Appointment to the PSC not in keeping with the Constitution

Sep 02, 2010 Letters

Dear Editor,
The Guyana Public Service Union (GPSU) wish to express our appreciation and gratitude to the newspapers for publishing our views and objections as contained in our Press Statement of August 26, 2010, regarding the irregular and unacceptable manner in which the appointment of the membership of the Public Service Commission (PSC) was approached by the Standing Committee on Appointments of Parliament. This is of necessity a matter of wide public interest.
While, generally speaking, (Ms. Holder’s letter under the rubric “Supported report submitted to National Assembly not appointments” appearing in the SN of August 31, 2010, notwithstanding), our position on the issue was faithfully and accurately reported. However, one of the main points of our concern was either overlooked or insufficiently emphasised.
Specifically, we are disappointed that our articulation of the meaning of consultation did not receive the desired focus in the media reports, an issue which was not touched on by Ms. Holder in her letter under reference. Thus, we are left with the impression that notwithstanding our identification of deficiencies in the consultation process, Ms. Holder did not address this matter which should have undoubtedly impacted any report that was ultimately submitted to the Standing Committee on Appointments, and Parliament.
As we stated in our Statement:
“According to respected authority, consultation ‘requires that the person or body consulted should be given a reasonably ample and sufficient opportunity to state their views…’ Further, it is not satisfied if it is treated as a mere opportunity to make ineffective representations.”
In addition, we emphasised that the meaningfulness of consultation has historically been a bone of contention in the Guyanese context with the result that the Constitution of Guyana, at Article 232, now specifically states that “consultation” or “meaningful consultation” means the person or entity responsible for seeking consultation shall: –
(a) identify the persons or entities to be consulted and specify to them in writing the subject of the consultation and an intended date for the decision on the subject of consultation;
(b) ensure that each person or entity to be consulted is afforded a reasonable opportunity to express a considered opinion on the subject of the consultation; and
(c) cause to be prepared and archived a written record of the consultation and circulate the decision to each of the persons or entities consulted”
It is because of the infractions and deficiencies associated with the activities of the Standing Committee on Appointments in this matter, specifically in not consulting the GPSU within the terms of Article 232 of the Constitution, that we deemed it necessary to address our concerns to the President of Guyana and the Speaker of the National Assembly, with a view to having the situation remedied and rectified.
Patrick Yarde

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Appointment to the PSC not in keeping with the Constitution

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