Other recommendations of the COI on the Public Service in Guyana (Part 2)
DEAR EDITOR,
Many of the 89 recommendations of the Lutchman Commission of Inquiry (COI) into the Guyana Public Service, 11 May 2016, support the creation of a Professional Public Service and Political Neutral to provide for an efficient and effective service to the national community. The COI strongly supports the enactment of the Public Service for the Public Service Act as is the case in other Commonwealth countries. The National Assembly, Government and the Ministry of Public Services should carefully consider the other related COI recommendations, or state otherwise; inform the public why the Public Service Act / Law is not interested in creating and developing a Public and Political Neutral Public Service for national benefit as required in COI recommendation # 1.
Other Recommendations contained in the COI include: The Public Services Commission (PSC).
Concerns were raised about the ability of the PSC to faithfully discharge its constitutional responsibilities. The COI confirms that the intended independent Constitutional status should be retained and protected as in other Commonwealth States, including Canada whose Public Service Act provides for an Independent Public Services Commission with exclusive employment authority in the Public Service.
The Commission emphasized that it was essential that the Public Service appointment was based on merit, and should be made by a credible and adequately qualified Commission. The COI in its Recommendation # 6, states:
“The Public Services Commission should always be constituted with suitably qualified and competent persons of unquestionable honesty who would strive to be fair and impartial in the discharge of their duty in accordance with the Constitutional prescription that they exercise independent judgment and should not be influenced by political and other external or external considerations. ”
Authorities should not appoint PSC Members who have any conflicts of interest. This has clearly been disregarded in relation to some members of the PSC in the past, and this should be corrected in all future appointments to the PSC by the Government and the National Assembly as they carry out their constitutional duties faithfully for the benefit of the public.
Public Service Recruitment and Selection.
Recommendation # 9 calls for a proper amendment of the Constitution and other Laws to empower the Public Services Commission to appoint Permanent Secretaries and Regional Executive Officers to move direct political appointments to Public Service positions.
Recommendation # 10 calls for all appointments to Public Service positions through open internal and external completions to get the best out of the labor market.
Recommendation # 11 argued that all appointments to the PSC should be based on merit and be free from political influences, and meet the essential qualifications and requirements to fulfill them.
Contracted Employment:
On Contract Employment, the COI stated:
– contracted employment in the Public Service is undertaken outside the jurisdiction of the Public Services Commission;
– retired 55 Public Servants, recruited on lucrative contract terms and conditions;
– political directorate arbitrarily uses money for Public Service employment without regard to optimum staff; a
– forensic personnel audit justification should therefore be obtained for all Public Service posts with the required qualifications, experience and skills.
Accordingly, the COI recommended: –
– The employment of low level and general public service staff should cease. However, contracted public service employment should be restricted to high-level, professional skills, rarely available in the Public Service, and for project work. (Recommendations # 13 and # 14)
– There should be a higher retirement age of 60 and 65 for public servants with equivalent senior public service pensions and NIS pensions. (Recommendation # 15)
– No public servant who retires from the public service before reaching 65 years on contract should be employed (Recommendation # 15)
– all staff in all Ministries, offices, departments, departments and units with the appropriate organizational structure should be justified to be evaluated and determined by HR and organizational audits. (Recommendation # 16)
Staff Training and Development:
The COI recommended that there should be a high-level representative Committee of Permanent Secretaries to identify, on merit, candidates for whom fellowships and scholarships should be awarded. (Recommendation # 17)
Pay and Remuneration Commission:
The COI recommended, as with Trinidad and Tobago, that a Pay and Remuneration Commission be established by law to make periodic recommendations to the National Assembly on remuneration for high-level political and public service offices including the President, Vice Presidents, the First Minister. , Ministers, Leader of the Opposition, Members of the National Assembly, Permanent Secretaries, Regional Executive Officers, and Regional Chairs. (Recommendation # 57)
This Commission should also recommend to the National Assembly, due recognition to High Court and Court of Appeal judges, and Building offices.
The COI recommended that collective bargaining should be resumed in genuine negotiated meetings, and conciliation / mediation processes Failure at these levels to resolve disputed issues, requires referral to a jointly agreed Arbitral Tribunal the existing procedures, OR as recommended in the COI, to the National Assembly, based on the recommendations of the Pay Review Commission for final determination. (Recommendation # 58)
Public Services Appeals Tribunal
The COI, like the Public Services Commission, recommended that a Public Service Appeals Tribunal be appointed with suitably qualified individuals without any conflict of interest, to adjudicate on disputes with the Public Services Commission. (Recommendation # 60)
Ministry of Public Services
The COI recommended that the Ministry of Public Services and the Public Services Commission be included with professional personnel with high integrity to rebuild trust and confidence in the Public Service. (Recommendation # 73)
Accepting and implementing the COI recommendations is essential for good governance, transparency, public accountability and Public Service management. The Ministry of Public Services and the Public Services Commission are charged to ensure fair employment practices, and to develop a professional Public Service to serve the national community fairly and impartially.
These recommendations speak to removing conflicts of interest at professional and political levels, setting the procedure for ending public discussions, and having the National Assembly place the recognition of those in the Governing Authorities and the recognition in the system Judicial and other Constitutional Offices.
Adopting and Implementing these and other recommendations will rebuild confidence and trust in our country for the benefit of all.
Again, I invite interested persons and organizations to join the debate and discuss these recommendations of the Public Service COI, and call on the Government to take appropriate action in the national interest.
Yours faithfully,
Samuel J. Goolsarran