SEYCHELLES EXPERIENCEHon. Nichole Barbe, PAC Member, Seychelles

Mandate and Legal Powers

“The National Assembly shall, as soon as is practicable after the beginning of each session of the Assembly, appoint from among its members standing committees and other committees necessary for the efficient discharge of its functions and, without prejudice to the foregoing, the National Assembly shall appoint the following standing committees:-

a) a Finance and Public Accounts Committee; and b) a Standing Orders Committee”

Powers of the FPAC

Article 104 (3) of the Constitution further states that:

“For the purposes of effectively performing its functions a standing or other committee may summon any person the committee believes may assist the committee in the performance of its functions and the committee shall have the powers, rights and privileges of the Supreme Court for:-

a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

b) compelling the production of documents; and

c) issuing a commission or request to examine a witness abroad.”

TOR OF THE FPAC

The Rules of Procedure (Rule 19) provides that each committee shall formulate its terms which is then approved by the National Assembly. The Standing Orders and the Rules of Procedure for Committees gives the general functions of the FPAC as:-

a) to consider the accounts referred to in article 158 (3) of the Constitution in conjunction with the Auditor General’s report;

b) To report to the Assembly on any excess of authorised expenditure; and

c) To propose any measures it considers necessary to ensure that funds of the Government are properly and economically spent.

Composition of the FPAC

The Standing Orders states that the FPAC shall consist of seven members. The members of the committee are appointed by the National Assembly at the beginning of each term, and to party representation on committees. Article 104 (2) of the Constitution states that:

“The composition of a standing or other committee shall, as far as is practicable, reflect the strength of the political parties and independent members in the Assembly but shall otherwise be regulated by the Standing Orders.”

Chairperson’s Role & Responsibilities The Chairperson is elected to the office by the members

of the committee. If the Chairperson is unable to be present at any meeting, the Committee shall elect another Chairperson for the day. This is in line with the Standing Orders and the Rules of Procedure for Committees. As of this year, the Chairmanship of the FPAC has been taken over by the Leader of the Opposition in the National Assembly.

The Rules of Procedure for Committees (Rule 6) clearly states the ‘Duties and Functions of the Chairperson’. The Chairperson is responsible for convening and presiding over committee meetings, and for maintenance of order during meetings.

Meetings and Reporting

All meetings of the FPAC and other committees of the Assembly are in-camera, unless the Committee decides otherwise. Minutes and records of committees are not available to the public or media, however, the FPAC has in the past issued press releases, given interviews and allowed the media to film part of its meeting.

All members shall maintain the confidentiality of matters under discussion, and shall not publicly release any information nor make public comment without the approval of the Chairperson. The Committee may from time to time authorise the Chairperson to make public comment on its behalf.

All members have a duty to declare to the Chairperson any potential conflicts of interest which may arise on any item under discussion.

Relationship with the Auditor General Article 158 of the Constitution provides the following with

regards to the Auditor General’s roles and functions: 158 (3) The accounts of the cabinet office, the National

Assembly, all government departments and offices, all courts and those related to moneys withdrawn from the Consolidated Fund, all accounts of any statutory corporation or such other body as may be specified by or under an Act shall be audited and reported on by the Auditor General to the National assembly and for that purpose the Auditor General or any person authorised or appointed in that behalf by the Auditor General shall have access to all books, records, returns, information and other documents relating or relevant to these accounts.

158 (4) The public accounts of Seychelles and all other persons or bodies referred to in clause (3) shall be kept in such form as the Auditor General shall approve.

Relationship with the Auditor General

158 (5) The Auditor General shall, within twelve months of the end of the immediately preceding financial year, submit the report referred to in clause (3) to the National Assembly and shall in that report draw attention to irregularities in the accounts audited and to any matter which in the opinion of the Auditor General ought to be brought to the notice of the assembly.

158 (6) The Finance and Public Accounts Committee of the National Assembly shall consider the report of the Auditor General and, for that purpose, may summon before the Committee any person who, in the opinion of the Committee, may assist the Committee in its consideration of the report.

Support

Administrative Support Support for Capacity Building Projects Capacity Building Project for the FPAC in

collaboration with the European Union Training by World Bank Institute

“Parliaments and Budget” Workshops by CPA

Limitations and Constraints

Lack of a dedicated budget and inadequate administrative resources

Lack of full time staff Lack of report writing skills. Lack of understanding of the budget process and the

established norms and practices of government expenditure.

Lack of proper mechanism in place as well as the medium through which the FPAC reports on its findings.

No formal procedure has been set up to follow-up on committee recommendations, nor a performance measurement framework set up

Recommendations

Focus on capacity building Focus should be on the credibility and validity of results

and how they would be used to inform decisions about expenditure

Initiate discussions with the Ministry of Finance to discuss the possibility of engaging the FPAC in the Budgeting Process

There is a need for the FPAC to have and administer its own budget

There is a need to have formal procedures set up to follow-up on committee recommendations and the setting up of a framework for performance measurement.

Recommendations

There is a need to have formal procedures set up to follow-up on committee recommendations and the setting up of a framework for performance measurement.

Review the Terms of Reference (TOR) of the FPAC.

Ensure that the Committee has sufficient power and authority to discharge its functions effectively

To review the mandate of the Auditor General’s Office

Recommendations

The National Assembly should employ a full time staff to liaise with the Auditor General’s Office.

The Auditor General’s Office could be invited to participate in the capacity building projects for FPAC Members.

That the FPAC strengthens its relationship with the Civil Societies and the Donor Community to ensure further support and co-operation

Thank you

Mersi Bokou!