Audit report: Former Premier Fahie overstepped legislative authority

Auditor General Sonia Webster has accused former Premier Andrew Fahie, of repeatedly taking efforts to overstep his legislative authority during COVID-19.

In her audit report on contracts for static marine platforms between the government and EZ Shipping, Webster said throughout the COVID-19 lockdown in 2020 and thereafter, there were ongoing efforts by the then-Premier to assume responsibility for border security, which constitutionally lies under the ambit of the governor.

Webster said this was shown through ongoing correspondence which sought to control and exclude the then-governor’s offers of UK surveillance assistance for, and contribution to, the territory’s border challenges.

According to Webster, Fahie also demonstrated this through the tendering for border security equipment (land based platforms) without consultation or approval of the National Security Council (NSC) or the governor and the launching of EZ shipping barges, without any legislative authority or approval.

The Auditor General said this activity led to a number of legislative failures and costly missteps.

“There is a need for the roles with respect to border security to be fully articulated so that persons are aware of their responsibilities and limitations,” Webster commented in the report. “The failure to do so can potentially result in further confusion and overstepping of authority.”

The report recommended that there should be clear legislative repercussions at all levels for persons who disregard legislative authority and knowingly commit the government to an expenditure in a manner that is not approved.