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With no Audited Financial Reports can we trust the 2017 Budget?

- Gov’t continues to break the laws with blatant violations of Public Finance Management Act 2004 part iii article 17 (1) & articles 32 & 33!
With no audited financial reports, many are questioning the legitimacy of the 2017 Budget Address by Premier and Minister of Finance Dr The Hon D. Orlando Smith. Photo: VINO/File
Financial Secretary Neil M. Smith. According to VI law, the Financial Secretary, for example, is to have tri-annual assessment on liabilities to the Government, which should be reported. Photo: VINO/File
Financial Secretary Neil M. Smith. According to VI law, the Financial Secretary, for example, is to have tri-annual assessment on liabilities to the Government, which should be reported. Photo: VINO/File
According to section 32 and 33 of the Public Finance Management Act, the Government or any person acting on their behalf has no power to borrow money except it comes to the Legislative Council. Photo: VINO/File
According to section 32 and 33 of the Public Finance Management Act, the Government or any person acting on their behalf has no power to borrow money except it comes to the Legislative Council. Photo: VINO/File
The National Democratic Party (NDP) has continued to practice reckless disregard for law and order, as they have no regards for upholding the constitution of the British Overseas Territory. Photo: Internet Source
The National Democratic Party (NDP) has continued to practice reckless disregard for law and order, as they have no regards for upholding the constitution of the British Overseas Territory. Photo: Internet Source
ROAD TOWN, Tortola, VI- While the 2017 Budget Address by Finance Minister Dr The Honourable D. Orlando Smith (AL) was low-key this year, there is now debate within the political class, civil society and the media as to the legitimacy of the Budget and the figures.

On one hand Premier Smith was claiming that his Administration is not to be blamed for leaving the country broke and even the reckless spending, something confirmed by Governor John S. Duncan OBE, but instead the Finance Minister told the public the hard times and financial struggles they feel in their daily lives were due to global economic challenges.

As many critics remain convinced that Hon Smith, who was first elected in 1999, has his 'head in the sand' about the reality on the ground, he painted in some areas a rosy picture on Monday January 16, 2017 in his six Budget Address after taking back the Finance portfolio following the 2011 general elections that saw his party gain power.

The Minister said the Virgin Islands (VI) Gross Domestic Product (GDP) has grown by 3.2% in 2016. In addition, Dr Smith said employment and average earnings have also risen steadily since 2012 to 2015 with a four percent increase (4.4%) in employment and a six point three percent (6.3%) increase in earnings. 

Primer Smith, who is the territory's sixth Minister of Finance, also boasted that in 2015 tourism increased some 22% up from 2014 that only saw a mere 1.8% increase.

Budget not legitimate? Gov’t are law breakers

However, there are now serious questions as to whether the public can believe anything coming from Dr Smith on the Budget or the territory's finances. The National Democratic Party (NDP) has continued to practice reckless disregard for law and order, as they have no regards for upholding the constitution of the British Overseas Territory.

Take for example, the Public Finance Management Act 2004 Part III article 17 (1) where it states, "it is the duty of the Minister to supervise the finances of the government to ensure that a full account of them is made to the Legislative Council."

It is now public knowledge that since the NDP government took office in 2011 not one audited financial statement has come before the House of Assembly (HoA), a clear contravention of the territory's laws.

In developed democracies elected officials are jailed or impeached for violations of the laws of the country, as they have taken an oath to uphold the laws, just like all Legislators here in the VI did.

However, despite calls by the Virgin Islands Party Opposition, His Excellency Governor Duncan and civil society, the current Administration continues to break the laws with no consequences from the United Kingdom appointed Governor.

More law breaking Public Finance Management Act, articles 32 & 33?

The Government and the Minister of Finance in particular, cannot act in contravention to the laws of the country when coming to issues of financial management. Take for example, section 32 and 33 of the Public Finance Management Act.

These two sections clearly state that the Government or any person acting on their behalf has no power to borrow money except it comes to the Legislative Council. In addition, no one has the power to give a guarantee involving the government in any financial liability unless it goes to the Legislative Council.   

In his 2017 Budget address, like that of 2012, 2013, 2014, 2015, 2016 while the Premier told the public about things accomplished, money raised via taxes and short falls on collection, the public will never know the truth to his reported figures, as the credibility is undermined without audited financial statements.

The Financial Laws & this Government 

In the Amendments to the Public Finance Management Act of 2012 in sec 45A and 45B, there are also some specific obligations. The Financial Secretary, for example, is to have tri-annual assessment on liabilities to the Government, which should be reported.

Furthermore, all major projects shall have a strategic plan and shall include a business case and appraisal according to law. There is also in law that statutory bodies must provide government with annual audit reports, debt and public private partnerships breakdowns among other items.

Many residents believe that as long as the Dr Smith led Administration continues its violation of many of the financial provisions, it will be very difficult  to gain respect both locally, regionally and internationally and it has reached the point where it has begun to undermine even the legitimacy of the Budget Address, hence the VI's financial position.

Please see the Public Finance Management Act 2014 & the amended 2012 Act attached

Public_Finance_Management_Act,_2004.docx

No._9_of_2012_-_Public_Finance_Management_(Amendment)_Act,_2012.docx

21 Responses to “With no Audited Financial Reports can we trust the 2017 Budget?”

  • No (23/01/2017, 08:35) Like (6) Dislike (0) Reply
    The answer to the question posed in the headline is a resounding NO. Would you buy a business that provided you with unaudited financial statements? How about one that had no audited statements for 7 years? This in a land of financial services where there is plenty of accounting expertise to audit the books.
    • ann (23/01/2017, 10:16) Like (3) Dislike (0) Reply
      I still cry for my country and its finances that is why we need ronnie as finance minister
  • my 2 cents (23/01/2017, 08:44) Like (1) Dislike (0) Reply
    THEY NO TRUST IS BLIND
  • dog (23/01/2017, 08:44) Like (2) Dislike (3) Reply
    My lord do not kill me!
    • dog (23/01/2017, 18:28) Like (3) Dislike (1) Reply
      what is the financial secretary doing? (and why is this person continue to use my ID?)
  • Be real (23/01/2017, 09:18) Like (22) Dislike (0) Reply
    This story is powerful
    • @ be real (23/01/2017, 18:37) Like (7) Dislike (0) Reply
      thanks for attaching the laws which I have read for myself..powerful it was!!! long live vino
  • Spy (23/01/2017, 10:23) Like (8) Dislike (0) Reply
    The NDP have a Hell of a lot to loose if they release the audits..The problem is the auditor's having a difficult time ,putting the figures together,the figures just ain't balancing..If the auditors can't get audit done for one year,how can they do 6 years? The Cruise Pier project audit is also delayed.School Children say the auditoR's want to give back the deposit ,because the public will be fainting when they show the misuse of funds..The Governor and Premier will speak the truth when the FCO take over..Governor leaving in couple months,Premier last term,"What The Hell They Got To Loose"Zero,nothing,Don't give a F about country only friends and family..
  • lily (23/01/2017, 11:31) Like (8) Dislike (0) Reply
    No we cannot trust them and where is the governor?
  • 30,000 and More (23/01/2017, 11:46) Like (10) Dislike (0) Reply
    The 30,000 and more, and businesses, and all other entities that are paying huge taxes, should be the ones to hold the 13 elected members accountable. Each was put in charge to make sure our money is spent wisely, and should be able to give answers when asked.
    It is our money,and they need to start addressing the 30,000 plus wisely.
  • Scary Mary (23/01/2017, 13:04) Like (7) Dislike (0) Reply
    I love the piece its right in some other countries these politicians would have been impeached or in jail only in the BVI you can get away with anything
  • just wrong (23/01/2017, 14:35) Like (8) Dislike (0) Reply
    No audited statements for years. Borrow money to keep government running because budget is late. And then, they want to commit over 150 Million for the stupidity of expanding the runway knowing full well that if the past practices are any indication it will cost over 300 Million. Something very wrong with this picture.
  • Zion Hill (23/01/2017, 16:49) Like (6) Dislike (0) Reply
    This is jail work me boyz
  • no silence (23/01/2017, 19:38) Like (4) Dislike (0) Reply
    This is as the Bishoo said, NDP, National Dictatorship Party. No one can tell them anything.
  • VG (23/01/2017, 19:53) Like (8) Dislike (0) Reply
    How could the percentage of jobs increase with all the jobs lost from little dix bay and biras creek and now they run bucks food market out of the marina so more jobs lost again. Who ayo tryin to fool and who gives these statistics
  • Mr.P (23/01/2017, 21:21) Like (4) Dislike (0) Reply
    I wouldn't trust the NDP to manage my piggy bank.
  • law and order (23/01/2017, 22:59) Like (7) Dislike (0) Reply
    the government and the minister law breaking is an existential threat to national security.
  • Political Observer (PO) (23/01/2017, 23:10) Like (5) Dislike (0) Reply
    A business, an organization...........etc without audited financial statements is like a ship that is adrift without a compass and a rudder. An organization cannot function effectively without audited financial statements. A budget is a blueprint for projected expenditures; whereas, audited financial statements are used to measure execution, i.e., actual against plan. Would anyone acquire a company without knowing the health of that company? Why government cannot bring the audited financial statements to the HOA?

    It is either that they were not prepared or they are afraid about what they will revealed. Is is a calculated decision. Is the cost of not releasing is less than releasing them? This is probably the same reason why Trump did not release his tax returns during the recent US presidential primary and general election campaign. He won without having to release them so he will never release them and he has said as much.



  • Comingsoon (24/01/2017, 00:03) Like (0) Dislike (7) Reply
    They never used to have any audited statements under VIP when them were building the Jericho Wall. You will get your audited statements, man. Wait till after the election. Trump still didn't release his tax records. The audited statements are being audited. Wait, nuh, man.
  • Do I Trust The 2017 Budget? (24/01/2017, 09:37) Like (4) Dislike (0) Reply
    Hell to the F@%king NO I don't!!!


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