MP Gumbs Submits Draft Financial Legislation to Minister Finance

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Manifesto Dealbreaker Point Met

PHILISPBURG – Party for Progress member of Parliament Melissa Gumbs submitted draft legislation to the Honorable Minister of Finance, Marinka Gumbs, on Thursday, 15 August 2024. The packet of legislation contains draft amendments to the National Ordinance on Accountability and a draft national decree containing general measures (LB-HAM) that is related to the organization and execution of government tenders. 

“This is a milestone for PFP, as this LB-HAM has been something we have questioned the previous government about,” Gumbs said, “and something we’ve championed within this current government.”

The Accountability Ordinance contains some regulations for the spending of public funds but has also required the establishment of a national decree to properly regulate the issuance and execution of tenders. To date, no government has taken the proactive step of addressing this requirement and it has led to confusion and a lack of transparency of tendering. Most recently this resulted in the 2022 systemic investigation report into the tendering and awarding process for the garbage and waste collection contracts. The report implied that there were unclear practices applied and that there was the possibility of nepotism and corruption involved with this process; as a result, PFP then brought a motion of no confidence against then-Minister of VROMI Jurendy Doran.

“We have said, since the party first started, that the first step towards building a better St. Maarten is regulating the way public money is managed and spent,” Gumbs said. “For any developing nation, that is the most important step. When money goes missing, is not properly accounted for or is lost due to delayed communications, it makes an impact on how we can develop. Tendering is one of the primary ways government spends money, for waste management, trenching and road cleaning, marketing, maintenance, you name it. So, it would make sense to regulate this properly.”

Gumbs stated that after further review during the research and planning stages for this legislation, it became apparent that some amendments to the Accountability Ordinance were needed. The amendments proposed by Gumbs and PFP are to modernize the ordinance and make it possible for the Government to execute the LB-HAM, once it is established, which Gumbs explained in her cover letter. Minister of VROMI Patrice Gumbs was also present when she presented the packet to the Minister of Finance. 

“One of the ministries that will benefit most from this legislation is VROMI,” MP Gumbs explained. “As such, I found it important to have Minister Patrice Gumbs briefed on the contents. The draft decree, for example, focuses heavily on professionalizing the tendering process and including the support of local companies as frequently as possible.” 

Gumbs noted in her cover letter that she was submitting the legislation packet to the Ministry of Finance to allow for the legislative trajectory to begin and for it to receive proper attention via Government’s legal resources. It will also ensure that the packet’s journey continues, regardless of mitigating factors. 

“At the start of this governing term, despite how brief it has been,” Gumbs said, “Minister Marinka Gumbs inquired if there was any significant item in Finance that the PFP faction, as coalition partner, were interested in seeing come to fruition. Our response was exactly this: the LB-HAM to regulate tendering, as one of our championed points and one of our manifesto dealbreakers. I extend my deepest appreciation to the Minister of Finance and the Minister of VROMI for their willingness to receive this packet and for taking this first step on the way towards better oversight and control of public spending for St. Maarten.”