Ombudsman loses powers MPs vote 83-0 to remove watchdog inquiry rights
PARLIAMENT has taken the first steps to weaken the powers of the Ombudsman Commission, and establishing a parliamentary Ombudsman committee that will have powers to make inquiries of its own.
Parliament voted 83-0 to amend
section 27(4) of the Constitution to remove the powers of the Ombudsman
in issuing directives to ministers and heads of departments.
Section 27(4) allows the Ombudsman to issue directives to prevent payments out of public funds, or trips by MPs, or other actions by these office holders if it (the commission) feels impropriety is involved.
Section 27(4) allows the Ombudsman to issue directives to prevent payments out of public funds, or trips by MPs, or other actions by these office holders if it (the commission) feels impropriety is involved.
For example, the commission has, in
the past, used this provision to stop MPs taking overseas trips when it
felt the trips were a waste of public funds.
The commission had also used this provision to prevent cheques issued by the Finance Department if it felt the motives were political.
The commission had also used this provision to prevent cheques issued by the Finance Department if it felt the motives were political.
The commission had, in the past,
used this provision to block the release of electoral development fund
cheques for MPs close to the 2002 and 2007 general elections.
The commission also froze the RESI funds last year using this provision after allegations emerged that millions of kina were misappropriated and given away without following proper procurement processes.
The commission also froze the RESI funds last year using this provision after allegations emerged that millions of kina were misappropriated and given away without following proper procurement processes.
Some MPs themselves had gone to the
media to complain about this misuse of RESI funds, particularly in
Kerevat and Aiyura national high schools. But these MPs did not oppose
the bill.The amendments were introduced as
private business motion by Esa’ala MP Moses Maladina.
Mr Maladina said section 27(4) had
been used by the Ombudsman Commission on numerous occasions to stop the
issuing of cheques, thus, preventing the implementation of Government
policies and initiatives.
“We want to make it very clear for
the purposes of Hansard that the action of the Ombudsman in issuing such
directives using section 27(4) is wrong.”
Mr Maladina said from time to time,
the Ombudsman had also utilised section 27(4) in issuing directives to
airlines in an attempt to prevent leaders travelling to conduct their
duties.
He said on many occasions, there had
been public physical confrontations between officers of the Ombudsman
and leaders at the international terminal.
He said it was not the intention of
Parliament for the Ombudsman to utilise section 27(4) to confront
leaders in this manner.
On the Ombudsman committee, Mr
Maladina said the committee’s responsibilities were to address Ombudsman
reports presented in Parliament and function like the Public Accounts
Committee. “Where the PAC deals with financial
issues, the Ombudsman committee should deal with administrative issues.
“If, for example, lives are lost
because of lack of medicine at the Port Moresby General Hospital and
because people are turned away due to lack of beds, despite allocations
of millions of kina in the health budget, it could be an issue which
this committee can make a parliamentary inquiry,” Mr Maladina said.
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