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The reformed Constitution provides for some categories of appointment. One category calls for Parliamentary approval of nominee; the second category deals with appointments after consultation with the Leader of the Opposition; the third category are appointees based on the office they hold; and the fourth category are appointees made through the exercise of the sole discretion of the President.
The PNCR's abandonment of Parliament and the failure to appoint a Leader of the Opposition have prevented those categories from being appointed.
The delivery of public goods and services has been significantly affected and equally significant has been the disadvantage borne by our public servants, teachers, law enforcement officers and the Judiciary.
The administration has sought the main opposition party's support and participation in the process of constituting the service commissions.
The PNCR only returned to Parliament to discuss the motion of its Leader, Mr. Robert Corbin. The appointment of a Leader of the Opposition has not taken place.
Article 184(1) of the Constitution states:
"The Leader of the Opposition shall be elected by and from among the non-governmental members of the National Assembly at a meeting held under the Chairmanship of the Speaker of the National Assembly who shall have no right to vote."
The Speaker of the National Assembly had convened such a meeting, which was postponed at the request of the PNCR's Chief Whip. Another date is yet to be communicated to the Speaker.
The administration is disappointed that there seems to be lack of urgency in filling the post of Leader of the Opposition.
As outlined in our reformed Constitution, the Leader of the Opposition has an important role to play in many constitutional appointments, including:
- Members of the Public Service Commission as shown in article 200 (1) (a)
- One of the "appointed members" of the Judicial Service Commission as shown in article 198 (2)(a)
- The Chairman of the Police Service Commission as shown in article 201(1)(a)
- Three of the "appointed members" of the Teaching Service Commission as shown in article 207 (1)(d).
The business of the State cannot be indefinitely put on hold.
Vital services and key appointments cannot be put off for a longer time.
We have given the main opposition party ample time to step forward and play its role as mandated by the Constitution. We have repeatedly sought their urgent participation and support for the processes involved.
The time has come for the Government to take steps to constitute the several constitutional commissions - Public Service Commission, the Police Service Commission, the Judicial Service Commission and the Teaching Service Commission.
In view of the fact that the Opposition has not indicated its preparedness to immediately, participate in the process, the President has instructed the Minister of Parliamentary Affairs to take necessary steps so that Parliament can perform its role in appointing categories of members of the service commissions.
On March 22, 2003, the President dispatched letters to the Leader of the PNCR, Mr. Robert Corbin and the leaders of the other Parliamentary opposition parties informing them of his intention to make initial steps in appointing other categories of members of these Commissions, until such time a Leader of the Opposition is elected.
Out of courtesy, the President has also submitted the names of his first set of nominees for the Public Service Commission, the Police Service Commission, the Judicial Service Commission and the Teaching Service Commission.
Once these commissions are in place, it is the expectation that they will expeditiously resolve the many outstanding issues, including the appointment of Mr. Winston Felix as the Commissioner of Police.
In closing, the administration restates its commitment to an early meeting between the President and Mr. Corbin.
The Government's representatives are currently, engaged in discussions with the PNCR on finalising the agenda for the anticipated meeting."