Michael Hylton

Solicitor General Michael Hylton is recommending that guidelines for government procurement procedures be upgraded to regulations so that appropriate sanctions can be applied where breaches occur.

Mr. Hylton made the recommendation while responding to a request from interim chairman of Parliament's Public Accounts Committee (PAC), Mike Henry, on what sanctions currently exist or could be applied in situations where the procurement guidelines have not been followed.

In a letter tabled at the PAC yesterday, Mr. Hylton explained that, as it exists, non-compliance with the procurement guidelines would not constitute a breach of the law and, as such, no sanctions would be applicable.

He however noted that although the procurement guidelines do not have the force of the law, and do not provide for any sanctions in the event of their breach, public officers and public companies are expected to comply with them.

Disciplinary action

"A public officer who deliberately breaches the guidelines, would therefore be subject to disciplinary action, and the board or management of a public company, which deliberately breaches the guidelines would also be subject to disciplinary action, which in an appropriate case might include removal from office," said the Solicitor General.

He said there are many cases where there are breaches of the procurement guidelines, but no losses result. He said this specifically applied to the Sandals Whitehouse project.

"I am of the view that if guidelines exist, there should be specific sanctions for their breach, whether loss results or not, and that there should also be provision in the guidelines for recovery of any losses so that the Government would not have to resort to common law procedures or surcharges," the Solicitor General said.