The 2008 Auditor General Report: No change – part 4

Introduction
During the past week I received an irate call from the treasurer of the Guyana Relief Council complaining that the statement in the 2008 Report of the Audit Office misrepresented the status of the audits of the GRC. The treasurer pointed out that the Auditor General has long since ceased being the auditor of the GRC and that the entity’s audit is done by a private auditor. While auditors are human and make mistakes from time to time, that the Audit Office had not contacted the entity over a period of several years to enquire about their audit, is a serious indictment both of that Office’s procedures as well as its quality control system. A simple letter was all that was required.

I am not at all surprised because as this series has revealed not only does the Audit Office not have the numbers and quality of staff to carry out its mandate, but the resources which it does have are used most inefficiently and are sometimes famously misdirected. It is therefore unable to achieve the mandate set out in the Audit Act, despite all the IDB and other money invested in it over the years. The important has given way to form, with an obsession over designations and positions and the operation of bicycle level auditing in a Cadillac environment of receipts and expenditure, complex organisational arrangements and technological innovations.

Audit risks
Whether in the private sector or the public sector auditing is about risk – risks associated with the budgetary accounting or financial rules, risks related to the control and use of resources, risks concerned with the delegation and segregation of duties, risks of internal and external fraud, systemic risks, compliance risks etc.

The problem for us is not only that all these risks – and more – exist in the public sector, but that there appears absolutely no interest in introducing better controls over public moneys in budget agencies and in strengthening the Audit Office. Just imagine the billions that pass through some of the Ministries or Departments often handled by improperly trained staff, with no internal audit and some fairly archaic systems of controls. If we could save just 5% of the national budget through better controls, we would be saving $7 billion in 2010!

Instead we are misled to believe that things are just fine, that we have the most modern procurement act in the region, that we have annual audits, and that there is no cause to worry. In a private sector company, the weaknesses that are identified by the auditor would run to several pages. In the public sector, the identified weaknesses and errors in some ministries and departments run to no more than a couple of paragraphs.

Clearly, some thing must be wrong and the Public Accounts Committee should have recognised this years ago. The public and the taxpayers are being shortchanged while the watchdog is uninterested or emasculated. Billions are being spent on e-government while the Audit Office cries out for resources. Scholarships are awarded in a wide range of fields but the Audit Office remains dangerously short of professional staff. And things are getting worse.

New approach required
That level of incompetence in the proper sense of the word also allows for a fair amount of absurdities. Take for example the statement made in 2008 at a press conference by the President who said in relation to the Lotto funds: “What happens now, I think, is that they transfer a part of it to the Consolidated Fund. If there is a $50 million project, the sum required is transferred to the Consolidated Fund,” he said. He knows that that is not what happens. It was he who negotiated with the Audit Office – in complete disregard of the Constitution – that the moneys received during each year would first be placed in a special bank account and only the unspent portion would be transferred to the Consolidated Fund.

As government accounting becomes more decentralised, as the sums involved increase substantially, and as the public service comes more under political control, a new approach needs to be taken to audits in the public sector. The culture of self-help in the public sector, the empirical and anecdotal information on frauds and embezzlements, and the complex arrangements that are often necessary in particular cases, make the traditional approach to audits entirely inappropriate. There is a clear, compelling and urgent need for the introduction of strong internal audits in each ministry and department to support the external auditors who often hardly have the resources to make more than fleeting annual visits.

Assuming it is allowed to function properly, an internal audit unit can bring substantial savings, enhance efficiency and improve service delivery that no amount of Value-For-Money audit can produce. Unfortunately such a view would be considered too revolutionary for Guyana where weak systems and procedures are the order of the day.

How the government thinks
The official government line is best gauged from a document known as a Treasury Memorandum, prepared by the Finance Secretary in the Ministry of Finance, addressed to the National Assembly and setting out the comments and action that the Government intends to take in response to the report prepared by the Public Accounts Committee following its review of the report of the Audit Office. The last two such Memoranda were dated April 26, 2006 and November 7, 2008 in respect of the years 2000 and 2001, and 2002 and 2003 respectively. These are not encouraging. They indicate that very little effort is placed in the preparation of the memorandum, reflect a cynical interest in improving public sector financial management, demonstrate that the author seems to know little about a key financial law, and evidence a contempt for the National Assembly.

But then the Finance Secretary Mr. Neermal Rekha probably takes his cue from President Jagdeo who in 2008 “tasked the Minister of Finance Dr Ashni Singh to explain to the media how to interpret the Auditor General’s report on government accounts, saying that there is a great deal of illiteracy in the treatment of financial matters.” (Stabroek News August 25, 2008). As President Jagdeo went on to demonstrate his understanding of critical issues relating to the misuse of the Contingencies Fund and the Lotto Funds it was obvious that his statement about illiteracy extended beyond and above the media or the public and that he was either misleading the public or himself did not understand the report.

Cut and paste
A comparison of the two memoranda will indicate the extent of the cut and paste done and the serious deficiencies which they contain. That kind of evidence and the fact that neither the Public Accounts Committee nor the National Assembly has publicly commented on them offers little hope of improving public accountability in Guyana any time soon. Let me give some examples.

Paragraphs 15 of the 2006 memorandum and 17 of the 2008 memorandum are identical in every word. They say that the Financial Management and Accountability Act (FMAA) has been superseded by the Fiscal Management and Accountability Act 2003. That statement is only partly true. The FMAA has not been repealed in its entirety. It still requires for example that any remission of any taxes be authorised by some Act of the National Assembly. That provision makes unlawful the waiver of fees and licences offered by the President to yellow cabs, clearly indicating and implicating a collusion of ignorance.

The same paragraph assures the National Assembly that “with the introduction of the Integrated Financial Accounting and Management System (IFMAS), the Accountant General would be in a better position to access information from that system in order to prepare and make his consolidated submissions to the Auditor General within the specified time frame.” We noted earlier in this series that some of the accounts were in such a state that they were unauditable and as is well known, the accounts and the report by the Audit Office are routinely late. What is less well known is that no financial reports of other accounts approved by the Minister of Finance as required by section 73 of the Fiscal Management and Accountability Act are ever presented for audit. It seems too that section 69 of the Act is not complied with in its entirety and the debts of “other levels of Government and Public Enterprises” are similarly not presented and audited.

Diversionary tactics
In terms of delays, the Finance Secretary demonstrates remarkable confidence and even contempt for the National Assembly when he blames the Public Accounts Committee for being responsible for the longest delay in the accountability cycle owing to the length of time it takes to deliberate on each year’s public accounts. That does not of course mean that the PAC is not terribly inefficient and ineffective or that the national assembly itself takes sufficient interest in the report of how the billions it allocates annually are spent. Instead, whenever the report is presented there is a photo-op, some banal statement about VFM, and how accountability has improved since 1992!

On the issue of the Contingencies Fund the 2006 memorandum described the abuses referred to in the audit report as “perceived” but undertook that “recourse to the Contingencies Fund, outside of an unforeseen circumstance, will be obviated with strengthened public financial management, including improved planning and budgeting, earlier presentation of the national budget, stricter monitoring and control, and constant review and evaluation of projects and programmes.”

Arrogance comes to the fore in the 2008 memorandum responding to persistent concerns of violations of the Fund, supported by clear and itemized examples of breaches. The Finance Secretary dismisses these, stating that “every advance is brought to the National Assembly by way of a supplementary financial paper and is therefore subject to full parliamentary scrutiny”. Somebody either does not understand or does not want to understand. The concern of the Audit Office is that the payment does not meet the eligibility criteria of being unforeseen, urgent and unavoidable and that any delay would harm the public interest. It is not about whether or not the advance comes before the National Assembly for clearance.

The Lotto Funds
The same kind of cleverness is evident with the money received from the Lotto Company. It is now public knowledge that the issue is the breach of the Constitution which requires all receipt of public moneys to be placed in the Consolidated Fund and expenditure therefrom approved by the National Assembly. Instead the money is placed in a separate unlawful bank account and used by the President to make payments.

Instead of addressing the issue of the breaches of the Constitution and the law, the Finance Secretary not too subtly avoids them, but simply tells us “as the Government had indicated previously, that all sums deposited and withdrawn from that [special] account are properly accounted for.”

That is not the point Mr. Rekha, so please do not treat us as if we are that stupid.

To be continued

The 2008 Auditor General Report: No change – part 3

Introduction
I extend sincere apologies to readers for the unavoidable non-appearance of this column last week. To help you to pick up from where the column left off two weeks ago, let us recap the essential features of the recent reports on the government’s financial statements which have been the focus of this series. Over the past few years the reports have mainly repeated prior years’ problems which continue from year to year. In fact, more than half the issues raised in 2008 were in respect of such occurrences. Another feature is the imbalance in the attention paid to issues of minor importance at the expense of really critical matters.

In the previous instalment we noted how the Audit Office spent more time discussing Gecom and its expired Baygon than was spent on the Office of the President, the Ministry of Finance and the Office of the Prime Minister combined. And reproducing all the minute details of the results of an investigation in Region 4 involving the procurement of such items as Christmas decorations for $160,500 and refreshments for $159,180; and how the Audit Office was diverted from reporting on the 2005 Flood accounts and the 2007 World Cup accounts which are its constitutional duty, to being summoned to address Cricket Board issues which are none of its business.

Exceptions
There are some matters which never seem to attract attention. They include the absence of any proper accounting by the Office of the President of moneys paid to and spent by that Office; the creative accounting for overseas travel because such expenditure comes from disparate sources; the employment of persons in one entity such as the “Letter Writing Unit” who are paid by another entity; the absence of line items for some expenditure such as Cabinet Outreach that is consequently not determinable; and the abuse of the system of contract employees which in many cases account for a huge percentage of the persons on the payroll of ministries and departments. It used to be the case where salaries were a fixed cost based on approved staff establishment. Now it is based on the whims and fancy of those who have political control of the ministries and departments.

The Lotto Funds continue to be abused and no doubt used to finance some of the things being carried out from the Office of the President on behalf of the government. Money will still be readily available to dish out under discretionary programmes such as the President’s Youth Initiative without a paper trail to anyone, including certain favoured sports or to buy support from certain communities. One hopes in vain for the Audit Office as the nation’s watchdog to help it stop the abuses.

More than a contradiction
The Audit Office has simply ignored the goings-on at the pool of new unaccounted funds at the government owned and controlled NICIL. With the Lotto not providing sufficient funds, NICIL is now the vehicle of convenience to do – outside the purview of the Auditor Office – odd jobs of road building, contract awarding and now hotel company incorporator. While the deputy CEO of NICIL Ms Marcia Nadir-Sharma was prepared to assail Robert Badal of Guyana Stockfeeds Ltd about governance at Stockfeeds, she comfortably holds the office of Corporate Secretary of NICIL, a company that does not file an annual return under the Companies Act or has held an annual general meeting for around two decades. These governance and legal abominations are not considered fit for consideration by the Audit Office.

It would be paying a compliment to call the Audit Report a contradiction. It is much worse. Yet, the requirement of the Audit Act for that Office to be audited annually has not been met, a fault that has to be placed at the doorstep of the Public Accounts Committee rather than that of the Audit Office. Nor has the Audit Office ever met its obligation under the Investment Act, 2004 to carry out annually a process audit of the incentives granted by the government under section 2 of the Income Tax (In Aid of Industry) Act and to report on this to the National Assembly within six months after the end of each year. It failed to do so even when information comes to its attention as was the case of the unlawful concessions granted to the Ramroop group by the President’s Cabinet under the same law.

Occasionally some matters of interest arise that force a more than perfunctory effort by the Audit Office. An example was the mystery fire at the Ministry of Health, one of the very bad and serial offenders when it comes to public accountability.

Another is when the Office is forced to take up some issue that had already reached the press, such as the misappropriation of revenue at the GRA in 2008 or the wildlife scam when dolphins and anteaters were exported in 2003 from the now environmentally sensitive and conservation conscious Office of the President. The nature of the sums involved and the frequency may have changed but the parties and the players have not.

Staffing
While the report reflects an elementary level of auditing, there is no urgency to address the serious staff shortage in the Audit Office. Despite a vacancy of close to one hundred, the Office augmented its statutory audit capability by less than a dozen for the entire year, and predicts without any hint of embarrassment that it will have its full complement of staff nearly three years hence. This should be music to the ears of the government which is unlikely to want auditors, no matter how friendly, poring over the expense vouchers for spending abuses that accompany national elections in Guyana.

Latest information is that the only professionally qualified person in the Audit Office is the wife of the Finance Minister while the de jure head of the Audit Office has no capacity or hope of being confirmed in the position. The consequence is that several persons in line cannot be confirmed, and there is widespread frustration and low morale among staff.

Qualification and disclaimer
The consequent low technical standard of work reflected in the report explains why despite the egregious cases of abuse, improper accounting and “unauditability” of major transactions involving the Contingencies Fund and the Consolidated Fund, the report on those funds is a mere qualification rather than an outright denial of an opinion, another word for which is a disclaimer.

In the case of the latter, the auditor is effectively saying that s/he really cannot be sure about these accounts, or that a transaction or group of transactions is of a sufficiently significant value that they bring into question the whole set of accounts.

To put this into perspective, the report actually issues such a disclaimer in respect of the Deposit Fund and the Schedule of Government Guarantees to which it devotes in the body of the report, five and two paragraphs respectively!

On the other hand, the report considers less significant and not warranting a similar report the Consolidated Fund and the Contingencies Fund which it states “continued to be abused.” More than a third ($1.573 billion) of the funds drawn out of the Contingencies Fund in 2008, much of it in breach of the Fiscal Management and Accountability Act, had not been cleared at the end of the year. Very conveniently, the Minister of Finance was able to clear these with a stroke of the parliamentary pen in January 2009. By the time of the 2009 audit these would have been lost in the system.

Guyana Book of Records
And here are some of the identified deficiencies with the Consolidated Fund which did not too excite the authors of the report:

$7.868 billion held in special accounts; $10.980 billion held in the bank accounts of “Other” ministries and departments; forty-two inactive accounts with overdrawn balances of $681 million; and the overdrawing of the old Consolidated Fund bank account by $46.866 billion at December 31, 2008. This is on top of the several amounts not deposited into the Consolidated Fund but unlawfully spent by the Office of the President and NICIL, and the failure to account for US$679,756 (G$140.8 million) disbursed by the UNDP to “various Government agencies.” It is presumed that the UNDP does not care too much whether its money is properly accounted for.

Concerning the Deposit Fund, readers might be interested to know that Audit Office could not establish the accuracy of $1.388 billion shown as deposits held for investments on behalf of the Sugar Industry Labour Welfare Fund, the Sugar Industry Rehabilitation Fund and the Sugar Industry Stabilisation Fund. Now if there are investments there should be income, but the report fails to say anything about the income accruing to these entities. It tells us however that the Welfare Fund was last audited in 1999 while the other two entities were last audited thirty years ago. That would qualify them for entry in the Guyana Book of Records with the National Science Research Council (1982) providing stiff competition! The absurdity goes on. The unnamed head of the responsible Budget Agency tells the Auditor General “that this is information to be disclosed in the entity’s submission to the Public Accounts [sic]” to which the Audit Office recommends that the head of the budget agency “take urgent steps to have these entities bring their accounts up to date.” A conversation between the auditor and his client can hardly become more farcical.

Welfare and pension schemes not being audited
I compared the 2003 report with that of 2008 and noted, among other things, that despite a critical comment in the 2003 report about delays in the audit of some of the entities under the Office of the President (OP), the Guyana Energy Agency, the Institute of Science and Technology and the Guyana Lands and Surveys Commission were only able to conclude one year’s audit in the five years since 2003. Other OP-controlled entities with audits several years in arrears are GINA (2003) and the Integrity Commission and GO-Invest (both 2005).

Other entities with audits several years in arrears include the Sugar Industry and Labour Welfare Fund – presumably not the same as the Sugar Industry Welfare Fund mentioned in connection with the Deposit Fund – 1997; University of Guyana Pension Scheme (1994); Guyana Relief Council (1994); President’s College (2001); and the National Sports Commission (2004) and the National Museum (1996) which come under the Ministry of Culture and Sports.

Page 220 tells us that the last audit completed for the Guyana Post Office (sic) was for 1999, eleven years ago as a result of which it received a disclaimer of an opinion. The Chairman of this entity is the Head of the Ethnic Relations Commission Bishop Juan Edghill.

Next week we will look at how the government has been dealing with issues raised in the audit reports.

The EIU report derived its questions from comparative data published by the Bank of Guyana

The Bank of Guyana and the Ministry of Finance would have had immediate access to the Economic Intelligence Unit (EIU) April 2010 Guyana Country Report. Since these reports are considered mandatory reading for policymakers across the world, it is a reasonable assumption that the Minister of Finance, Dr Ashni Singh and Rajendra Rampersaud of the Bank of Guyana would have read the report some time ago.

If they had concerns with its methodology or contents they kept these quiet. But suddenly, within days of the Stabroek News reporting on the report, the doors of hell are opened wide. Mr Rampersaud pronounces authoritatively on statistics in a letter in Stabroek News of June 28 (‘Empirical data do not support the growth contention by Economist Intelligence Unit’) and Dr Singh on June 26 through GINA abuses everyone about house, mouth and integrity.

For the sake of convenience and brevity, I will respond separately to Mr Rampersaud and Dr Singh.

First Mr Rampersaud:

1. In his haste to respond, he fails to distinguish between Stabroek Business and Business Page or the meaning of “one of only few.”

2. He completely ignores the fact that the EIU’s principal concern is the inexplicable growth in the fourth quarter after negative growth in the first three quarters, and that the report derived its questions from comparative data published by the Bank of Guyana where he works.

3. His claim that production data are difficult to manipulate shows a lack of understanding of assumptions made about the local consumption of rice, the massive under-declaration of gold, and transfer pricing in forestry and bauxite. By implication, however, he is admitting to ease of manipulation in the other sectors that account for an overwhelming share of GDP.

4. Mr Rampersaud fails to mention that the major elements and contributors to GDP derive from sectors that are easy to manipulate – wholesale and retail (13.5%), transportation and storage (7.5%), construction (9.7%) and other services (4.4%) which together account for 35.1% of 2009 GDP. Or that the public sector categories – Public Administration, Education, and Health and Social Services account for 15.2% of GDP.

5. He asserts that agriculture is a key component in real GDP growth. In fact Agriculture is a sub-sector in Agriculture, Forestry and Fishing which as a group contributed 20.9% of GDP at Constant Prices in 2009. If the numbers are disaggregated, he will see that Agriculture contributed 15.0% to GDP, made up by sugar 4.7%, rice 2.7%, Livestock 2.7% and “Other crops” 4.9%. As a policy adviser, he may wish to consider whether the state gets an adequate return from the substantial sums it expends every year on these industries and tell us whether he believes that the Other Crops contribute almost twice as much to Agriculture as rice does.

6. If as he claims the Statistical Bureau is the “official agency charged with dissemination on authentic real sector data in Guyana,” Mr Rampersaud may offer his views on the propriety of the President advertising growth and inflation figures in his end-of-year broadcast, or the inaccessibility of the Stats Bureau to the press, or about the bureau publishing critical data, including those on inflation, only after it has received political clearance.

The 2008 Auditor General Report: No change – part 2

Health Ministry: fire and non-cooperation
In closing last week’s column, I referred to a mystery fire on July 17, 2009 that destroyed the main office buildings of the Ministry of Health housing its Central Accounting Unit and the storage area for financial and other records. I once worked as an accounts clerk at that ministry and part of my responsibilities was the storage of records in a fireproof steel and concrete building just outside the accounting unit. It was always assumed that the storage area was fireproof.

Apart from the complete loss of a historic building that once housed Queen’s College, the Auditor General reported that the fire destroyed a “significant amount” of the ministry’s accounting records, while others became water soaked in the aftermath. The consequences of the fire were exacerbated because of the ministry’s failure to comply with circularised instructions to circulate copies of contracts together with monthly returns on contracts issued, Tender Board minutes, pay change directives, and other financial documentation to the Accountant General and Auditor General. These are serious systemic breaches that were not highlighted in earlier reports from the Audit Office and had the fire not taken place, the public would have been none the wiser about the non-compliance by the ministry.

In the aftermath of the fire the country was told by the political directorate that they knew who was behind the fire. Yet the debris was removed with undue haste precluding any forensic investigation by the experts. Now that taxpayers have more recent concerns about financial improprieties, despite the expressed knowledge of the politicians, the fire and its causes have long receded and are no longer of any public interest.

Conveniently, the failure by the management of the ministry meant that no checking could have been done on the physical verification of assets, including buildings that had been constructed or completed during the period, and possibly the reconstruction of sensitive records of the ministry. Understandably therefore, the report was only able to consider records examined prior to the fire. No wonder then that of the total of fourteen paragraphs of adverse findings by the Audit Office, only four related to current year issues. And these referred to amounts totaling $290M for capital works, purchases and non-accounting.

The report does not indicate whether the computerised records had been backed up and stored off-site as a standard precautionary measure nor does it make any recommendation on sanctions against those whose non-compliance with instructions added to suspicions about the causes of the fire.

Strange response
The report does no credit to the Audit Office however with its acceptance of inane responses to the findings of the audit. For example in paragraph 324 the issue was the final account of the new Ophthalmology Centre at Port Mourant with a revised cost of $127M. A similar situation arose in the case of the National Psychiatric Hospital rehabilitated for $44 million. The response from the ministry was that the building was completed and handed over! Could no one from the Audit Office point out that that was not the issue being raised?

In the case of $42M transferred to the Basic Needs Trust Fund for the completion of the Mabaruma District Hospital no accounts were submitted. The Ministry of Health was not reported as having responded to this concern which will be all but forgotten within a couple of months.

The Georgetown Public Hospital Corporation
The situation here is no different and there seems little effort at remedying the deficiencies which persist from year to year. Standing out as usual are 1) the non-compliance with the requirement that the corporation’s receipts be placed into the Consolidated Fund since, despite being a corporation rather than a department, it receives an appropriation rather than a subvention; and 2) sourcing drugs worth $592 million from the New GPC outside of the Procurement Act, purportedly ratified by the Cabinet.

The report does not indicate, or suggest that the authors understand how the Procurement Act deals with public corporations, the law’s provisions regarding selective tendering or the distinction between single sourcing and selective tendering. As a public corporation the GPHC is permitted to have its own rules for procurement but these must be approved by the National Tender Board. Where those rules conflict with the act, the act prevails.

On the issue of the procurement of drugs from the GPHC the report indicates that Cabinet approved in July 28, 2008 the procurement of drugs by selective tendering. The procurement from the Ramroop’s company is single sourcing. That is not a fine distinction as is evident from the Procurement Act which requires all procurement to be done by tendering, or under the exceptions set out in sections 26 to 29 of the act.

The approved exceptions are the two-stage tendering process under rigidly defined conditions; selective tendering which requires the approval of the National Tender Board; procurement by means of a request for quotations for the procurement of readily available goods; and single-source procurement, when among other things, the goods or construction are available only from a particular supplier or contractor, or a particular supplier or contractor has exclusive rights with respect to the goods or construction, and no reasonable alternative or substitute exists.

Of course none of these conditions applied but given the relationship of the supplier to the government, then the laws do not matter.

Ministry of Labour, Human Services and Social Security
This ministry is also worthy of note and of the ten paragraphs of adverse findings only one was a current year matter. One of the nine was about an investigation involving irregularities of 8,078 old age pension and social security coupons valued at $13.959M. Some of the officers implicated had made restitutions totalling $3.844M but in March 2007, the Commissioner of Police informed the ministry that based on the advice of the Director of Public Prosecution, the investigations were suspended, perhaps a euphemism for discontinued.

The report tells us of a bank account with an overdrawn balance of $271 million which had been drawn to the attention of the attention of the Finance Secretary several years ago but about which nothing had been done. Such lethargy unfortunately seems to characterise public accountability in Guyana which is once again on a downward trajectory and demands serious attention.

NICIL/Privatisation Unit
Over the years the Lottery Funds came to symbolise the more egregious features of public accountability of post-1992 Guyana, partly because the accounting for the receipt and payment of those funds were in breach of the constitution and the law. What somehow was not on the radar was the case of the Privatisation Unit which according to the Finance Secretary has been “subsumed by NICIL.” That does not appear to be factual as official publications indicate otherwise.

Whether such confusion is deliberate and the reasons for it can only be a matter of speculation but NICIL/PU has/have replaced the Lotto Funds as the source for unlawful accounting and spending of public moneys. As long ago as year 2000 the then Auditor General pointed out that divestment proceeds were not being paid over to the Consolidated Fund. Using a fig leaf, that situation has worsened many times over with not even a mention, let alone a serious comment, in recent reports.

NICIL finds easy cover from the lack of attention by the Audit Office to address this blatant outrage, from the Public Accounts Committee which appears to have overlooked this major violation, from the Registrar of Companies who has not pursued NICIL for its non-compliance with the Companies Act requirement that companies file annual returns and accounts, and from the GRA for allowing a high profile company to operate for umpteen years without any audited accounts.

Missing the forest for the trees
A strapline to the caption of this column is ‘No change.’ A review of the report shows that two hundred and sixty-one paragraphs dealt exclusively with “prior year matters which have not been resolved.” These are shown mainly in summary form. Now compare this with the new issues, each of which runs into several paragraphs but which account for a mere one hundred and sixty-six paragraphs. The total expenditure for the Office of the President (OP) and the Office of the Prime Minister (OPM) amounted in 2008 to $10 billion. Yet, for the Office of the President there are only two paragraphs in the 2008 report dealing separately with two current year issues – one in relation to Lands and Surveys and the other to GO-Invest. In other words, nothing about the discretionary spending in OP is worthy of mention. In the case of the Office of the Prime Minister, there was not a single current year issue, and the only prior year issue was in relation to the maintenance cost of four vehicles! This is unrealistic, unbelievable and just cannot be the product of either a systemic or transaction audit. It is as if the nation is being treated to a game of Trivia.

With all that is happening around us in terms of the financial probity of accounting transactions, it seems that the Audit Office does not have the capacity and or the will to undertake serious and comprehensive audits.

And even when it does any extensive work it is often about vehicle log books, telephone calls’ register, employees’ NIS registration numbers, bank reconciliations and register of books, all very important if the big picture were not as bad as it is. The Guyana Elections Commission (Gecom) and Region 4 received a disproportionate level of attention in the 2008 report in which the findings on Gecom run for 20 paragraphs of details on twelve pages, including adverse comments on expired air fresheners and Baygon. With that kind of time inevitably spent at Gecom one has to be disappointed at the absence of comments on where the real money is being spent.

Region 4 was covered in forty-three paragraphs, the highest for any budget entity and is the only section containing charts, including a pie chart of purchases from a supplier of janitorial supplies who just happened to be the spouse of the Driver/Expeditor.

What is interesting too is that unusually, the report gives extensive details of a special audit of certain purchases by the region. Why the findings of this special investigation are reported in the national report is not clear, when other special reports are supposed to be treated differently.

To be continued

The 2008 Auditor General Report: No change – part 1

Introduction
There is a certain ritual undertaken annually that has many purposes and effects – to placate the international gods and domestic audience with evidence of accountability and transparency in the country’s accounting for the billions spent annually by the government in our name; to meet in form if not in substance the financial reporting obligations under the constitution, the Audit Act and the Fiscal Management and Accountability Act; to excite the press; and finally titillate the public. The ritual is over the publication of the Auditor General Report or, to give it its full name, the Report of the Auditor General on the Public Accounts of Guyana and on the accounts of the Ministries/Departments/Regions for the Year ended XXXX.

The initiation of the ritual takes place several months after its constitutionally due date which is nine months after the end of the year; is done in the glare of publicity with a hand-over of the first copy (?) of the report to the Speaker of the National Assembly; is prolonged over several weeks by the national dailies seeking to fill in news voids; and is revived sometimes years later when the Public Accounts Committee remembers its obligations to review the report.

Standard fare
Expect the officiating high priest to make noises about the abuse of the Contingencies Fund; splitting of contracts to by-pass the Procurement Act; huge sums of money belonging to the Consolidated Fund being left lying idle, dangerously unsupervised; presidential misuse of the Lotto Funds and other public monies; several billions of dollars controlled unlawfully by ministries and departments whose recordkeeping is as good as that of the proverbial cake shop; and stores and assets records not being properly maintained.

Even Business Page participates in the ritual although with about the same level of enthusiasm as that of the youth being forced to attend catechism classes; its interest long dissipated; its respect for the report, its authorship, its contents and its value having progressively diminished since the unceremonious departure of Mr Anand Goolsarran, former Auditor General who almost single-handedly brought back the report after a black hole from 1980 to 1991 when there was no national reporting.

For year to year nothing changes and the discerning reader of the report will notice that it is made up substantially of prior year matters which have not been resolved. While the government finds new ways to spend taxpayers’ money, the national audit office seems to be using the same old audit approach. The report seems to be constrained by restrictions and blinkers, particularly on areas most vulnerable to abuse such privatisation deals; the increasingly blatant use of NICIL to transact government business outside of the law; contract splitting; the abuse of constitutional arrangements for the proper accounting of funds; the spending habits of the President and some of his ministers; and poor accounting all around.

Dr Anand Goolsarran
The authorship is characterised by inadequate numbers and suitably unqualified or conflicted persons with an unhealthy connection to the government whose financial probity and management it is supposed to attest to. Long forgotten are the days when the Stabroek News could write of Dr Goolsarran:

“Now it seems, and is, a huge blessing — and a minor miracle — that we have an Auditor General who is actually doing his job of general auditing. He is exerting pressure to turn a new leaf in dealing with financial reporting in 1992, to tackle quite separately the backlogged financial reporting for ten years, and to exercise his powers of audit over divestment deals. And he is not, thank heavens, afraid to publicise his concerns. All that he is doing is, quite simply, fundamental to good order in the body politic. Let us watch with the greatest care what happens. If obstacles are not put in his way, if feet are not interminably dragged, then it may be we are really in a new era of cleaner more efficient, less corrupt government. But if… well, let us wait and see.”

Stabroek News’s concerns about the sustainability of miracles, no matter how small, seem to have been vindicated. We now have a most compliant Audit Office where the head is summoned by a political functionary and “invited” to carry out an audit/investigation completely outside of his constitutional and statutory mandate. This is the same ministry and the same audit office that cannot give us the report of the 2007 World Cup accounts and which have had difficulties relating to the Contingencies Fund. The Audit Office is woefully short of the right quality and number of staff but can now respond to a request to carry out an audit using resources that it does not have and to produce a report that unless it is highly critical of the cricket administration, would be seen as a cover-up.

No wonder then that the departure of Goolsarran – who has now earned a PhD in Business Administration from the Robert Kennedy College in Switzerland – has led to a progressively deteriorating situation in which not even a fire at a government ministry under a cloud of suspicion attracts more than perfunctory attention.

Issues that strike
It does not seem that any useful purpose would be served by an exhaustive examination of the 2008 report which was dated March 31, 2010, six months after it ought to have been submitted. Instead I will deal in today’s and the next Business Page only with a few striking issues arising from the report.

1. Remissions by the Guyana Revenue Authority

According to the report, remissions by the GRA in 2008 amounted to an unbelievable $70 billion of which $64B was for companies. This compares with $21B in 2006, an increase of 200%, and a mere $6B in 2006. By contrast, corporation tax collected in 2008 was $17B. You would expect some kind of relationship between remissions and GDP, which in 2008 increased by 3.1% and in 2007 by 5.4%.

2. Moneys that should properly go to the consolidated fund are being held in “Static Accounts”

These include $4.8B held in a handful of accounts of which the following are the more prominent:

a. “The amount of $2.617 billion shown on account N2 201360 was in respect of the Government of Guyana and the International Development Association (IDA) loan agreement, which was signed in January 2003, for Poverty Reduction Support Credit. The Loan provided for (a) 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.” This entire amount earmarked for poverty reduction credit has been lying idle for more than seven years while we take credit for a loan scheme for single mothers initiated by a commercial bank.

b. In terms of age, the account that stands out is account # 200920 with a balance of $127 million. This account was set up sixteen years ago to meet certain expenditure related to the purchase and installation of Wartsilla engines.

c. A ‘grow match’ of this account is “Account # 201110, also established in 1994 through the transfer of $2.1 billion from the Consolidated Fund to establish an Infrastructural Development Fund (IDF). From the IDF, it is understood, that Wartsilla engines were purchased for Anna Regina and Wakenaam. In addition, this account was used to meet counterpart expenditure relating to an IDB loan to the electricity sector. There has been no movement on this account for more than twelve years.

d. Despite all the weaknesses in the country’s financial systems, there is an amount of $173M lying in an account ‘Financial Sector Reform Programme’ for the past four years. An amount of $2.2B was spent from this account in 2005 but it is unclear where that money went.

3. Mystery fire at Health Ministry

On July 17, 2009 a fire of mysterious origin destroyed the main office buildings of the Ministry of Health that housed its Central Accounting Unit and the storage area for financial and other records. The fire destroyed a significant amount of the ministry’s accounting records, while others became water soaked in the aftermath.

In next week’s column we will consider whether any attempt was made to co-operate with the auditors.