Ventilator corruption: Minister refuses to answer MPs questions

Finance minister Ibrahim Ameer on Monday refused to answer questions on how funds were released to a foreign company in advance, before the health ministry had received the ventilators they had purchased during the Covid-19 pandemic. As an excuse, he said that the case was now in arbitration.

 Ameer was summoned to the parliament on Monday to answer questions raised by MP from Vilufushi Constituency Hassan Afeef regarding the ventilator scam. Afeef's question was:

Replying to these questions, Ameer said that the audit report released by the Audit Office in August 2020 on the scam did not mention that the Finance Ministry had committed any violation of law and order. In this case, the Anti-Corruption Commission (ACC) has further fulfilled the requirements of the ministry to improve the procurement system, Ameer said.

The minister also said that the Parliamentary Standing Committee on Public Accounts, which examined the matter, would have been briefed in detail about what had happened.

"The investigating agencies have not been asked to take action against any employee of the ministry in connection with the case," Ameer said.

Following Amir's reply, the chair allowed Afeef to ask another question. Stating that it is the responsibility of the Finance Minister to ensure that the provisions of the State Finance Act are fully implemented, Afeef said that as per information from former employees of the ministry, Ameer first asked for the release of ventilator money to a private person's account.

"When the system rejected it, you instructed the money to be released to the Executors. Isnt this how it happened?," Afeef asked.

Replying to the question, Ameer said it was "not something he knew". Later, when other members repeatedly asked the question, Ameer denied the allegation.

Kudahuvadhoo MP Ahmed Amir, who questioned after Afeef, asked the minister whether MVR 31 million was released in advance to the executors in accordance with the Public Finance Act and regulations. Ameer did not answer the question.

"The case has been filed for arbitration. Any further discussion of the arbitration may have some effect on it. So, I can't talk about it." Ameer said.

The government entered into an agreement with the Executors in April 2020 for MVR 34.50 million to procure 75 ventilators.

Last week, the government approached the Maldives International Arbitration seeking MVR 32 million as damages in the case.

Despite repeated queries from members whether the money was released in advance as per law and order, Ameer refused to respond. When Ameer did not respond to it, MDP members from Nasheed’s faction, including Amir of MDA, as well as opposition members, argued that it should not be taken out and the question should be answered.

"Having a problem with arbitration will not deter any information that should be provided to this Parliament,'' Nasheed, who was in the chair, said in response to one of the members' systemic objections.

"Arbitration cannot be declared a judicial court. Here, the responses and discussion is hampered by the pendency of cases in the courts of law."

Amir, who belongs to the MDA, who plans to forge an alliance with President Ibrahim Mohamed Solih for the upcoming presidential elections, said his question was not about arbitration. Amir said the finance minister should be able to say whether the money was released in advance as per law or not.

"I would like to say with great apology that I can only respond to that question along with the referral from the Attorney General's Office as well," minister Ameer said.

After taking another systemic stand, Amir said it was incumbent on the minister to be answerable to parliament on certain grounds as per the Constitution. Trying to dodge the question by calling out that the case is in arbitration, Amir said it is not acceptable.

"The entire case seems to depend on the one in arbitration. He can't say anything here in the parliament because of it, if that's what he is saying," Amir said.

If he did not answer the question saying it was in arbitration, why did he not seek the attorney general's advice before coming to parliament? He said it was not in the spirit of the Constitution to be answerable to parliament after consulting the Attorney General.

"So, the ministers should always seek advice from the Attorney General's Office before speaking on this floor. A bad rule is being set here," Amir said.

Reacting to Amir's remarks, Nasheed said such a rule was not established in parliament and that members "know how to respond when a minister violates the rules".

"We all want the arbitration case to be successful and get the money where we didnt get the ventilators. Then to do something that affects the case in any way, I don't think even honourable members [or] someone in any government job should do," Ameer said.

"We are ready to be fully accountable to the honourable members. I will answer every question that is asked with utmost honesty."

The information revealed by the Audit Office in the Parliament's Public Accounts Committee, which examined the issue, shows:

Hulhudhoo MP Ilyas Labeeb said that as per the public finance rules, more than 15% of the contract price can be released in advance after obtaining permission from the finance minister in writing. He asked if such permission had been granted.

"I must have allowed the issuance of advance payment. I have not allowed advance payments to be issued without a guarantee," Ameer said.

When asked about it, Ameer said, "I have given a lot of details in the Public Accounts Committee. He described his summoning and questioning in parliament as a "big political movement".

ACC has sent several requests to the Prosecutor General's Office seeking prosecution of former senior officials of the ministry, including the then Health Minister Abdulla Ameen, in connection with the ventilator scam. However, no chargesheet was filed on the ground of lack of sufficient evidence.

Last but not least, in December this year, the ACC had sent a request to the PG to prosecute three persons, including Ameen. However, the prosecution is yet to take a decision on filing the chargesheet.