Cabinet resolves to bring closure to absence of Service Commissions
- PNCR to indicate willingness to correct Police Service Commission’s composition
Guyana Chronicle
November 24, 2003
GINA - Cabinet has expressed its resolve to bring to a closure the longstanding matter of the absence of the Constitutional Service Commission for more than three consecutive years.
This was emphasised by Head of the Presidential Secretariat and Cabinet Secretary Dr. Roger Luncheon at his weekly post-Cabinet Media briefing held on Friday.
He noted that Cabinet, at its meeting on November 20, discussed the next step in the Constructive Engagement between President Bharrat Jagdeo and Leader of the Opposition Robert Corbin.
“Cabinet, recognising the importance of the most recent decision of the Appointive Committee of Parliament and in anticipation of its formal adoption, expressed confidence that the lengthy delay in the appointment of the Service Commission was close to an end,” the Cabinet Secretary noted.
The Public Service Commission is pivotal in the establishment of the others as its Chairperson sits on the Judicial Service Commission, the Public Service Commission and the Military Commissioning Board.
This Commission’s appointment has been stalled because prior to the recess, the responsible Parliamentary Sub-Committee was unable to conclude its work on identifying the final nominee for the Public Service Commission. The decision hinged either on selecting the nominee of the Public Service Senior Staff Association (PSSSA) or one from the Federated Union of Government Employees (FUGE). That selection created division within the Appointive Committee of the National Assembly.
Both bodies have been recognized by Parliament as consultative bodies under the provision of the Constitution, as well as the Public Service Union, for which nomination has been received. The PSSSA and the Guyana Public Service Union representatives were nominated.
Dr. Luncheon said Cabinet examined the basis for the PNCR’s statements about lack of progress and loss of public confidence and felt that the timing was reactionary.
“Cabinet also noted that the process of meaningful consultation between the President and Opposition Leader, would be influenced by a long awaited response of Mr. Corbin in correcting the composition of the Police Service Commission. Mr. Corbin is still to pronounce on his party's willingness to correct the present Constitutional position on the composition of the Police Service Commission.
With regard to the Police Service Commission, Government has reservations about the lack of inclusivity in its composition.
The Constitutional provisions have been interpreted by Parliament to allow only the Police Staff Association to be recognized as the sole body to make nominations and the Staff has submitted only former Police Officers and all four are former Senior Officers.
The Teaching Service Commission and the Judicial Service Commission are dependent on the conclusion of meaningful consultations between President Bharrat Jagdeo and the Leader of the Opposition Robert Corbin.
The duo is expected to meet at a mutually convenient date and time.
Meanwhile, Government remains unconvinced and actually disputes that substantial progress has not been made in implementing the Communiqué signed on May 6. The Opposition Leader recently suggested that no substantial progress has been made.
In a Correspondence dated November 14, Prime Minister, Samuel Hinds, on behalf of President Jagdeo responded to Corbin, on the present status of the Constructive Engagement process.
The letter stated that Government’s representatives have expressed surprise at Corbin’s assertion in light of the fact that the Press Statement issued subsequent to the last meeting between the duo on September 15, as well the well-publicised PNCR Report to the Monitoring Mechanism, both declared otherwise.
Mr. Hinds also indicated that his colleagues have noted the PNCR’s contentions about public confidence in the process of Constructive Engagement and share the view that Public Confidence must always be cultivated in the Constructive Engagement process.
His extensive response pointed out that with regard to the Monitoring Mechanism, the Opposition’s High Representative contributed to the forced postponement of the very first meeting by suddenly abandoning an agreed position dealing with alternating production and submission of the Report by Government’s High Representatives. The document also recalled that the PNCR’s High Representative contributed to the forced postponement of the second meeting by again abandoning an agreement against meeting the Monitoring Group in the context of the failure of the High Representatives to agree on the text of the Press Statement.
The PNCR’s High Representative compounded his error by his unilateral submission of a PNCR report to UNDP abandoning the much-publicised agreement on joint submission.
On the Parliamentary front, the Appointive Committee of Parliament has concluded its selection of the two Parliamentary nominees to sit on the Public Service Commission.
Mr. Hind’s letter pointed out that the PNCR has publicly blamed the current Administration for the delayed appointment when the PNCR has fought for the observance of Constitutional provisions despite the much visible and identified consequences of the delay.
Among the responses Corbin undertook to provide to President Jagdeo, was one that materially affects the appointment of the non-Parliamentary nominated members of the Service Commissions. That response is outstanding since September 15 and has contributed to the delay in the commencement of the Leaders’ meaningful consultation on the appointment to the Service Commissions.
Mr. Hinds asserted that it is difficult, then, for Government’s High Representatives to accept that Corbin is unaware of the PNCR’s formidable contributions to the delay in the appointment of the Police Commissioner.
With regard to Corbin’s proposals for the appointment of a new acting Commissioner of Police and legislation to allow for payment of benefits retroactively, Government’s view is that the need for such a course is not as great as before, since the major hurdle to reconstitution of the Service Commissions has been removed.
On the Procurement Legislation, the letter stated time was given on Monday night to solicit legal opinions on many of what appear to be contradictions and ambiguities in the Legislation. An arrangement for the bilateral exchange to continue on November 12, during the regular Wednesday morning Georgetown Club meeting of the High Representatives, was aborted as President Jagdeo’s departure created a conflict with that schedule.
The parties’ assessment of the meetings on the Public Procurement Legislation and the Public Procurement Commission varies considerably.
With regard to the Parliamentary Facilities, funding has been provided, for the rest of the year, to complete rehabilitation work to the roof and ceiling.
Equitable Access to State media is likely to extend beyond that which was identified in the Bipartisan Committee’s report to the leaders. That collation was intended for the attention of the leaders.
With regards to the State media boards, the PNCR’s High Representatives were fully briefed about the planned actions of the Administration at their last meeting. The Board of GNNL was appointed in accordance with the agreed formula.
The letter pointed out that these points have been made, not to establish that the course of the Constructive Engagement has been without delays and other problems, but to establish that PNCR’s contentions are not based on evidence publicly available, including the very important opinion of the Monitoring Group established by agreement in the May 6 Communique