Public employment addressed by COI in the Public Service

May 28, 2017 Letters

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Dear Editor,
The Report of the Commission of Inquiry in the Public Service (COI), 2016 addresses employment and related issues in the Public Service. The many recommendations from COI aim at fostering and developing a professional and neutral Public Service, a Public Service that is based on merit and non-partisanship. Inherent in the report are the principles of fairness and non-discrimination in employment in keeping with our Constitution and labour laws.
The COI Report noted the progressive decline of professionalism in the public service, which for decades now has been subservient to the political directorate in the management of public administration services to the public. The Report also refers to important statements by past Heads of Government, and quoted the then Prime Minister Forbes Burnham’s statement in 1966 on the role and functions of the public servants as follows:
“Governments, and their Ministers, come and go at the will of the electorate, but under the present system there needs to continue in being an experienced civil service which can carry on the routine of administration and constitute the skilled instrument for implementing the policy of the Government of the day. To bring appointments to public office under the aegis of ministers would create the danger of such appointments being subject to political considerations, with serious disruption of the administration with each change of the elected Government. The Constitution seeks therefore to ensure that a newly appointed Government finds at its disposal an efficient, impartial and experienced permanent staff, owing particular allegiance to neither the outgoing nor the incoming administration, and imbued solely with the aim of using its abilities in the service of the Government.”
The then President Desmond Hoyte’s statement in 1989 on the roles of the Permanent Secretary and the Minister, affirmed as follows:
“While the Minister exercises general direction and control over his Ministry, it is the Permanent Secretary who is charged with the responsibility for supervising the Ministry (in that connection his reference was to Article 115 of the Constitution).Therefore, “the Permanent Secretary is accountable for the actual day-to-day management of the Ministry”. He is not a clerk but has a three-fold responsibility: (1) to manage his Ministry; (2) to advise his Minister; (3) to help the Minister in the formulation of policy.”
Further President Hoyte stated:
“No Minister has the authority to direct a Permanent Secretary to ignore or break the law or to breach regulations and directives governing the administration of finances, the use of government property, etc. Indeed, no Minister has the power to direct a Permanent Secretary to commit any other Act that is unlawful or otherwise irregular.”
On 14 March 2016, President Donald Ramotar was quote as follows:
“Modern democratic societies are based on the independence of three major institutions in society – The Executive, Legislative, and Judicial branches of the government. These institutions are all very important because they act as checks and balance in the system and are a safeguard against excessiveness….”
The foregoing are fundamental statements of principles in public administration for a professional and politically neutral public service. However, progressively over the years, many Permanent Secretaries and Heads of Departments, to the neglect of their Constitutional and Statutory duties, demonstrate professional weakness, and allow political alignments to influence their actions and decisions.
This here points to general incapacity and unsuitability for such positions of high trust. Many Heads of Departments and Permanent Secretaries function as “clerks” and allow Ministers to get into day to day public administration and operational management of Ministries and Departments, and micro manage. Ministers must, in the spirit and intent of the Constitution and the applicable laws, learn, understand and practice their Constitutional and other statutory duties with prudence.
Some Ministers throw their weight around essentially on account of their positional power, rather than demonstrating the capacity and skills required in their Ministerial responsibilities. The Constitutional stipulation of “fit and proper persons” to hold high public offices should include ministerial office holders. His Excellency, President David Granger may wish to reign in those Ministers who want to, or function also as Permanent Secretaries and Heads of Departments, to hide their inability to discharge the higher their duties of their portfolios. This must be a source embarrassment to the President.
With the forgoing back ground, reality and the need to restore public trust and confidence in the public service, the COI accordingly recommended:
– The enactment, as in other Commonwealth countries, of a Public Service Law, with related Regulations which could promote the effective management and administration of the Public Service and insulate and protect it from irregular and undesirable influences to enhance its status and productive capacity (R 1)
– That the Constitution and other applicable laws be appropriately amended to empower the Public Service Commission (PSC) to appoint Permanent Secretaries and Regional Executive Officers.(R 9)
– That all recruitment and appointments to positions in the Public Service be undertaken through open internal and external competitions to obtain the best from the labour market (R 10)
– That all appointments by the PSC be on the basis of merit and be free from political influences, and meet the essential qualifications and requirements for the jobs to be performed.(R 11)
– That contract workers on all grades holding Public Service positions be absorbed into the pensionable Public Service establishment provided that they are suitably qualified to fill established positions. (R 13)
– That contracted employees/workers should be restricted to high level professional skills not available in the Public Service, and should be recruited and selected through open competition to obtain the best available candidates from the job market. (14).
There is widespread support for these and other recommendations proffered by the COI. The public waits anxiously for the acceptance and implementation of the COI recommendations which can contribute to the transformation of the public service.
Joshua Singh

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