Economic Governance and Management
583.
584.
585.
220
Chapter 4
When asked about this, the director of ICAC responded by stating that
the legislation that established ICAC does not provide a mechanism
to follow up on its reports. This is not a good explanation for failing
to follow up, as any gap and shortcoming in the legislation could be
corrected easily if there is the political will to do so. Consideration
should therefore be given to creating a mechanism for discussing
and following up the reports of ICAC. It could happen at the highest
levels of government, like the Council of Ministers, a committee of
Parliament or the full Parliament itself. All this requires is the necessary
commitment, at the highest level, to strengthen ICAC and the fight
against corruption. The fact that this step has not been taken leads
the CRM to conclude that the perception among key stakeholders
that corruption is prevalent and that the political authorities lack
enthusiasm about the fight against corruption, especially in high
places, has a great deal of credence.
The CRM believes that the fact that Parliament has failed to pursue
the reports of ICAC energetically raises serious questions about
its capacity and effectiveness in exercising control and oversight
in the management of public finances. It should be noted that this
shortcoming applies equally to the reports of the FSC and the FIU. The
reports of the NAO are referred to the Public Accounts Committee
(PAC) of Parliament. It then submits its reports to the speaker of
the National Assembly. However, these reports are not debated by
Parliament as a whole. At present, the reports of ICAC are tabled
in Parliament. However, they are not referred to any parliamentary
committee, such as the PAC, for detailed examination, nor are they
discussed by Parliament as a whole. According to parliamentary
rules, it is possible for Parliament to pass a motion to discuss the
reports of ICAC, the FIU and the FSC, but the CRM learnt that this
is extremely rare. Questions could also be asked about these reports
during question time, during the general debate on the economic
programme of the government at the opening of Parliament, during
the debate on the budget, and when Parliament adjourns.
The CRM is not convinced that the existing arrangements for
Parliament to oversee the reports of ICAC are adequate. The
arguments by the speaker of the National Assembly that there are
few standing committees in Parliament to examine these reports and
that there are opportunities for members of Parliament (MPs) to raise
questions about them, are not persuasive. Given that the party that
controls the executive branch of government also controls Parliament,
and that the executive is almost never defeated in Parliament, the CRM
is left with the impression that Parliament’s failure to take effective
Chapter 4
Economic Governance and Management
measures to discuss ICAC reports reflects the lack of commitment of
political leaders to fight corruption.
586.
However, it should be noted that ICAC is actively engaged in
conducting Corruption Prevention Reviews (CPRs). These are indepth
studies of the systems and procedures of public institutions for
identifying weaknesses that may create opportunities for corruption.
ICAC conducted five CPRs in 2007/2008. ICAC sent them to the
respective institutions. These involved: the Civil Status Division of the
Prime Minister’s Office (PMO); the tender for supplying tiles to the
Ministry of Education, Culture and Human Resources (MECHR); the
management of parent-teachers associations; the allocation of state
lands in Rodrigues; and the issuing of building and land-use permits
by local authorities. In addition, two draft CPRs, on integrity in the
Construction Sector Wastewater Management Authority (WMA) and
on improving controls in information technology operations in the
public sector, were prepared and submitted. CPRs are being prepared
that deal with: (i) the National Development Unit; (ii) the Ministry
of Health and Quality of Life (MoHQL); (iii) the National Housing
Development Company (NHDC); (iv) the Grande-Port Savanne
District Council; (v) the Sugar Planters Mechanical Pool Corporation;
(vi) the Ministry of Social Security, National Solidarity and Senior
Citizens Welfare and Reform Institutions; (vii) the MPF; (viii) the
Ministry of Agro-Industry and Fisheries; and (ix) the Commission for
Agriculture, Natural Resources, Rehabilitation and Water Resources
(Rodrigues). This is evidently a very important effort by ICAC, and
its activities cover a number of important ministries and agencies.
587.
ICAC tries to go beyond preparing and submitting CPRs. It also
follows up to assess the implementation of its recommendations.
It conducted six follow-up exercises in 2007/2008. These showed
that, in most cases, the recommendations were not implemented.
Thus, the implementation rate for their recommendations was: (i) 31
per cent for the Ministry of Industry, Science and Research, SMEs,
commerce and cooperatives; (ii) 65 per cent for the Mauritius Duty
Free Paradise; (iii) 8 per cent for the Ministry of Women’s Rights,
Child Development and Family Welfare (MWRCDFW); (iv) 38 per
cent for the Ministry of Housing and Lands; (v) 36 per cent for the
National Transport Authority; and (vi) 39 per cent for the Commission
for Public Infrastructure and others in Rodrigues. The percentages
for recommendations in the process of being implemented are 18
per cent, 28 per cent, 16 per cent, 29 per cent, 15 per cent and 14 per
cent respectively. These percentages are on the low side, but they
221