BY NED GAGAHE
Chief Executive Officer (Acting) of the Solomon Islands Electricity Authority (SIEA), Delilah Homelo, highlighted concerns during the hearing on the State-Owned Enterprises (Amendment) Bill 2024.
Appearing before the Bills and Legislation Committee (BLC) last week, Acting CEO Homelo presented five comments during her appearance before the committee.
“The first one is on the consolidation of ownership and monitoring responsibility that will now sit with the Minister of Finance alone. Under this bill, the Minister of Finance may direct the Board regarding the statement of corporate objectives. The Board shall be accountable solely to the Minister of Finance. The Minister of Finance shall exercise the powers available under the SOE Act. We do not anticipate that the amendment will have much impact on Solomon Power, as the Minister of Finance is expected to exercise these powers consistently with government and cabinet policy.”
Acting CEO Homelo stated that the SOE Act provides governance for state-owned enterprises. Given that the principal objective of a state-owned enterprise is to operate as a successful business and to be profitable and efficient it seems practical for the Minister of Finance to have this oversight role under the SOE Act.
She added that the Electricity Act, which establishes Solomon Power as a statutory corporation and provides for its statutory functions and duties, remains in force despite the amendment to the SOE Act.
Homelo also stated that under the Electricity Act, the Minister of Mines, Energy and Rural Electrification has certain powers, including the right to receive advice from Solomon Power on all matters related to generation, transmission, distribution, and use of electricity, as well as to receive statements of accounts, allow reports, determine appeals against the revocation of licenses, and make regulations based on recommendations from Solomon Power.
Regarding community service obligations, Homelo stated that under this Bill, the responsible Minister’s power to direct a SOE to provide a community service has been removed.
“Instead, a SOE must comply with prescribed procedures for proposing, costing, and authorizing the provision of community service obligations. Solomon Power’s comments on this amendment reference Section 24 C of the SOE Act. The Minister of Finance has the power to make regulations for directing a state-owned enterprise to provide community service obligations pursuant to Section 8 of the SOE Act.
“However, by Clause 12 of the Bill, Section 24 C will be omitted, and therefore it is unclear where the power to make regulations for the purpose of Section 8 will come from. This should be clarified. Furthermore, under the Bill as drafted, it appears that the provision of community service obligations is to be proposed by the state-owned enterprise rather than by the Minister. This should also be clarified.”
CEO Homelo explained that the community service obligations defined under the SOE Act include providing goods or services to customers or users on terms that are not expected to generate a normal return to the SOE.
“In essence, the provision of community service obligations may conflict with the principal objective of a state-owned enterprise, which is to operate as a successful business and to be profitable and efficient. Therefore, when providing community service obligations, it is critical to maintain the right balance to avoid risking the sustainability of the SOE. We would like to know what the prescribed procedures regarding community service obligations will be.”
Her third comment was on the evaluation and remuneration of directors and the election of the chairperson and deputy chairperson.
“Under the Bill, the Minister of Finance may make regulations for the selection, appointment, reappointment, evaluation, remuneration, removal, and disqualification of directors of a state-owned enterprise. The additions specifically relate to the evaluation and remuneration of directors. The Minister of Finance may also regulate the election of the chairperson and deputy chairperson of the Board of a state-owned enterprise. Solomon Power welcomes these amendments, as they appear to strengthen governance, and we are interested in knowing what the regulations, particularly regarding these amendments, will entail.”
CEO Homelo’s fourth comment addressed the publication requirements for documents tabled in Parliament.
“Under this Bill, the state-owned enterprise must publish the same document or information within one week after it is tabled in Parliament, by publishing a summary in a newspaper, on a website maintained by the state-owned enterprise, and making copies available free of charge at the offices of the state-owned enterprise. Solomon Power welcomes the removal of the requirement to publish in the Gazette, but we do not have direct control over publications in the Gazette, as this is a matter for the government.”
Lastly, Mrs. Homelo discussed the personal policy provisions, including those on discrimination.
She explained that under the Bill, a provision will be included in the personal policy of a state-owned enterprise to ensure there is no discrimination on the grounds of gender, race, place of origin, political opinion, color, or creed.
The Acting CEO said Solomon Power’s comments on this amendment highlight that the SOE Act requires state-owned enterprises to have personnel policies that ensure fair and proper treatment of all employees. Solomon Power does have policies that ensure there is no unjustified discrimination.
However, she noted that there may be instances where certain policies and practices might be perceived as discriminatory.
“For example, in recruitment, diversity in the hiring of employees in terms of gender, race, and place of origin may be encouraged. Additionally, as Solomon Power is an essential service, employees in certain fields may need to work late and on weekends. Therefore, clarification is needed on what types of discrimination are prohibited and which may be accepted and thus lawful.” She said.