Chief Justice or the Ministry of Finance can restore cuts to the budget or that the Chief Justice can authorize the Ministry of Finance to make advances from the Consolidated Fund?

ANSWER – The Minister of Finance

Where the sums approved by the National Assembly under the Appropriation Act 2012 were found to be inadequate to meet the services of Government, supplementary financing was resorted to in accordance with the law.

The categories and sums involved have already been reported to the National Assembly in successive Financial Papers.

The Constitution and the Fiscal Management and Accountability Act 2003.

The Attorney General confirmed in advance the appropriateness of the course of action adopted, which course of action was also approved by the Cabinet.

The Chief Justice made several relevant references to the Constitution.

Conclusion
There have been no substantial consultations on the 2013 budget nor have the political parties drawn any lines in the sand. Guyana is hardly any better off now than one year ago. Surely the budget is the occasion to get agreement on some vital requirements for governance. There should be no delay in appointing the Public Procurement Commission; in appointing and Ombudsman; in appointing a Chancellor and a Chief Justice; in establishing the Integrity Commission; in introducing anti-corruption legislation; in bringing the Judicial Review Act and the Access to Information Act into into effect; in reforming NCN and the Chronicle; holding local government elections; dealing with tax reform; and in activating the Constitutional Reform Commission.

The Budget cannot be divorced from these important elements in how the country is managed. Let us fix them now.

Contrary to Singh, Nandlall and Luncheon’s statements Chief Justice’s decision was not final in the Budget cuts case

Friday, October 5th, 2012

The Attorney General, the Minister of Finance and the Head of the Presidential Secretariat have been busy distorting the decision in the Budget cuts case to mislead the public. They appear to use their flawed interpretation as the basis for continuing payments to party comrades like Mr Reepu Daman Persaud, Ms Gail Teixeira and Mr Kwame McCoy, in violation of a vote by the National Assembly.

On the day Mr Ian Chang, Chief Justice (ag) delivered, to use his own words, “his views,” the Attorney General Mr Anil Nandlall went from the court, via the Office of the President, to NCN to shout victory.

And in the 2012 mid-year report Finance Minister Dr Ashni Singh presented recently, he said that “The [National] Assembly was later deemed by the Courts of Guyana to have acted outside its constitutional remit in inflicting those cuts to the budget.”
Not to be left out, Dr Luncheon was quoted in the press on September 7, 2012 as saying that “the $1 that was approved by the opposition for the various agencies was totally inconsistent with the constitutional provision as ruled by the Chief Justice.”

Let us turn to the Chief Justice’s decision. He rejected the application of the Attorney General and denied the Minister of Finance the “liberty” to make advances/ withdrawals from the Consolidated Fund to restore the $21 billion 2012 budget cuts, except for the sum of $99,000,000 for the ERC. The reason for restoring the amount for the ERC, according to the Chief Justice, is that it is a constitutional body subject to a direct charge on the Consolidated Fund. Accordingly, its budget allocation was not subject to a vote of the National Assembly.

And let us be reminded that the Chief Justice concluded his decision with the words that the matter brought by Mr Nandlall is in its “preliminary stage” and that “the views expressed at this juncture are not final.” The misinterpretation suggests that the three do not have any regard for the truth, respect for the court, or deference for the National Assembly, the only body with the power over the spending of public funds. We may be tempted to discount Mr Nandlall and Dr Luncheon as ineffective political spinners. Not so Dr Singh. He controls the public purse of Guyana and the records show that he has not been unwilling to play around with the Contingencies Fund and the dormant bank accounts to the tune of billions of dollars.

So when Dr Luncheon announces in last month that “no one lost their jobs” and that “Contingency funds were approved and funds made available belatedly but still available to meet the wages and salaries of the contract workers [at OP].” it is time to get worried. Because, if that is so, the Minister of Finance is in violation of not one but two Acts – his own amended 2012 Budget Act and the Fiscal Management and Account-ability Act, under the pretext of a misrepresentation of the court’s decision.

The question now is whether, after a prolonged break, the political opposition can muster the capacity and the courage to confront with all the powers at their disposal, the continuing lawless manner in which the country’s public funds have been mismanaged and misspent by Dr Singh, assured of a pliant and ineffective Audit Office.

Mid-Year 2012 Report shows mixed performance

Sunday, September 30th, 2012

Introduction
In the introduction to last week’s Business Page I pointed out that it was refreshing that the mid-year report was not only prepared within the statutory deadline but that the report was actually made public even before it was laid in the National Assembly which is presided over by the Speaker. That was certainly one step forward. Just one week later the Auditor General presented to the Speaker of the National Assembly the audit report for 2011within the statutory deadline. This was the first time that this was done under Mr Deodat Sharma as the Head of the Audit Office. And guess what the Speaker does? He not only drew comparison with what last took place twenty-one years ago, but then goes on to confuse his specially assembled audience over the timing of the submission of reports since that date. And to add vinegar, he announced that the report will be locked away until the National Assembly resumes from its prolonged recess. That certainly is not a forward step.

Last week as we reviewed the sectoral performance of the economy we saw the up-and-down performance of its major sectors even as it recorded overall growth. We also looked at the values of imports and imports and the change in the consumer price index which is popularly referred to as the inflation rate. Today we turn attention to other segments of the report and begin with revenues.

Revenues
Central government revenue for the first half of 2012 amounted to $64.9 billion. While representing only 44% of the budgeted revenue for the year, the collections represented a 5.5 % increase over first half 2011, primarily as a result of improved performance across several tax revenue categories. Tax revenue collections for the period amounted to $58.6 billion representing 90.4% of total current revenue collections or 2.9% over 2011.

Internal revenue collections for the half-year amounted to $25.9 billion compared to $26.5 billion in 2011, a decline of 2.3%, as a result of contractions of $582.2 million and $146.6 million in private and public sector corporation taxes respectively. The Minister attributed this decline to lower company tax rates, a bit of a stretch since tax rates were reduced not in 2012 but in 2011, and tax payments to June 30, 2011 would have taken the reduced rates into account last year.

A more realistic explanation lay in withholding tax collections which decreased by $624.8 million compared to first half 2011 due to arrears in dividend payments made in 2011 by a local company to its overseas parent company.

Customs and trade tax collections totalled $5.7 billion for the first half, representing a 19.6% or $930.9 million increase over 2011 half-year collections. The minister attributed this to a $900.6 million increase from import duties due to higher level of imports of most categories of goods particularly intermediate goods. Excise tax collections for the period amounted to $11 billion, a slight fall from 2011. Excise tax collections from motor vehicles amounted to $5.2 billion, an increase of $1.5 billion reflecting higher levels of vehicle imports.

Collections of value added tax (VAT) for the half-year amounted to $16.1 billion, an increase of $1.4 billion. VAT on imports of goods and services accounting for $611.7 million of the increase while VAT on domestic supplies increased by $831.1 million. Value-added tax for the full year was budgeted at $33.968 billion.

Tax evasion
Taxes collected from the self-employed amounted to a mere $1.8 billion to the revenues, compared to $1.5 billion for same period in 2011. As a percentage of tax revenues the self-employed – who dominate the professions, agriculture, fishing, car dealers, goldsmiths, artisans, contractors and most of the main shopping areas in all three counties – contribute less than 2.6% of the tax revenues of the country.

We have heard nothing recently of the so-called tax review committee announced by President Ramotar almost ten months ago, a delay that perpetuates a lop-sided, regressive tax-system in which the self-employed continue to treat taxation as a voluntary matter rather than be treated as the criminals that they are.

No Minister of Finance since 1992 has treated tax evasion seriously but all, including Dr Ashni Singh and his appointed Board of the Guyana Revenue Authority, continue to ignore the glaring statistics that show how serious and damaging the situation has become. Imports by the self-employed continue to rise by double digits, with bank deposits and import taxes not far behind. Yet the taxes the self employed merchants including our newest friends and the rest of the self-employed sector pay, move up only imperceptibly.

With all the inherent problems the GRA faces, it is quite remarkable that the taxes collected by it continue to rise. Whatever we may think of the nature of the tax system and the systemic corruption in some segments of the GRA, those of us who have to deal with the Authority on a day-to-day basis cannot help but admire – and feel a bit sorry for – the many hardworking staff who have to deal with a taxation public made up of so many groups of prominent tax evaders and money launderers.

Missing GRIF and other monies
In paragraph 3.34 of the mid-year report the Minister states that “based on developments in the first half of the year, total current revenue collections (net of GRIF inflows) are now estimated at $128.7 billion for the full year.” A review of Appendix E1 shows that while the sum of $18.4 billion was budgeted to be received, that amount has now been revised downwards to $1.975 billion. Since the Norwegian funds accounted for 15% of budgeted revenue for this year and since many of the LCDS projects were framed around the Norway funds, it was reasonable to expect that the Minister would say something of substance about the status of those funds.

Absent from revenue projections too are monies from the Lottery and the proceeds from the disposal of state assets by NICIL for sundry purposes.

Current expenditure
On the expenditure side total non-interest current expenditure to June 2012 amounted to $43.8 billion, an increase of 14.3% over the same period in 2011. This sum represents 41% of the budgeted expenditure for 2012.

The several types of expenditure where there were increases in 2012 over 2011 included statutory pensions and gratuities which had a 38% increase (no explanation offered); total other charges which increased by 11%; and subsidies and contributions to local organisations – mainly Guyana Power and Light Inc – which increased from $5.8 billion in half-year 2011 to $10.3 billion (77.6%) in the corresponding period in 2012. Old Age Pensions and Social Assistance payments in 2012 amounted to $2.4 billion compared with $1.98 billion in the corresponding half year in 2011.

While the late presentation and passing of the 2012 budget may have been responsible for a number of categories of expenditure to be lower than those for 2011, their greater significance lay in the percentages which the half-year 2012 expenditure bear to the full-year budget. Not unusually, the entire amount of $$3.7 billion for revision of wages and salaries remains unspent.

If we look further at the item Other Charges, which includes several categories of expenditure, we note that only $26.3 billion was spent up to June 30, representing 37% of what is projected for the full year. Principal among the items which had disproportionate spending in the first half of 2012 are expenditure on Materials and Supplies which represents 34% of full year projections; Rental and Maintenance of buildings18.7%; Maintenance of Infrastructure 14.5%; Transport, Travel and postage 34.3%; Utility charges 32.8%; Other Goods and Services 33.9%; Other Operational Expenses 30.1%; Education Subvention and Training 38.8%; Rates and Taxes and Subventions to Local Authorities 3.9%; and Pensions 42.5%.

The situation is no different with the capital expenditure side of the accounts.

Sectoral Capital Expenditure
What we may see and need to fear is that there will be a mad rush to spend in the second half of the year with continued negative consequences for quality and value for money as well as controls over public expenditure.

Source: Mid-Year Report 2012

Deficit and debt
The overall deficit before grants is projected at $43.5 billion, almost certainly the largest budget deficit in the country’s history, measured by absolute amount as well as a percentage of revenue. Even after projected grants of $16.8 billion, the country will need financing of $26.6 billion which will have to come from borrowings. By June 2012, the external debt had increased to US$1.3 billion, 7.6% more than the amounts owing at December 31, 2011. During the first half of 2012, external debt service totalled US$20.4 million, an increase of 10.8% compared to the same period in 2011.By December 31, 2012 the combined external and domestic debt stock will exceed the psychological US$2 billion threshold.

Conclusion
It is evident that the economy’s growth rate in 2012 was lower than in 2011. But perhaps because the Minister had projected for lower real growth in full year 2012, he concluded his report with some reassurance, if not confidence, that the performance of the first half of the year “augurs well for the remainder of the year.”

But acknowledging the events in Linden, his final words were directed not at his colleagues in his government or his ministry to implore them to exercise greater and better management, but at all national stakeholders to “ensure the preservation of the environment that is so critical for a continuation of this favourable performance, not just for the remainder of the year but into the medium term.”

Mr Ramnarine was exercising a right and duty under Article 32 of the Constitution

Monday, March 26th, 2012

There has been a call from high-up for the disciplining of senior police officer David Ramnarine for exposing certain practices in the Guyana Police Force, and for claiming that his constitutional rights trump the Force Orders. The practice he identified was in connection with the payment of $90 million from Contingencies Fund to feed the Police over the November 28 elections period. On the question of the constitution, Mr. Ramnarine was in fact not only exercising a right but rather carrying out a duty which Article 32 of the Constitution imposes on every citizen. And as just about everyone by now knows, the Constitution is the supreme law of Guyana and not even the Parliament can make a law that is in conflict with it.

I cannot see then how some Force Order purporting to restrict a right could abridge a duty imposed by the Constitution. I would therefore like to receive from the Minister of Home Affairs an informed opinion on which instrument – the Constitution or the Force Orders, or which interest – secrecy of the Police Welfare Fund or the protection of public property – his Government considers paramount.

For, as Article 32 states: “It is the joint duty of the State, the society and every citizen (emphasis mine) to combat and prevent crime and other violations of the law and to take care of and protect public property.”

The country is fortunate and grateful that circumstances forced the lone Mr. Ramnarine to exercise his constitutional duty under Article 32. It is frightening to reflect on the several others in the Police Force, some more and others less senior to him, the GDF, the ministries and departments, and the hundreds of thousands of Guyanese who daily fail in their Article 32 duty.

Whether by accident or intent, Article 32 is a Whistleblowers protection in the public service. I would like to see some enabling legislation aimed at giving effect to Article 32, and to wrong-doings in the private sector as well.

I draw attention also to a further development from the same issue. In the process of his revelation, Mr. Ramnarine implicitly exposed a weakness in the State audits to which I have been drawing public attention: that a bare statement in the Audit Report that drawings from the Contingencies Fund did not meet the criteria set out under the Fiscal Management and Accountability Act was not enough. The Audit Office needs to go further and by a scientific sample, audit Contingencies Fund transactions for accuracy, authority, authenticity and completeness from what auditors call cradle to grave: in this case from the issue of the drawing right by the Minister of Finance to his timely request to the National Assembly for replenishment. The Minister of Finance has only up to the next sitting of the Assembly to seek approval.

I have noticed that the Auditor General (ag.), against a background of public concerns, has announced a special investigation into the $90 million fiasco. I should remind him that Dr. Ashni Singh’s Supplementary Appropriation for expenditure during the parliamentary break involved $5.7 Billion, of which $2.4 Billion was judgmental. I doubt that the public and the parliamentary opposition will be satisfied with another limited scope, incomplete and therefore inadequate exercise.