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JAM | Apr 25, 2024

House Speaker yields, shares legal advice of AG

Vanassa McKenzie

Vanassa McKenzie / Our Today

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Speaker of the House of Representatives Juliet Holness

Speaker of the House of Representatives Juliet Holness has yielded to calls from various civil society groups, as well as the Opposition to share the legal opinion of the attorney general regarding the tabling of reports in Parliament.

The legal opinion from the attorney general regarding how reports from the Integrity Commission and the Auditor General was tabled in Parliament on Tuesday, April 23, by the House Speaker.

“I have cause to lay on the table of Parliament the advice of the Attorney General as well as the Advice of the legislative council for Parliament which formed part of my review and consideration regarding the process to be engaged when tabling reports of the Auditor General in respect of public bodies,” Holness said.

“I have also laid on the table the opinions as it relates to the Integrity Commission, this does not in any way set precedence to the tabling of legal advice given to the Speaker in the future, however as Speaker, my ultimate duty is to ensure clarity and full understanding by the Jamaican people in relation to public affairs. Regardless of my ruling and the differing legal perspectives provided as it relates to reports of the Auditor General, they have all been tabled and I will continue to table the reports accordingly to previously established practice for the time being. Nevertheless, in the interest of good governance, I urge this house and strongly urge this House to act quickly to review the relevant legislation to remove any ambiguity or gaps in the process,” she added.

Derrick McKoy, Attorney General of Jamaica

There have been mounting calls for Holness to share the attorney general’s legal opinion after two reports were sent back to the Auditor General’s Department in recent weeks due to an alleged breach of Section 13A of the Public Bodies Management and Accountability Act and Section 30 of the Financial Administration and Audit Act.

The attorney general advised that the auditor general has the discretion to submit reports under either section 29 or 30 of the act. He said if the auditor general acts under Section 29, she can submit annual or special reports.

The attorney general further noted that if the Speaker acts under Section 30, the report must be sent to the appropriate minister.

For reports from the Integrity Commission, the Attorney General says the act and Standing Orders are silent on the issue at hand and, therefore, finds that reports from the Integrity Commission may be submitted to the Integrity Commission Oversight Committee either before or after tabling.

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