Public official faces $200 fine after PAC no-show

A public official, who was a no-show yesterday at a meeting of the parliamentary committee examining governance and procurement issues flagged at the University Hospital of the West Indies (UHWI), could face a criminal charge that carries a maximum penalty of $200.

Parliament’s Public Accounts Committee (PAC) yesterday began taking steps to have Fitzgerald Mitchell, acting chief executive officer (CEO) of the University Hospital of the West Indies (UHWI), placed before the court after he failed to attend a hearing on Tuesday.

Tiffany Stewart, senior legislative counsel to the Houses of Parliament, confirmed that Mitchell was “ordered and summoned” on June 8 to appear before the PAC yesterday.

Stewart told lawmakers on the committee that Mitchell was required to “give evidence and produce documents” that would facilitate the PAC’s ongoing examination of the findings of a performance audit of the UHWI.

The audit, which was conducted by the Auditor General’s Department, raised questions about governance and procurement breaches at the UHWI, the “splintering" of contracts and misuse of the hospital’s tax-exempt status to import millions of dollars’ worth of goods for private companies.

The meeting was adjourned early due to Mitchell’s absence.

It was not immediately clear why he did not show up.

Stewart explained that the summons was issued to the acting UHWI CEO on June 8 in accordance with sections five and six of the Senate and House of Representatives’ Powers and Privileges Act and the Standing Orders of the House of Representatives, specifically section 78.2.

“Mr Mitchell’s failure to attend and to give evidence or to produce documents in accordance with the order constitutes an offence under sections 18A and 18B of the Senate and House of Representatives’ Powers and Privileges Act and may be reported to the House of Representatives as a contempt of Parliament,” she suggested.

The punishment, if convicted, is a fine not exceeding $200 or 12 months in prison with or without hard labour if the fine is not paid, Stewart disclosed.

“Evidently, the legislation is outdated,” Stewart said in reference to the Senate and House of Representatives’ Powers and Privileges Act, before recommending an “extensive review” of the legislation to enhance the penalties “for the purpose of public accountability”.

All the lawmakers present voted in favour of adopting a recommendation by Stewart that a report related to Mitchell’s no-show be sent to the Speaker of the House of Representatives to trigger contempt charges against him.

“I will engage the necessary consultations in terms of the procedures…to trigger specifically this issue in the parish court,” Stewart disclosed.

PAC Chairman Julian Robinson described it as concerning that a public official in a position of authority “is in contempt and in breach of the Parliament”.

Robinson, a lawmaker on the Opposition benches, noted that neither Mitchell nor his attorneys responded to the summons which was issued after the UHWI CEO was “invited” but failed to appear before the PAC.

“A signal must be sent because it means that the next time we have a PAC and some public official don’t feel like him waah come answer him just say ‘Alright, me we just pay the $200 and gwaan’ and everything good. Can’t work so.”

Delano Seiveright, a lawmaker on the Government side, was even more critical of the UHWI chief executive, saying the “situation as it stands is egregious and I believe we should take action”.

Lothan Cousins, another lawmaker on the Opposition side, suggested that Mitchell face “serious disciplinary action”.

“I hope that the Minister [of Health] is looking on [and] the board is taking note. Serious disciplinary action must be taken as it relates to this particular individual and the office that he holds,” Cousins said.

Errol Greene, permanent secretary in the Ministry of Health and Wellness, told lawmakers that he intends to relay their concerns to the UHWI board of directors and request that “due diligence be done”.

“And whatever disciplinary actions can be taken by the board of directors of the University Hospital after the due diligence, that that be done. That’s what I am committing to do,” Greene added.