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The BRH is not restricted from auditing sensitive activities
related to defence or
intelligence services but it must ensure compliance with legal provisions on data
protection and on professional and official secrecy when treating classified information.
The main document produced each year by the BRH is the Annual Report. This report
is submitted to both the government and the parliament, and presented in a public press
conference by the BRH President in the fourth quarter (November/early December). Given
that the BRH holds very few press conferences and that the BRH President tends to
highlight major – and sometimes amusing or embarrassing – examples of inefficiencies,
the press conference for the Annual Report generates substantial public interest.
The Annual Report contains the BRH’s most significant findings and recommendations
and is used by the parliament to grant discharge to the Federal Government. Since 2009, as
a supplement to the Annual Report, the BRH provides further audit findings to the
parliament in spring, providing an updated basis for the discharge procedure. According to
Section 97(2) of the Federal Budget Code: “The annual report shall state in particular:
1. Whether the amounts stated in the budget and capital accounts tally with the ledgers
and whether audited receipts and payments are properly supported by vouchers.
2. In which significant
instances the regulations, rules and principles of financial management
have not been observed.
3. Which criticisms of substance have arisen from the audit of state participation in
enterprises with independent legal status.
4. What action is recommended for the future.”
The Federal Budget Code also specifies that the information in the annual report is not
limited to the financial year – it may “include statements relating to subsequent or
previous financial years” {Section 97(3)}. This happens in practice, for example, the BRH
provides information on trends in federal financial management. In this context the BRH
analyses the medium term financial perspective of the federation and gives comment on
its sustainability. Crucial aspects of this annual assessment
are the development of the
main expenditure categories (expenditure on social security, interest payment, staff,
investment) and revenues (taxes), as well as the deficit with regard to compliance with
national and European deficit rules. The findings on trends in federal financial
management supplement the annual findings concerning the budget accounts and the
assets and liabilities accounts, which are related to the past.
In addition, the BRH prepares around 900 audit notices on findings that were not
considered significant enough to be included in the annual report. These are not
submitted to parliament and are not public. The BRH also prepares around 50-60 reports
each year at the request of parliament. Typically such requests would have to come from
the Budget Committee as a whole. To enhance public
outreach efforts in future, the BRH is
considering whether to publish such reports as a matter of routine, once parliamentary
deliberations are concluded. Finally, the BRH occasionally publishes special reports on
large scale audits, for example recent reports on public procurement of construction
services and prevention of corruption or on the reduced VAT rate and proposals for future
development of tax reduction.
Given that ensuring efficiency or value-for-money is among the core tasks of the BRH
and is of significant interest to parliament, the BRH increasingly focuses on performance
and results. This focus is reinforced by the explicit advisory
role of the BRH discussed
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50
earlier and the tradition of giving the role of Federal Performance Commissioner to the
President of the BRH (see Box 10 below). However, the BRH is often hampered by limited
information within the line ministries in this regard. Indeed, one BRH study found that in
around 85% of cases no efficiency control was carried out by the line ministries. Moreover,
little exists in terms of performance related information, targets or objectives in the budget
documentation.
The second stage of the audit process is the political control by the parliamentary
Audit Committee, a subcommittee of the Budget Committee of the
Bundestag
, culminating
in the procedures for granting discharge to the government by the
Bundestag
and
Bundesrat
.
In the
Bundestag
the annual report is referred to the Budget Committee (BC) which in
turn refers it to its Subcommittee on Audit for in depth deliberations.
Similar to the budget
approval procedure, minsters or high ranking ministry officials participate in the
Subcommittee on Audit discussions along with officials from the MOF and the BRH. The
BRH prepares a draft recommendation for each item and the Subcommittee can either
endorse the BRH recommendations or simply acknowledge them. The Subcommittee may
also expressly disapprove of specific matters under scrutiny (Art. 114(5) Federal Budget
Code). Most decisions of the Subcommittee on Audit are taken unanimously, and the vast
majority of the recommendations of the BRH are endorsed (upwards of 90%).
The executive is obliged to implement recommendations that are endorsed and,
according to the Federal Budget Code 114(4), the “
Bundestag
shall determine a date on
which the Federal Government shall report to the
Bundestag
and the
Bundesrat
on the
measures that have been initiated.” This underscores the importance
of the relationship
between the BRH and the parliament as the BRH cannot on its own compel compliance
with its recommendations. The BRH tracks all recommendations that are endorsed by
parliament.
The Budget Committee also generally accepts recommendations of the Subcommittee
on Audit and refers its report to the plenary for final debate and approval. The
Bundestag
and the
Bundesrat
decide independently of each other whether to grant discharge the
Federal Government. In practice, discharge is always granted.
Box 10.
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