Consultations on Public Service Commission members to include groups other than GPSU
-motion passed despite opposition reservations
By Patrick Denny
Stabroek News
July 11, 2003
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The National Assembly yesterday approved a motion directing the Appointive Committee to consult with the Guyana Public Service Union (GPSU), the Federated Union of Government Employees (FUGE) and the Public Service Senior Staff Association, (PSSA) in nominating two of the members to the Public Service Commis-sion (PSC).
FUGE is the umbrella organisation of the unions representing the “Open Vote” employees in the public service who are not appointed by the Public Service Commission. The PSSA represents the Permanent Secretaries and Heads of Departments and Accounting Officers of agencies not under the control of ministries and such other officers as the PSSA secretariat determines that it should represent.
The motion was passed with the government using its parliamentary majority to defeat an amendment to the motion brought by PNCR front-bencher Vincent Alexander to have the issue returned to the committee after it had been given direction and guidance by the National Assembly.
Committee chairman, Minister of Culture, Youth and Sport Gail Teixeira brought the issue to the house after the committee failed to reach consensus as to whether it should consult all three organisations or just the GPSU which Alexander said was recognised by the Trade Union Recognition Board as the bargaining agent for public servants, appointed by the PSC. According to Alexander, the PSSA only applied for recognition in May 2003. Health Minister, Leslie Ramsammy, another member of the committee said that it had registered in 2002.
In presenting the motion Teixeira’s argument for the inclusion of the PSSA and FUGE was that it was in line with the spirit of inclusivity and injunction to consult broadly so as to include as many stakeholders as possible in the decision making process. She contended that traditionally the GPSU did not represent the senior civil servants and that if it was the intention that the GPSU should be the only body to be consulted, the constitution would have stated so expressly, rather than leave it to the committee to determine.
She also pointed out that with the select committees now able to summon senior public servants to give evidence those senior public servants needed a body to represent them. She said the issue was one about which the PSSA had written to the President.
She contended too that the committee had agreed to bring the issue to the National Assembly because it had failed to reach a consensus.
Moreover, she said that she had heard no argument advanced about what harm would be done if all three organisations were consulted, pointing out that the final decision rested with the committee if it did not find the persons nominated by the organisations acceptable.
She pointed out that the committee had gone beyond the organisations that were traditionally consulted in the appointment process for the Judicial Service Commission (JSC) and the Police Service Commission. In the case of the JSC, the committee consulted with the Berbice Bar Association and the Guyana Association of Women Lawyers in addition to the Guyana Bar Association. In the case of the Police Commission, the committee included the Association of Ex-Police Officers.
Alexander’s main argument for the GPSU being the only body with which the committee should consult, was that it was the only body recognised by the Trade Union Recognition Board and unlike FUGE and PSSA, only two of whose members are appointed by the PSC and the rest appointed by the President, the GPSU members are appointed by the PSC. He said the spirit and letter of the constitution requires that it be the only body that appears to represent public officers or classes of public officers as if the PSSA is consulted it would be allowing the Presidency into the process through the backdoor and so undo the intent of the constitution.
He said that in principle the PNCR was prepared to agree to the PSSA being consulted once it has gained the necessary recognition.
Alexander asserted that the rule of law should prevail and the intent and spirit of the constitution be observed since neither the PSSA nor FUGE satisfied the requirements of the Trade Union Recognition Act.
Deryck Bernard, another PNCR front-bencher and member of the committee, in supporting Alexander’s argument for the matter to be referred back to the committee for determination, pointed out that because the experiments in parliamentary reform on which the National Assembly has embarked would redound to its credit, the spirit of the reforms should be respected.
He said that in its consensual mode, the committee was usually generous and understanding, and should be given an opportunity to continue in that vein. He noted that with respect to the other bodies consulted in the consultation process related to the JSC and the Police Commission, the bona fides of those organisations were satisfactorily answered.
With respect to the PSC, he said that while FUGE may have a legitimate interest it did not qualify legally, nor did the PSSA whose application for recognition paralleled the discussions in the committee.
PPP/C backbencher and a former chairman of the Trade Union Recognition Board, Cyril Belgrave berated Alexander and Bernard for seeking to pursue a political agenda, as recognition by the board was not a requirement for consultation with a body of the workers’ choice.
Ramsammy, arguing for the inclusion of the PSSA and FUGE, said that it was not the intention of those who worked for the reform of the constitution that any group should be excluded.
GAP/WPA parliamentarian Sheila Holder also spoke on the issue, though she said reluctantly, and reminded the members of the National Assembly that the intent of the reform was to ensure that independent persons were nominated to sit on the various commissions.
Other matters considered at yesterday’s sitting of the National Assembly was the admission of Basil Williams and Neil Kumar as new members. Williams replaces the late PNCR leader Desmond Hoyte who passed away in December and Kumar replaces former Minister of Agriculture, Navin Chandarpal who resigned his ministerial appointment and his parliamentary seat as of July 1.