Let’s find a way to make procurement rules efficient
Somehow or other, Jamaicans and their leaders need to get to a stage at which public sector procurement rules are not more of a hindrance to progress than anything else.
We have heard repeatedly of bureaucratic red tape preventing vital projects from being done in a reasonable time, efficiently, and within budget.
Now we hear from the refreshingly outspoken Chief Justice Bryan Sykes and a clearly frustrated Justice Minister Delroy Chuck that procurement rules — largely intended to curb widespread corruption — are slowing down the urgent task of modernising our courts.
Our Thursday edition related a story told by Justice Sykes of how an effort to acquire crucial computerised and other digital equipment for use in court collapsed because of cumbersome rules.
As told by the chief justice, after a tendering process, “three [aspiring suppliers] turned up. We took them through the process and one was left standing. We leased the equipment from the person, but having regards to the cost…We decided to say, ‘let us buy the equipment…’ ”
However, those in charge said, “No, no, no, you need to do over the process and open it up… The end result was that [the courts] don’t have the equipment, we didn’t get the training, and we ended up paying funds that could purchase the system three times. That is what the procurement process produces…”
In another case, Justice Sykes said efforts to upgrade air-conditioning units are still to bear fruit after a year, even though a supplier was found with the required equipment.
According to the chief justice, “There was nothing to suggest that the person [supplier] is a rascal or anything like that…” However, those overseeing the process said. “No, no, no, this person that you have selected is not a grade one or a grade two provider. Having regard to the size and so, you have to go with a grade one or grade two.”
A provider with the requisite credentials was identified. However, according to Justice Sykes, “…That person had no money to execute the contract, no air-conditioning units, so the end result was no air-conditioning units in the areas that need it…”
And, a “fed up” Mr Chuck is reported as saying that, though funds have been allocated for an integrated electronic case management system, the project has been stalled because of red tape.
“To the best of my knowledge, the matter is still going around [in] the various departments, everywhere [including] the Ministry of Finance, before this matter can go to Cabinet,” the minister was reported as telling
RJR.
Despite the annoying hindrances, the leadership of the courts and the justice ministry deserve praise for progress in recent years in terms of expediting trials in Jamaica’s traditionally snail-paced court system.
Justice Sykes tells us that the Appeal Court is now disposing of more cases than are “coming in”.
That process, we suspect, would accelerate by leaps and bounds across the court system should modern methodologies become part and parcel. That’s including Justice Sykes’s recent announcement of digital recordings of Supreme Court proceedings, which are set to begin in April.
More reason, as Prime Minister Andrew Holness and others have said, for ways to be found to minimise red tape even as we strive to counter thievery.
It won’t be easy, but solutions must be found.