Audit Office says proposed government changes an attempt to gag

The Audit Office has lashed out at the government, saying that Wednesday’s decision to turn the service into an court of audit was an effort to “manipulate” it and “gag the auditor-general”, at a time when a request for the auditor-general’s dismissal is in court.

If the government tables such a bill, the Audit Office will turn to the political parties to uphold the existing constitution.

It reminded that the model of the service is provided for in a fundamental article of the Constitution.

“Yesterday’s decision by the cabinet obviously constitutes an effort to gag the auditor-general. The word modernisation is used by the government for communication purposes,” the Audit Office added.

It said the model Cyprus has in place is the most successful worldwide – used in countries such as the United States, Canada, Australia, the United Kingdom and Israel to name a few – and the one most EU countries applied.

“So, what is being attempted is not modernisation, but backtracking aimed at manipulation,” the Audit Office said.

“The government wants to appoint three people it trusts, who will have the majority and will control the reports of the Audit Office – this is the substance of the so-called modernisation.”

The Audit Office said that “if the government insists and the bill is indeed submitted, we intend to turn to all parliamentary parties.”

“We believe that everyone will realise that what is being attempted is unheard of.”

It said that “our last line of defence will be the Constitution and the fact that the model of our Office is provided for in a fundamental article.”

The first paragraph of article 115, it said, stipulates that the Audit Office comprises two officers – the auditor-general and the deputy auditor-general.

“This paragraph is included in Annex III and according to article 182 anything in this Annex is a fundamental article of the Constitution and cannot in any way be amended by alteration, addition or deletion,” the Audit Office said.

The cabinet on Wednesday approved a set of bills which, if passed, will change the face of Cyprus’ Legal Service and Audit Office.

The government says the bills constitute “modernising” reforms, with the powers of both the attorney-general and the auditor-general set to be reined in.

The government said the legal service’s modernisation will entail a separation of the attorney-general and deputy attorney-general’s powers by establishing two new roles: those of a director of public prosecutions (DPP) and a deputy.

The government outlined that the attorney-general will remain as the state’s legal adviser and the head of the legal service, while the DPP and their deputy will undertake the attorney-general’s current responsibilities relating to public prosecutions.

In addition, the legislation relating to the legal service includes a maximum term length for all four roles, which, the government says, has been written “in line with the recommendations of various European and international bodies,” including the European Commission, the Group of States against Corruption (Greco), and the Council of Europe.

These changes, they said, will require amendments to the constitution’s provisions regarding the attorney-general’s role.

On the matter of the Audit Office, the government said they will establish an “audit court”, which will be composed of the auditor-general, the deputy auditor-general, and three other people.

Similarly to the attorney-general, the DPP, and both deputies, the government also drafted a bill to stipulate maximum term lengths for the auditor-general, the deputy-auditor general, and the three other audit court members.

The government said those arrangements are aimed at “further strengthening the independence, efficiency, and collegiality in the implementation of the Audit Office’s work”.