| Article 216 of the Constitution dictates that all “revenues or other moneys raised or received by Guyana … be paid into and form one Consolidated Fund”. This has created much controversy over the years and for some time, remained clouded in uncertainty as it seemed to only apply to some State agencies.With plans to overhaul the financial system,Tennessee Volunteers Jerseys, Finance Minister Winston Jordan hopes to ensure that Article 216 of the Constitution is respected by all statutory institutions.He recalled that the controversy over respecting that aspect of the Constitution was further agitated when former Attorney General, Anil Nandlall,Tomas Plekanec Canadiens Jersey, gave the Audit Office advice in relation to the Lotto Funds. The advice flew in the face of Article 216.Jordan said, too, that it did not help that the Acts establishing a number of statutory bodies which collected moneys on behalf of Guyana, contained conflicting provisions on how the annual surpluses of those entities are to be accounted for.The Finance Minister said that what this meant in a number of cases, is that every time a statutory body is established to take over the functions previously carried out by a ministry or department of the Government,T.J. Oshie Capitals Jersey, the revenues previously collected by that ministry or department were at least temporarily lost to the State.“Immediately, officers from my Ministry will begin consultations with those bodies with a view to effecting transfer of the accumulated balances on their accounts, and will work out modalities for regular in-year transfers to the Consolidated Fund,” Jordan stated.Finance Minister, Winston JordanWith regard to the Lotto Fund case,http://www.theworldsoccersshop.com/Sweden-Joakim-Nilsson-Jersey.html, Nandlall had said that the court was clear in its ruling that the then PPP Government had not acted unconstitutionally by not placing the proceeds from the Lotto Fund into the Consolidated Fund.But the Public Accounts Committee of the Tenth Parliament had ordered the Auditor General, Deodat Sharma, to seek “independent” legal advice with regard to the controversial fund.Former Chairman of the Committee, Carl Greenidge, had said that the PAC was of course divided on the matter as those who represent the interest of the then PPP government communicated that the matter was already dealt with at the level of the court, and as such they were not in agreement with the Auditor General being told to seek independent legal advice.“He (Sharma) was told to get independent advice, because the advice given before was by the (former) Attorney General, and it was not appropriate because the AG advises the Cabinet, not the Auditor General…”Though the Committee may be divided on the issue, Greenidge was of the firm belief that the Lotto Funds and others should be paid into the Consolidated Fund, “because these aren’t bodies established under the Fiscal Management and Accountability Act which allows for the establishment of extra budgetary agencies, and it is not established as such, for them to keep the money out of the fund and as such I maintain my position on the issue.”Trevor Williams, of the Alliance For Change (AFC), who served as a Member of Parliament, had insisted that the law is clear about the destination of State funds.Chartered Accountant, Christopher Ram, in a letter back in January 13, 2013 had said that Nandlall gave his own interpretation on the decision handed down by Justice Diane Insanally in the case of Desmond Trotman versus Attorney General, popularly known as the Lotto Funds case.Nandlall claimed that Justice Insanally decided the case on its merit,Manny Ramirez Indians Jersey, finding that “the deposit of the monies in the Development Fund of Guyana (Lotto Fund) is in accordance with Article 216 of the Constitution, the provisions of the Fiscal Management and Accountability Act and the Lotteries Act,Matt Joyce Jersey, thereby vindicating the Government’s position.”The truth cannot be more different, Ram contended in his letter.The action, he reminded, was initiated in April 2010 by Desmond Trotman, a Political Activist and now Member of Parliament for A Partnership for National Unity (APNU). Essentially, Trotman asked the Court through his Attorneys, Miles Fitzpatrick, S.C and Christopher Ram, whether the share of the revenue received by the Government from the Guyana Lottery Company Limited, a private company incorporated under the Companies Act 1991, is required to be paid into the Consolidated Fund in accordance with Article 216 of the Constitution and Sections 21 and 38 of the Fiscal Management and Accountability Act 2003.He also asked whether as a consequence, the expenditure by the Government of the money without the authority of Parliament, is unconstitutional and illegal.On June 2, 2010, Ashton Chase S.C. and Pauline Chase, on behalf of the Attorney General did not respond to the issues raised, but instead, asked the Court to strike out the plaintiff’s action on the following grounds: a) that the action failed to comply with the rules of the High Court; b) that Trotman had shown no right, legal or equitable, to seek any order by the Court; and c) that Trotman used the wrong procedure.On December 28, 2012, Justice Insanally, in a brief hearing in Chambers,Ryan McLaughlin Liverpool Jersey UK, delivered her decision on the arguments, ruling against Trotman on the procedural points, but not on the merits of the case.Subsequent efforts by Counsel, Ram said, to obtain a copy of the decision were unsuccessful, prompting Miles Fitzpatrick SC, to write the Judge requesting a written decision.Through his Attorneys, Trotman has appealed the decision of the Court.Greenidge had subsequently written a lengthy statement in 2013 saying that he has no view to offer on the decision of the judge in the absence of a written explanation of the logic of the decision. “I am a little surprised by it however,Bruce Smith Bills Jersey,” the politician stated.He had said that the difficulty experienced by the National Assembly is not with the acceptability of the fund under the Constitution or the Fiscal Management and Accountability Act, but with its administration.In the case of the Lotto fund, over the decade 1996 to 2006 alone,Avalanche #9 Matt Duchene Black 2016 All Star Stitched NHL Jersey, Greenidge said that some $3B of revenues is still to be accounted for.He had said that the National Assembly is still awaiting the reports and audited accounts from the government for the use of the millions of dollars of funds associated with the 2005 floods, the Cricket World Cup, the hosting of Carifesta X and the ICC Twenty/20 tournament.AFC Executive Member, Nigel Hughes, had also spoken on the issue stating that the Lotto Fund case was dismissed on a procedural point. “The principal issue of whether or not the Lotto Fund should go into the Consolidated Fund was never determined; it was never heard…arguments on that matter were never heard in the court.”“The Court dismissed the case on a preliminary point…the issue on whether or not the Lotto Funds should go into the Consolidated Fund is still unanswered and undetermined.” |
