Dear Editor
For a Public Service Law:
THIS letter is continuing to bring to the public’s attention, essential aspects of the Report of Professor Harold Lutchman’s Commission of Inquiry into the Public Service 2016, which recommended a Public Service Law for the management and administration of the Public Service. This law would require that the Public Service Ministry function under “a Public Service law in which the governing principles are laid down.

The basic tenets would be embodied in a Public Service Act” along with regulations as recommended by the G. Burgess and J.K. Hunn‘s Report on Public Administration in Guyana, dated 16 November 1966. This proposed Law would create a strong, well structured, and capable Public Service Ministry with clearly defined functions for such a ministry, which is responsible for public management and administration.

Such an Act would define the status and duties of the Permanent Secretary of the Public Service Ministry with powers, duties and responsibilities for the effective organisation of the departmental and ministerial machinery of government, and human resource management, outside the constitutional remit of the Public Service Commission.

Professor Lutchman’s CoI Report on the Public Service 2016, further emphasised that a Public Service Act was an essential requirement in line with the 1969 Professor Bertrand Collins’ Commission Report on the Public Service, affirming the need for a Public Service Act to enable a strong and professional Public Service. A Public Service Law governs the public management and administration in Trinidad and Tobago, Barbados, Jamaica, Belize, and The Cayman Islands, Canada, New Zealand and South Africa.

Professor Lutchman’s Commission accordingly recommended the enactment of a Public Service Law with related Regulations for effective public management and administration of the Public Service to insulate the Public Service from irregular political influences and other external pressures.

The Permanent Secretary and Professional Relations with Ministers
The public administration system, in line with the constitution, Article 115 and other laws, mandates that where any minister has responsibility for any department of government, he/she shall exercise general direction and control over that department and, subject to such direction and control, every department of government shall be under the supervision of a permanent secretary.

This direction and control is of a general and policy nature. While the minister is primarily concerned with the determination of policy, the permanent secretary and the technical and other staff under the permanent secretary are required to faithfully implement the policy decisions of the government of the day in an impartial and professional manner.

The permanent secretary assists the minister in the formulation of policies, prepares papers for Cabinet, and is also the accounting officer who manages and is accountable for the funds voted by the National Assembly for the ministerial departments, and is answerable to the Public Accounts Committee of the National Assembly for public expenditure.

These duties and responsibilities have not changed since the PSC Circular No 46 of 1966, embodying an extract from a speech from the Prime Minister L.F.S. Burnham, which stated in part with reference to the permanent secretary’s responsibility as the accounting officer: “… A minister should never therefore give instructions for expenditure to be incurred on any project without prior consultation with his permanent secretary to ascertain that appropriate funds are available…”

Similarly, in a letter dated 5 May 1989 to permanent secretaries, President Desmond Hoyte stated that under the constitution, permanent secretaries had the responsibility to manage their ministries, to advise their ministers, to help the ministers in formulation of policies, and the effective management of the resources of personnel, finance, stores, plant, machinery, equipment, vehicles and buildings.

The letter further stated that, “…No minister has authority to direct a permanent secretary to ignore 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…”

President Hoyte’s letter also reiterated that a permanent secretary was expected to act strictly within the scope of law and relevant regulations and other rules governing the management of finances and other resources. The letter further admonished permanent secretaries to bear in mind that the Public Service exists to serve the people promptly and in an efficient manner, and to treat all with courtesy and consideration.

The permanent secretaries were to ensure that the Public Service delivered quality service to citizens and the public at all times. The letter reiterated that the permanent secretary and the minister’s principal technical staff were concerned with providing advice and assistance in policy determination and formulation. This called for a cordial working relationship among the permanent secretary, technical and other staff of an impartial Public Service in a spirit of mutual respect and confidence.

In keeping with the forgoing and the supporting testimonies of many witnesses, Professor Lutchman’s commission affirmed the principles for a capable, professional, and efficient Public Service outlined in PSC Circular No. 46 of 1966, and Hoyte’s letter on 5 May 1989 as sound, valid and relevant for the contemporary situation in the Public Service. The commission accordingly recommended the incorporation of these principles in the provisions of the proposed Public Service Law, and related regulations.

It is time for the National Assembly to enact a Public Service Law as recommended by Commission Reports of Hunn and Burgess, and Collins, and in particular, Burnham’s statement and Hoyte’s letter under reference, and now called for by Lutchman’s Commission of Inquiry into the Public Service, 2016.

Regards
Joshua Singh