SPEECH BY THE HON JOHN DALLI, MINISTER OF FINANCE, AT THE 4TH ANNIVERSARY CONFERENCE OF THE ESTABLISHMENT OF THE NATIONAL AUDIT OFFICE. ELLUL MERCER HALL, MEDITERRANEAN CONFERENCE CENTRE, VALLETTA
National Audit Office’s Role in Financial Control
Background
| Change is an ongoing process that is dependent upon | the evolvement of society, changes in government policies, cultural, economic and other local developments as well as changes in peoples’ attitudes towards the environment, safety and health standards brought about by the increased awareness of a more educated population. |
| Changes were and still are also dependent upon | developments being undertaken in the international sphere. |
| Although government-related institutions have been | undergoing changes to a greater or lesser degree throughout many years, the genesis for the more recent major changes can be traced back partly to a 1993 Government White Paper entitled "The Change continues…", and more recently, particularly since 1998, to Malta’s application for EU membership. |
The Change Continues – Public Sector Audit
The document "The Change continues..", however, is probably the main factor that set in motion the changes which were eventually carried out at the National Audit Office.
The document specifically proposed the modernization of the law, which regulated the powers, and functioning of the Government Auditor, with the aim not only of increasing his powers of review but also of strengthening his independence.
Through the document, the Government of the time had proposed that it was time to revise the method by which the Government’s principal Auditor was to be appointed. The functions assigned to him, as well as his relationship with the Government, Parliament and the people, also needed to be revised and updated to the then current needs of the country. It was argued that the Government Auditor must act as the citizen’s trustee by being able to examine and control Government administration and finances effectively, transparently and without any pressure or influence from any body, person or other authority.
Although the auditor’s independence was already guaranteed before 1993 (since the Independence Constitution of 1964) by the relative provisions in the Constitution of Malta, it was felt that his independence and functions needed to be strengthened further, both legislatively as well as functionally. The document therefore proposed:
- The setting up of the office of Auditor General which would have autonomous functions and powers;
- That the Auditor would have full control on the recruitment or removal of office personnel;
- That the Auditor would also report to the Public Accounts Committee of Parliament.
At the same time, a revision of the working methods and of the aim of his work needed to be undertaken. It was held that while the Auditor’s function at the time (which was to ascertain that financial regulations were to be followed) should continue to be carried out, it was considered equally important that the Auditor (who was able to observe the whole machinery of the administration) should comment critically upon the effectiveness, efficiency and economy of government-related operations, programmes and activities.
The state audit institution, together with the Public Accounts Committee, Ombudsman’s Office, Internal Audit and other bodies that have been set up or evolved since 1993, were considered to be important tools for the development of accountability, transparency and value for money in public administration.
Changes in State Audit Legislation
| The Government in 1996 undertook to carry out the | necessary changes and issued draft bills amending Section 108 of the Constitution that relates to the state audit function, as well as amending the Financial Administration and Audit Act and substituting the state audit provisions in this Act with a new State Audit Act, entitled "Auditor General and National Audit Office Act". Draft Bills amending the Constitution and the Act were issued on 17 July 1996. The Bills were significantly influenced by UK and Canadian legislation on state auditing. |
| In view of the General Elections and change of | Government in 1996, however, these Bills were not passed into law. Instead, Draft Bills amending the Constitution, removing the state audit provisions in the Financial Administration and Audit Act, and introducing the NAO Act were again introduced in May 1997 with few minor changes from the 1996 Draft Bills. These Bills were subsequently passed into law on 15 July 1997. I am happy to state that the legislation in question was approved with the bipartisan and unanimous consent of both major political parties. The changes were in line with the policy of the document published in 1993 "The change continues…" which I earlier referred to. |
Organizational Changes at NAO
Changing legislation is, of course, by itself not sufficient to ensure that things are carried out the way they should be. Legislative measures have to be accompanied by organizational changes and often by changes relating to the mentality of employees. I am aware that the Auditor General had a very difficult task to carry out the changes that were required.
Recruitment of NAO Staff
| In order to facilitate the changes that were | required, it was provided in the new legislation that the Auditor General be given statutory authority to select his staff in any way he deemed fit instead of having to depend upon the Civil Service for recruitment. The remuneration, conditions of work, staff discipline and all other matters relating to the NAO staff were also to fall under the Auditor General’s responsibility. In effect, NAO employees were to be cut off from the civil service and become employees of the National Audit Office. |
| The raison d’être behind these new legal | provisions was so that the Auditor General would not be hampered by any unnecessary bureaucracy and to avoid the previous situation when Civil Service employees were transferred to or from the state audit institution with the Auditor General having little or no say in such transfers. This had led, in the past, to the unhappy situation where many of the Audit Office’s employees were misemployed and were not suitable for audit work. |
| In view of the importance, quality of work and | technical expertise required in auditing, staff engaged with this organization needed to be professional or quasi-professional staff. This was another reason why it was felt that the National Audit Office should be an independent entity with its own procedures for recruiting staff. Furthermore, it was felt necessary, especially also in view of international conventions on state auditing, to have the Office completely cut off from the Executive, that is the same Executive on which it was bound by law to carry out its audits and reviews. |
Funding of NAO
| In order to further strengthen the independence of | the Office and give it all the necessary support required, it was decided, in terms of the amended Constitution and NAO Act, to have Parliament allocate funds directly to the NAO through a ‘Block Vote’. This system is in contrast with what is done for Government Ministries and Departments whereby funds transferred are controlled and allocated by the Ministry of Finance prior to being approved by Parliament. For the purpose of establishing the sum required by the NAO, the Auditor General now prepares an estimate of the sum that he considers to be required. |
| Such estimate is examined by the National Audit | Office Accounts Committee prior to being submitted to Parliament by the same Committee for approval. The Committee also appoints an auditor to audit the accounts of the NAO. The audit certificate is presented to the Committee who passes it to the House of Representatives with any comments thereon by the said Committee or any of its members. |
| This manner of funding strengthens the NAO’s | financial independence and at the same time ensures that the NAO’s accounts are adequately monitored and controlled. The NAO is largely in control of its own finances and can therefore organize its activities in the way the Auditor General deems fit. To date the NAO has been provided with the amount of funds that it requested with no cutbacks. Government wants the state audit institution to be a strong one with all the necessary support that it requires. |
Value for Money Audits
| I am convinced that the Office has, within a short | space of four years, registered substantial progress. It has developed into a relatively strong state audit institution, which is respected by Government Ministries and Departments and whose findings and recommendations are being given their due attention. It has developed from an institution whose main role was that of Financial Audit to one whose role now also encompasses Value for Money Audit. |
| The NAO now does not just look into the correctness | of the Government Financial Statements. It also looks into aspects of economy, effectiveness and efficiency of programmes and activities. It looks into the quality of service. I have noted with satisfaction that the Office no longer issues just one annual audit report. It also periodically issues Value for Money Reports on various themes, such as Customer Care, Government Vehicle Expenditure, Heritage Sites and Health Centres. Its reports are interesting and are a contributing factor to effecting changes that are required in the Administration. Indeed I see the Office as an agent that can identify, encourage and facilitate changes in the Public Service. |
| A strong audit institution is also important as it | can help Government bring about financial discipline to government initiatives and projects. Government's financial controls can be greatly enhanced with a well-functioning, independent and professional state audit institution. As the Minister of Finance, it is important that I am made aware of any serious shortcomings in financial control and maladministration so that my Ministry can take the necessary corrective measures. |
| In times of high Budgetary Shortfalls, the role of | the NAO increases in significance as it can assist the Administration in identifying uneconomic practices, waste, inefficiencies and other shortcomings that negatively affect the State Budget, apart from being morally unacceptable and an unnecessary and unfair burden on the taxpayer. The NAO is definitely one of the most important links in government financial control in this respect. |
Accruals Accounting
| The Government intends to introduce Accruals | Accounting within the next few years. This form of accounting will represent a radical change from the current cash based form of accounting. This will involve a major change in the reporting format of Government Departments and the Government Financial Report. |
| This change in Government's accounting system will | pose a great challenge to the NAO as it will need to carefully monitor the changeover in the accounting and financial reporting systems of all government bodies. The accruals accounting system will also require, more than ever before, that its examiners are professional staff who are well versed in accruals accounting and in interpreting them. I can state here that the NAO greatly contributed to the concept of introducing accruals accounting within Government. For several years, the NAO had been mentioning in its annual Audit Reports the importance and benefits of accruals accounting and the existing shortfalls that concerned the current cash based accounting system. In this respect, it can be said that the NAO has served as an agent of change, something which I believe should be one of its main objectives. |
Public Accounts Committee
I would like to say something now about the Public Accounts Committee, of which I have had some experience in the past as a member and as its Chairman.
The NAO, together with the Public Accounts Committee, are acting as guardians to Government finances and activities. The PAC, established six years ago, together with NAO, are important tools in accountability and transparency and control of the public sector. The PAC helps to ensure that audit findings are acted upon by the auditees and are brought to the attention of Parliament. Audit report findings have definitely started being given more weight since the establishment of the PAC. I can say this from my own experience as Chairman of the PAC way back in 1996. I can also state that the establishment of the PAC had indirectly also prompted the then Audit Department to improve the quality of its report.
EU Acquis Communautaire Chapter 28 – Financial Control
Finally, I would like to make some mention on Chapter 28 on Financial Control of the EU Acquis Communautaire that has been closed a couple of months ago. The report on this Chapter positively noted that the NAO is completely independent of the Government. It noted that its financial and operational independence is established by the Constitution and by the NAO Audit Act, that it has the power to audit all the public finances and obtain all the information required for its audits. It also positively noted that the Auditor General is nominated by the Parliament and submits its audit reports to the Speaker of the House of Representatives and that Hearings on the audit results are held by the PAC. The EU also welcomes that INTOSAI (International Auditing Standards for Supreme Audit Institutions) are used as guidelines for the functions of the NAO. The President of the European Court of Auditors in a recent visit to the NAO also noted with satisfaction that the NAO was well organized and properly performing its role as a State Audit Institution.
Conclusion
It is encouraging to note that following the legislative changes that were carried out in 1997 and the subsequent organizational changes carried by the Auditor General, the NAO is undergoing the necessary changes required for a modern state audit institution. I believe that the NAO is on the right track. There is of course still a lot to be done by the Office to bring it up to scratch with today’s realities and circumstances. For instance, it still needs to be beefed up with more professional staff. However, the positive certificate given by the EU on the NAO as well as the evident improvement in audit reports in these past few years show that the Office is a strong state audit institution that is capable of facing current and future requirements in the state auditing function.
Thank you.
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