Andorran Government will have to justify again why it refuses to hand over BPA’s accounts
Sindicatura recorda a l’Executiu que el nou reglament del Consell General considera preferent el dret dels parlamentaris a accedir a la informació necessària per exercir les seves funcions
The Andorran Government will have to respond again over its refusal to provide the Social Democratic parliamentary group with the financial statements and accounts of Banca Privada d’Andorra (BPA) for the period between 2014 and 2023. The General Council’s governing body, Sindicatura, has accepted the PS’s request for parliamentary protection and referred the matter back to the Executive.
According to RTVA, the Síndic General, the speaker of the Andorran parliament, has sent a letter to the Government reminding it of the provisions of the General Council’s new rules of procedure, specifically Article 5, which concerns MPs’ right of access to information.
The provision establishes that parliamentarians’ right to obtain the information necessary to perform their duties takes precedence, an issue that is particularly relevant to their role in scrutinising and overseeing the actions of public authorities.
Government had refused to provide the documents
Sindicatura’s intervention comes after the Government refused to provide the PS with the requested BPA accounts and financial statements.
The Executive argued that BPA is a private entity and cited the confidential nature of the requested information. The Government’s response was also based on the position of the State Agency for the Resolution of Banking Institutions (AREB).
Following the refusal, the Social Democratic parliamentary group decided to submit a request for protection to the Síndic General, arguing that the Government’s response could infringe the rights granted to members of the General Council under the new parliamentary rules.
The PS maintains that the new framework specifically strengthens the ability of elected representatives to obtain documents when they are necessary to carry out their duties of political oversight and scrutiny of the public administration.
Matter sent back to the Government
Sindicatura’s decision does not, at least for the time being, mean that the Government has been directly ordered to hand over BPA’s accounts. Instead, the Síndic has accepted the request for protection and reminded the Executive of the provisions in the new parliamentary rules safeguarding MPs’ right of access to information.
The matter is therefore back in the Government’s hands, and the Executive will have to provide a new response to the PS’s request, taking into account Sindicatura’s reminder.
The issue will become particularly significant if the Government decides to maintain its refusal. In that case, it will have to explain how the confidential status it attributes to BPA’s documentation can be reconciled with the priority right of access to information established under the General Council’s rules of procedure.
The Social Democrats have already warned that, if the Government rejects the request again, they will continue pressing for access to BPA’s accounts.