AT Wednesday’s sitting of the National Assembly Opposition Members of Parliament (MPs) were accused by MPs from the government side of violating the provisions of the Fiscal Management and Accountability Act (FMA) 2003. The presentations by government MPs against a motion tabled by APNU MP Carl Greenidge strongly defended that attempt.
The motion which was approved authorises the National Assembly to dictate the manner in which extra-budgetary agencies access funds from the Consolidated or any other public fund.
The motion also requires that apart from operational expenses, all other funds accruing to those agencies should be paid over into the Consolidated Fund.
People’ Progressive Party/Civic (PPP/C) MP Bishop Juan Edghill pointed to the fact that the motion sought to amend the Act which it cannot do, but instead it was violating it, a point which was supported by the Speaker of the National Assembly, Raphael Trotman. He added that the motion suggests that all public money is ‘equated to or equal to what is in the Consolidated Fund”.
He noted that the Consolidated Fund is just a sub-set of public money and not the sum total of Public Money.
MP Edghill stated that the FMA Act states that, “all public monies shall be classified as either (a) received monies (b) monies in the Consolidated Fund including any monies in the Contingencies in the Fund (c) monies in an extra-budgetary fund (d) drawn monies (e) monies in a deposit fund.
He explained that the Act envisages that there will be public money that is not in the Consolidated Fund, while the motion seeks to create a facility which would cause the Consolidated Fund to become the sum total of all public monies. The Act does not allow this Edghill explained, adding that there is nothing illegal about having public money outside of the Consolidated Fund.
Attorney General, Anil Nandlall from the PPP bench stated the clear purpose of the FMA Act and the Constitution was to keep the Consolidated Funds and extra-budgetary funds separate and apart. He stated that the FMA states that “all public monies received by the Government shall be credited fully and promptly to the Consolidated Fund, except monies credited to an extra-budgetary fund as stipulated in the enabling legislation establishing the fund like the Guyana Geology and Mines Commission, like the Lottery Act, like the Forestry Commission Act (b) monies credited to a deposit fund and (c) as stipulated in the Constitution.”
In view of the Act, the AG said that to deposit “in a wholesale manner into the Consolidated Fund is wrong. It is illegal and unconstitutional.”
He urged the parliamentary opposition to make constructive use of their one-seat majority without violating the laws of the country. “The one seat majority is not used rationally, but is used emotively and emotionally, and that is the problem,” he declared.
The approval of the Motion requires the Minister of Finance to report on all extra budgetary agencies, including the Lotto Funds and GGMC, and provide to the National Assembly, all the outstanding reports and quarterly audited accounts.
It also requires that subject ministers with extra-budgetary agencies under their portfolios, are now required to pay into the consolidated fund all balances held in their accounts and submit statements of such payments to  the National Assembly immediately.