Canti replies to the accusations of lies
It is unacceptable, especially by those who do not know the facts, to be accused in the press of having “lied to the Grand Council and General and to the citizens” and intolerable, the accusation, “of having read – in the final approval, in Great and General Council, of the Draft Law Provisions regarding the Boards of Statutory Auditors and / or Auditors of the appointment of the CGG – a short passage of a report of the Board of Statutory Auditors (in this case the 05/2021) omitting, however, the integral reading and then decontextualizing it ”
With reference to the press release of Repubblica Futura published by the newspaper “l’Informazione” and the subsequent press release signed by the representatives of the AASLP Board of Statutory Auditors and of the Civil Aviation and Maritime Navigation Authority, I believe it is necessary and useful to respond , to better understand the reality of the facts for citizens.
THE CRITICISM. The undersigned, has been accused on several occasions by the exponents of “Repubblica Futura”, of having ousted the auditor of the AASLP (in the figure of Mr. Danilo Delvecchio) and of having “lied to the Council and to the citizens” – arousing a position also by the same Statutory Auditor – after having provided the Board on the facts by reading, at the time of definitive approval in the Great and General Council of the Bill “Provisions concerning the Boards of Statutory Auditors and / or Auditors of the appointment of the CGG”, of the relevant parts of the minutes n.05 / 2021 taken by the Board of Statutory Auditors of the AASLP in the session of 30/03/2021.
THE REALITY OF FACTS. In the first place I would like to highlight how, beyond the sterile controversy raised, the will of the Great and General Council in approving the Law of 18 March 2022 n. 37 was to insert minimum requirements of professionalism for the members of the boards of statutory auditors of public bodies, namely the registration in the register of chartered accountants / lawyers as well as the registration of at least two members in the register of accountants. This is in order to standardize the requirements for being part of these control bodies with those already in force for companies, especially for the AASS for which it was already envisaged from 2019.
I would like to clarify that, in a completely unreasonable way, before Law no. 37/2022, the members of the AASLP board of statutory auditors can generally be members of persons with specific experience and technical and administrative competence (Article 8 of Law No. 88 of 26 November 1980), without any respect for the required professionalism. After having raised the dubbing on the loss of the requirements of the Mayor, Rag. Danilo Delvecchio, during the meeting of the AASLP Board of Directors on 24 March 2021, as stated in the minutes 05/2021 which – the same Board of Statutory Auditors issued in its press release – and which I subsequently report in full: “In the light of what emerged during the Board of Directors of the State Agency for Public Works (AASLP) on March 24, also following the intervention of the Secretary of State for the Territory, the Board deals with the situation relating to the Mayor Danilo Delvecchio, who, only on the occasion of a meeting on Friday 19 March last, declared that he had been canceled from the Order of Chartered Accountants and Accounting Experts (ODCEC) as of 31 October 2020, the same had pointed out that having ceased his activity as an accountant, but that this change would not have “compromised anything for the purposes of the requirements of the supervisory body …”. (the following part has already been published in the press release of the Board of Auditors).
“The Board of Statutory Auditors believes, pursuant to Art. 61 of the Delegated Decree no. 46 – Coordinated text of Law no. 47 “Law on Companies” and subsequent amendments, that the Mayor Danilo Delvecchio no longer has the requisites to participate neither in the Board of Directors of the AASLP, nor in the Committee of the Civil Aviation and Maritime Navigation Authority or in the meetings of the Board of Statutory Auditors, if the orientation of the Institutional Secretariat is valid, which when asked by the Mayor Delvecchio would have replied verbally “for some time the Great and General Council has taken this address to refer to art. 61 DD 46/2011 for the purposes of the requirements for the appointment of Statutory Auditors in Public Companies and therefore he cannot continue to hold this office “. Having said that, it is in any case necessary to indicate that, what has been done up to his declaration of cancellation from the ODCEC from the date of October 31st, he cannot be considered invalidating the work of the Board of Statutory Auditors “. From the minutes reported in full, it is clear what the Board of Statutory Auditors’ intentions are towards the Statutory Auditor Danilo Delvecchio following the interpretation given verbally by the Institutional Secretariat and how, on that verbal opinion, the Board of Statutory Auditors and the Board of Directors of the AASLP referred, applying it, until the next interpretation provided by the opinion of the State Attorney. As further confirmation, in the Board of Directors of AASLP of 28 April 2021 (as can be seen from the excerpt of the minutes of the same board of directors), following the presence of the Mayor Delvecchio in the same session, the Chairman of the Auditors, Rag. Milena Bizzocchi, stated “that in this sense an opinion has been requested from the State counsel and from the Institutional Secretary and specified that on the guidance of the Institutional Secretariat the Mayor Delvecchio must not be present as he currently lacks the legal requirements” thus reconfirming what previously expressed in the minutes of the Board of Statutory Auditors no.05 / 2021.
Another Mayor in the session of 14 July 2021 also reported that, “given the regulatory uncertainty regarding the forfeiture of Mayor Delvecchio, it was considered as a precautionary measure to apply the suspension”. In light of the aforementioned records, it seems clear that to “oust” the Mayor Rag. Danilo Delvecchio from the Board of AASLP, it was NOT the undersigned as the exponents of Repubblica Futura want to imply but, the Board of Statutory Auditors of the AASLP following the interpretation of the data verbally by the Institutional Secretariat. With the presentation of the draft law “Provisions on Boards of Statutory Auditors and / or Auditors for the appointment of the Great and General Council”, the intention of the undersigned and of the Government was simply to clarify the law without resorting to interpretations. Indeed, the Bill brought to the attention of the classroom advising goes in the direction of filling a regulatory void, defining the requirements and incompatibilities of the Auditors who play an important role in controlling the work of the administration, confirming that this role is so in Public corporate strategies it can be carried out, even in the interest of the Auditors themselves, only by those who have the necessary requisites on a par with the Companies.
Stefano Canti (Secretary of State for the Territory, Environment, Agriculture, Civil Protection and relations with AASLP): “I would like to thank Rag. Danilo Delvecchio for the work carried out within the AASLP Board of Statutory Auditors because, despite the latest disappointments, he has always shown that he always works in compliance with professional ethics and in the interest of the Public Administration unlike a certain political class, in this case Repubblica Futura, which deliberately wants to communicate and pass a distorted message on the reality of the facts “.
The Secretary of State for the Territory and the Environment Stefano Canti