Non-compliance

 

Declaration of Direção-Geral do Tesouro e Finanças’s non-performance of its duty to provide information

 

The Portuguese Public Finance Council (CFP) hereby publicly declares that Direção-Geral do Tesouro e Finanças (DGTF), integrated in the Ministry of Finance, has failed to comply with its duty to provide information.

 

The Statutes of the Portuguese Public Finance Council, approved by Law no. 54/2011 of 19 October, as amended by article 187 of Law no. 82-B/2014 of 31 December, state in paragraph 1 of Article 8 (Access to information) that: “The Council shall have access to all the economic and financial information necessary for the accomplishment of its mission and all public entities are duty bound to supply this information in good time, as well as additional clarification in response to requests.”

 

Furthermore, paragraph 5 of the same Article states that: “Should any public entity not fulfil the duty of providing the information in good time, this shall be stated on the Council’s webpage.”

 

In light of the above the Senior Board of the Portuguese Public Finance Council hereby publicly declares that  DGTF, which is part of the Ministry of Finance, has repeatedly failed to comply with the provisions of the aforementioned legal provision, in relation to the information that the CFP requires to undertake its tasks, namely that of "assessing the economic and financial situation of entities in the State-Owned Enterprises and their potential impact on the consolidated situation of public accounts and their sustainability" (cf. Article 6(f) of the same Statutes).

 

Despite repeated requests by various means on a number of occasions, the DGTF has not satisfied the request to provide information on the State-Owned Enterprises. The data requested and not provided is as follows:

 

1. Access to the information system of the State-Owned Enterprises “Sistema de Informação do Setor Empresarial do Estado” (SISEE) by creating a user account for this purpose; 
2. Information concerning the approval of corporate governance reports of State-Owned Enterprises entities; 
3. Information regarding the approval of activity plans and budgets of State-Owned Enterprises entities;
4. Clarifications to the issues raised by the CFP regarding the public companies CP, RTP and SUCH - Serviço de Utilização Comum dos Hospitais.

 

It should be added that this data was not available for consultation on the DGTF website, accessed on March 18, 2024.

 

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Declaration of Instituto de Informática, I.P.’s non-performance of its duty to provide information in good time

 

The Portuguese Public Finance Council (CFP) hereby publicly declares that Instituto de Informática, I.P., which is part of the Ministry of Labour, Solidarity and Social Security, has failed to comply with its duty to provide information in good time.

 

The Statutes of the Portuguese Public Finance Councils, approved by Law no. 54/2011 of 19 October, as amended by article 187 of Law no. 82-B/2014 of 31 December, state in paragraph 1 of Article 8 (Access to information) that: “The Council shall have access to all the economic and financial information necessary for the accomplishment of its mission and all public entities are duty bound to supply this information in good time, as well as additional clarification in response to requests.”

 

Furthermore, paragraph 5 of the same Article states that: “Should any public entity not fulfil the duty of providing the information in good time, this shall be stated on the Council’s webpage.”

 

In light of the above the Senior Board of the Portuguese Public Finance Council hereby publicly declares that  Instituto de Informática, I.P, which is part of the Ministry of Labour, Solidarity and Social Security, has repeatedly failed to comply with the provisions of said Statutes as regards information the CFP requires to undertake its tasks “Analyse the dynamics of existing commitments, with special emphasis on the pension and health systems […]including an assessment of their implications for the sustainability of the public finances”, as required by subparagraph d) of Article 6 (Tasks) of its Statutes.

 

Despite making repeated requests by various means and on a number of occasions, the said Institute has not satisfied the request to provide information monthly on persons making contributions and persons receiving pensions.

 

The information requested and not received is as follows:

1. Number of individuals, the amount of their declared earnings, average monthly earnings and contributions paid by category (Total, Employees, Self-Employed Persons, Members of Governing Bodies, Persons in Domestic Service and Voluntary Social Insurance) identifying, where available, the bank employees;
2. Total pensioners and new pensioners per month, by scheme (General Scheme, Rural Transitional Scheme, Special Social Security Scheme for Rural Occupations, Non-Contributory Scheme and Bank Employees) and, also per month, new pensioners receiving an unemployment related early pension or a voluntary early pension.

 

It should be noted that these figures were not available for consultation on the Social Security website on 5 July 2017.