Turning point for better governance - If not now, when?

This is a submission from the Jamaica Civil Society Coalition.

We want to register our deep-seated concern for The Gavel's assertion in its November 18 article that "We do not think that the unwise shortcut taken by Azan should bar him from being recalled to service ... . It is unreasonable to suggest that because he (Richard Azan) has flouted established rules, then he should be disqualified."

We ask, if not when a minister flouts established rules, when?

The article goes on to state their concern was that "the prime minister should have first ensured that Azan had publicly repented for his sins".

Is this the standard? Can we, the citizens, now expect to be able to break established rules with only the need of a public apology? Or, should there be one standard for ministers and another for the rest of the citizenry?

Concerns Deepened

Our concerns deepened further, as in the same November 18 edition, the Letter of the Day advanced the view that: "It is clear that Mr Azan did not follow procedure, which is wrong. However, it is unfair to punish him forever. It is funny that our civil-society groups are unhappy about his reappointment to the Ministry of Housing, Transport and Works because they feel he should be punished forever."

Here is the standard of governance that the writers appear to be advocating: Ministers may flout established rules, publicly apologise, and then continue to enjoy long tenure.

As we contemplate the differing viewpoints, let's recall the nature and impact of the "unwise shortcuts" of Mr Azan, as The Gavel calls them. As a result of the MP's failure to provide any oversight or leadership in an arrangement which was initiated, facilitated and promoted by him, we ended up with:

1. First, 10 shops that were built without even an attempt to utilise the Government's procurement rules. This was not a situation of a government official trying to do the right thing, but becoming frustrated and resigning himself to using a "shortcut".

2. An MP, state minister AND a justice of the peace arranging with a contractor (who was initially awarded the contract by the parish council to renovate the market) to perform additional works that were not part of the contract. Mr Azan was not a signatory to the contract, and without both authority and authorisation to arrange such, he was operating completely out of jurisdiction.

3. A breach of the Jamaica Public Service Company's (JPS) contract. Facilitating a connection to the parish council's electricity supply by an extension cord, stretched across the length of the parking lot to the shops, is subletting. This is a breach that is taking place in a period when the JPS is arresting members of the public for failure to comply with regulations, and hence exposes the Government to disrepute.

4. A loss of public funds. The council was receiving no revenue from the shops (despite occupation of public property), and this was further compounded by losses, as the payment for electricity by the vendors did not reflect the level of consumption, leaving taxpayers to pay the difference, from the coffers of an already cash-strapped local authority.

5. Members of the public being denied use of public property (parking lots) for which it was intended. This created another breach, as the council's own development order does not allow the erection of any such structure in this area.

6. An open-ended arrangement between the vendors and the contractor which could have allowed the contractor to continue to collect 'rent' from the vendors beyond the point of receiving full compensation, had this not come to light; and

7. A parish council which could not afford to provide the structures in the first place, being compelled to redirect taxes received, in order to the purchase the shops and regularise them. A fair assumption here is that other citizens will be denied other public goods and services in order to pursue damage control.

The majority of Jamaicans go to work everyday knowing they will be held accountable for their actions on the job. Perhaps, 90 per cent of those who do lose their jobs do not lose it because of a criminal act, but because of failure to respect and adhere to company policy and rules.

Breaking those policies and exposing the company to disrepute and potential loss of income will attract consequences. In many instances, those consequences are not primarily punitive, but protective of the both interests of the company and that member of staff.

Yet, for Mr Azan, such actions resulted in his being returned to leadership of the very same organisation. For MP Azan, who declared to the nation in September, "I have no regrets!", is there any basis for believing his reinstallation vow to "be conscientious in the discharge of my duties ... and to provide best judgement and good management in the public affairs of Jamaica"?

NO OTHER MP FOR ROLE?

Is Mr Azan the only MP who can satisfactorily fill the role of state minister in this ministry, and as the prime minister claims, "in order to serve the people of Jamaica"? After all, at the heart of the function of the Ministry of Housing, Transport, Water & Works is the need for competence in negotiating, procuring and awarding construction contracts. Shouldn't Mr Azan's disregard for those very regulations, breach of public trust, and persistent refusal to express any regret disqualify him for such responsibilities?

Let us weigh very carefully the message and signal being sent to all public servants and, particularly, all young, impressionable Jamaicans. Reinstating Mr Azan is dangerous and injurious to the concept of good governance and is a mockery of Jamaica's critical need for accountability.

As prime ministers come and go, and with them, inauguration pledge after inauguration pledge, the promise of greater accountability remains a fixed feature. So today, we must ask, when will that turning point come? When will our leaders demonstrate the intent behind their vows? And if Richard Azan's conduct is not the OPPORTUNITY that Mrs Simpson Miller can and should use to demonstrate her commitment to raising the bar, if not this, what will it take? And if not now, when?

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