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Public Accounts Committee

69. (1) There shall be a Public Accounts Committee which shall consist of—

(a) a chairman and one other member appointed by the Governor, acting after consultation with the Elected Members of the Legislative Council, from among persons who are not Members of the Council; and

(b) three Elected Members of the Legislative Council, who shall be elected by the Council by a majority of the votes of all its Elected Members.

(2) A person may be appointed or elected under subsection (1) for any period not exceeding four years.

(3) A member of the Public Accounts Committee shall vacate his or her seat on the Committee—

(a) at the expiration of the period for which he or she was appointed or elected;

(b) if he or she resigns office by writing under his or her hand addressed to the Governor;

(c) in the case of an appointed member, if he or she becomes a Member of the Legislative Council or if he or she is removed by the Governor, acting after consultation with the Elected Members of the Council; or

(d) in the case of an elected member, if he or she ceases to be a Member of the Legislative Council or if he or she is removed by resolution of the Council.

(4) If in respect of any item of business before the Public Accounts Committee the Governor, acting after consultation with the chairman of the Committee, considers that a member of the Committee has a conflict of interests, the Governor, acting after consultation with the Elected Members of the Legislative Council, may appoint another person temporarily to replace that member of the Committee for the purpose of dealing with the business in question; and a member so replaced shall not sit on the Committee when the Committee is dealing with that business.

(5) The Public Accounts Committee may invite any person to assist it in its work and to participate in its proceedings.

(6) The Public Accounts Committee shall examine and report to the Legislative Council on—

(a) the annual statement of accounts as audited by the Chief Auditor and laid before the Council; and

(b) such management letters and reports of the Chief Auditor as have been laid before the Council or as the Chief Auditor has brought to the attention of the Council; and shall have such other functions, and shall operate under such procedures, as may be prescribed by Ordinance or by Standing Orders of the Council. 

(7) The Public Accounts Committee shall have power—

(a) to summon any person to appear before it; and

(b) subject to the provisions of any law, to require any person so summoned to answer questions and to provide information to the Committee.

(8) The Public Accounts Committee shall report to the Legislative Council by the date set by the Council or by its terms of reference, whichever is the earlier; and except as otherwise provided in the Committee’s terms of reference, such a report may be with or without recommendations.

(9) If the Legislative Council adopts a report of the Public Accounts Committee, and requests the responsible member of the Executive Council to advise the Legislative Council of the action proposed to be taken by the Government of St Helena in respect of the report, the member concerned shall convey the Government’s response to the Council not later than the first sitting day following the expiration of six weeks after the date of the Council’s request, unless the Council extends the time for the response.

(10) In the exercise of its functions, the Public Accounts Committee shall act independently and shall not be subject to the direction or control of the Governor, the Executive Council or any other person or authority. 

Public Accounts Committee (Procedure) Ordinance, 2019

Arrangement of Sections

1. Short title

2. Interpretation

3. Quorum

4. Casting Vote

AN ORDINANCE to further make provision for the procedures under which the Public Accounts Committee will operate pursuant to section 69(6) of the St Helena, Ascension and Tristan da Cunha constitution order 2009.

Enacted by the Governor of St Helena with the advice and consent of the Legislative Council of St. Helena. 

Short title 

1. This Ordinance may be cited as the Public Accounts Committee (Procedure) Ordinance, 2019. 

Interpretation 

2.   In this Ordinance, unless the context otherwise indicates— 

“chairman” means the chairman under section 69 (1) (a) of the St Helena, Ascension and Tristan da Cunha Constitution Order 2009;  

“member” means a person appointed under section 69 (1) of the St Helena, Ascension and Tristan da Cunha Constitution Order 2009 except the chairman; and

“Public Accounts Committee” has the same meaning as that provided in the St Helena, Ascension and Tristan da Cunha Constitution Order 2009.  

Quorum 

3. (1) The quorum of the Public Accounts Committee must consist of—

(a) the chairman; and

(b) any other two members. 

(2) No decision with respect to the business of the Public Accounts Committee is to be made unless a quorum is in attendance. 

Casting Vote  

4. If for any reason, the chairman and members are required to vote to make a decision with respect to the business of the Public Accounts Committee, the chairman shall have a casting vote if the votes are evenly divided. 

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EXPLANATORY NOTE 

(This note does not form part of the Ordinance) 

This Ordinance makes provision for the constitution of a quorum for the meetings of the Public Accounts Committee. 

Public Accounts Committee

Rule 1. Supplementary to section 69 

This Order makes provisions supplementary to those in section 69 of the Constitution. 

Rule 2. Functions 

The functions of the Committee are— 

(a) to consider, and to report thereon to the Council as often as, in the opinion of the Committee, it is in the public interest to do so, but not less than once in every year— 

(i) published annual accounts of the Government and such other accounts as are from time required under any rule of law to be laid before the Legislative Council; 

(ii) management letters issued by the Chief Auditor on the accounts of the Government, and such other management letters issued by the Chief Auditor as are required to be laid before the Legislative Council on other accounts; 

(iii) any summary reports issued by the Chief Auditor for the Committee in relation to any examination by the Chief Auditor relating to the economy, efficiency and effectiveness of any Government department or public body; and 

(iv) any other matter of importance or urgency which, in the opinion of the Chief Auditor, is required to be brought to its attention; and 

(b) to request that the Chief Auditor, or any other suitable person or review body, conducts specific examinations relating to any element of the economy, efficiency and effectiveness of any Government department or public body. 

Rule 3. Referral to Committee 

Every management letter, account or report of a type mentioned in Rule 2 shall be deemed to have been referred to the Committee as soon as it is ordered to lie upon the Table. 

Rule 4. Regulation of procedure 

The Committee may regulate its own procedure but shall do so generally in accordance (so far as applicable to the work of the Committee) with the procedure adopted in a Committee of the Whole Council.   

Rule 5. Informal business 

For the avoidance of doubt, it is declared that the Governor’s consultation with Elected Members as to the appointment or removal of those Members of the Committee who are not Elected Members is not formal business of the Council and should be conducted informally. 

Rule 6. Meetings 

The Committee shall meet at such places, dates, and times as the Chairperson shall appoint, and the meetings shall be open to the public; 

PROVIDED THAT the Committee may meet in camera if the nature of any item of business is, in the opinion of the Chairperson, more suitable to be dealt with in private. 

Rule 7. Reports 

The reports of the Committee shall be presented as Papers and may be so presented by any of the Elected Members who are members of the Committee.