Paulwell for us or against us?

Gordon Robinson, Contributor

Phillip Paulwell's conduct during this entire Energy World International (EWI) fiasco could mislead visitors from Mars to conclude he's a shareholder of EWI and not the minister appointed to protect Jamaica from EWI.

Lest we forget:

1. The procurement process to select a preferred bidder for a government licence to construct a 381-megawatt power plant was well advanced (bid deadline had passed) when Paulwell intervened and "requested" that OUR accept EWI's bid.

2. EWI's bid was thereby routed through the ministry to OUR after the bid deadline had passed and NOT through normal channels. Despite these palpable irregularities, the minister intervened with OUR, which accepted EWI's late bid.

3. EWI is ranked second among bidders. The preferred bidder fails to post the required bid security on time, is immediately disqualified, and EWI promoted to preferred bidder.

4. The contractor general reports the procurement process is flawed and improper and opines EWI shouldn't be awarded the contract. Parliament ignores this. The minister presses on.

5. OUR requests financials from EWI. None is presented. Instead, an associated company's financials are used. Eventually, OUR recommends the licence. In-between, Paulwell publicly pressures OUR to quickly recommend the licence by announcing that the minute the recommendation is made, he'll sign the licence. Thus, he painted the statutory regulator as a nuisance.

6. Contrarily, when OUR recommends a form of licence, the minister takes days to grant an 'amended' licence to EWI. Meanwhile, a clumsy attempt is made to disband the Energy Monitoring Committee (EMC), an independent jointly (Cabinet/PSOJ) appointed body to oversee the project's implementation.

7. The 'amended licence' is kept secret even from the EMC. It turns out Paulwell removed almost all terms in OUR's draft licence for financial requirements by specific deadlines and for project updates.

8. IDB announces it won't be financing the project because of the improprieties in procurement.

9. One of the few financial requirements saved from the minister's editing is for a $37-million performance bond to be posted by April 25.

10. The bond isn't posted on April 25, 26, 27 or 28, when EWI tries to pretend it was posted by saying its bank has all the necessaries in hand.

11. When faced with EWI's attempted three-card trick, Paulwell deflects the question, and blames the IDB for withholding financing and the contractor general for finding impropriety. Apparently blinded by desperation, Paulwell actually says he'll meet the contractor general and influence him to change his report. Not once does Paulwell consider EWI should be disqualified and next in line asked to step up.

Where does the minister stand? Is he for us, or is he for EWI? As minister, is politics or pragmatism his guide? Where does Cabinet/PSOJ/EMC stand? It reminds me of a dysfunctional folk group (fictional) which allowed politics to destroy promising careers. Here's Johnny Cash's take on that error.

There once was a musical troupe

a pickin' singin' folk group.

They sang the mountain ballads

and the folk songs of our land

They were long on musical ability.

Folks thought they would go far.

But political incompatibility

led to their downfall

Well, the one on the right was on the left

and the one in the middle was on the right

and the one on the left was in the middle

and the guy in the rear was a Methodist.

EXTRAORDINARY POLITICAL INTERFERENCE

Why has Paulwell proceeded at all times as if only EWI should be allowed the licence? Does this minister need reminding what his powers/responsibilities are? He has absolutely no legal authority to amend a licence whose terms were recommended by OUR. By law, he's excluded from the detailed due-diligence process mandated for OUR to follow, so what basis would he have (except secret, private knowledge) to interfere with that authority's draft? No legal provision expressly permits this extraordinary piece of political interference and several provisions impliedly exclude it. What's going on?

Paulwell's desperate reliance on the Electric Lighting Act is embarrassing because that act has to do with actually supplying electricity and not the result of a procurement process for the construction of infrastructure. When the power plant is built, a separate licence under the Electric Lighting Act can be issued. Conditions to be inserted (in the licence or regulations) under that act are specifically to ensure the reliability of the electricity supply and personal safety of customers and the like. Try another one, Minister.

His assertion that the procurement process was "informal" is beyond ludicrous. This is a pivotal national project. It's impossible for a foreign licensee's selection to be "informal".

BURNING
QUESTIONS

If the process was "informal", why'd OUR
publish a bidding deadline? Was the deadline "informal"? If the process
was "informal", why'd OUR disqualify preferred bidder Azurest-Cambridge
immediately it failed a financial requirement? Was the process "formal"
for Azurest-Cambridge yet "informal" for EWI? If the process was
"informal", why was the EMC established?

If the
process was "informal", why ask for audited financials? And why'd
Paulwell delete that from the original licence? Why was a clumsy attempt
made to dismantle the EMC? What gives Paulwell the right to ask the
contractor general (CG) to "modify" his finding? Is he under the
delusion that Jamaica is EWI's agent and must ensure EWI succeeds? Is he
for us or against
us?

This musical
aggregation toured the entire
nation

singing traditional
ballads

and the folk songs of our
land.

They performed with great
virtuosity

and soon they were the
rage.

But political
animosity

prevailed upon the
stage.

Well, the one on the right
was on the left

and the one in the
middle was on the right

and the one
on the left was in the middle

and
the guy in the rear burned his driver's
licence.

That proposed
approach to the CG would be an egregious breach of the Constitution by
an officer sworn to uphold it. The CG doesn't work for the minister.
He's an independent parliamentary commission whose 'boss' (Parliament)
is the body responsible for keeping checks and balances on ministers.
Ministers don't suggest to CGs what they should find. CGs advise
ministers how to act with propriety.

This minister is
either totally confused or believes politics is more important than
Jamaica's system of governance. If the CG won't bend to Paulwell's will,
is there going to be a
fistfight?

Well, the
curtain had ascended

A hush fell on
the crowd

as thousands there were
gathered

to hear the folk songs of
our land.

But they took their
politics seriously

and that night
at the concert hall

as the audience
watched deliriously

they had a
free-for-all

Well,
the one on the right was on the
bottom

and the one in the middle
was on the top

and the one on the
left got a broken arm

and the guy
in the rear, said, "Oh,
dear."

We all came down
like a ton of bricks on Richard Azan for circumventing procurement
procedures in building some much-needed shops for constituency
improvement. What makes Phillip Paulwell invulnerable to identical
critique? In my opinion, his transgressions are worse than Azan's, whose
breach resulted in palpable benefit to his
constituents.

TIME TO
RESIGN

Paulwell's actions are like those of a man
working for a delinquent government licensee against the Government's
energy regulator and CG. His proposal to remove the OCG and OUR from
future procurement processes and replace with his sole discretion is a
further abuse of ministerial authority. For that proposal alone he
should be asked to resign. For his display of egregious contempt for
governance and proper procedures for conducting his employers' (aka
taxpayers') business, he needs to find alternative employment. In a
phrase, it's time for Phillip Paulwell to pack his bags and
go!

Now
this should be a lesson

if you
plan to start a folk group.

Don't
go mixin' politics

with the folk
songs of our land.

Just work on
harmony and diction.

Play your
banjo well.

and if you have
political convictions

keep 'em to
yourself.

Now,
the one on the left works in a
bank

and the one in the middle
drives a truck.

The one on the
right's an all-night deejay

and the
guy in the rear got
drafted.

Failure to
remedy this ugly breach of protocol, procedure and policy will be akin
to placing the lunatics in charge of the asylum.

Peace
and love.

Gordon Robinson is an attorney-at-law.
Email feedback to columns@gleanerjm.com.