In last week’s article, we began a discussion about the need to have in place a politically neutral and professional Public Service that serves the interest of the country. Public servants support the government of the day by providing unbiased and evidence-based advice, implementing policies, and carrying out lawful instructions from Ministers. This practice, which is based on the Westminster system of government, enables them to maintain the trust of Ministers and to serve successive governments as part of a permanent career-based Public Service.
We cited the experience of four countries in support of our views on the matter, namely the United Kingdom, New Zealand, and Canada and the United States. In the UK, the Prime Minister or the subject Minister appoints the Permanent Secretary based on recommendations of the Civil Service Commission after a rigorous process to identify suitable candidates based on qualifications, experience, and competency. The same applies to Canada. In the case of New Zealand, the Public Service Commissioner makes the appointment with emphasis on leadership, integrity, and alignment with the government’s priorities. Candidates are assessed based on their ability to be results-driven and to manage public resources effectively.
In the United States, senior civil servants are appointed following rigorous competitive examinations. How-ever, in the case of political appointments, the President nominates individuals for key roles, subject to Senate confirmation. The Office of Personnel Management oversees the federal civil service and ensures adherence to merit-based principles. In all the above countries, Permanent Secretaries are expected to maintain political neutrality. They serve the government of the day, regardless of their personal political views, ensuring continuity and stability in public administration. Permanent Secretaries manage the day-to-day operations of their Minis-tries and Departments and provide important advice to their subject Ministers. With quiet competence, they carry out the instructions of their Ministers to the extent that such instructions do not violate the applicable laws, rules, regulations, or circular instructions.
We also referred briefly to the 2015 Commission of Inquiry appointed to review the role of the Guyana Public Service and to make appropriate recommendations. Among the persons who testified before the Commission was Mr. Hydar Ally, former Permanent Secretary and senior member of the ruling party who expressed the view that the Public Service should be depoliticized. He stated that he regretted not taking a back seat in the political realm while on the job. Though not mentioned in that article, two other Permanent Secretaries spoke out against the system of employing persons on a contractual basis because of the absence of security of tenure of office and the associated demoralizing effect such a system had on employees.
As far back as 2014, we had stated that some 20 per cent of public servants were employed on a contractual basis at emoluments and conditions of service superior to those of the regular public servants. There was also a lack of transparency since the Public Service Commission (PSC) was not involved to ensure competitiveness and fairness in the recruitment process. Most of the contracted employees were handpicked, some of whom were retained beyond their retirement age. This practice continues to this date, as gleaned from the 2024 Estimates of Revenue and Expenditure which shows that of the total wages and salaries of $86.224 billion under Current Expenditure, $20.001 billion, or 23.2 percent, relates to contracted employees.
We had also stated that in effect there were two public services operating in parallel of each other. The first was the traditional public service comprising employees recruited through the PSC at set salary scales and other conditions of service. The second was the “parallel” public service, comprising handpicked persons employed on a contractual basis in most cases at emoluments and other conditions of service superior to those of employees in the traditional public service. Many of the contracted employees held senior positions and did not have the requisite qualifications and experience. This practice created a demoralizing effect on the staff of the traditional public service in terms of their ability to progress within the organization. The structure was therefore in urgent need of dismantling and overhaul and replaced with a unified public service comprising skilled persons operating in a professional manner and with a high degree of business management and customer orientation.
There was also no Public Service Appellate Tribunal since 1995 to address grievances of public servants. The Tribunal has since been reconstituted in 2017. According to former President David Granger:
This neglect has led to irregularities and inconsistencies in the Public Service. The Tribunal’s absence injured the interests of persons who felt wronged by unfair dismissals, the denial of benefits, or other disciplinary actions but who had no redress…The Tribunal’s reconstitution represents a commitment to administrative justice. It reverses decades of neglect. It restores confidence in the Government. It will boost public servants’ morale. It will enhance professionalism in the national public administrative system.
In congratulating the newly sworn-in members of the Tribunal, President Granger urged them to discharge their duties in ensuring that public servants are judged by their service and performance in accordance with the high standards of intelligence, integrity, and impartiality – three traditional qualities of their noble profession. He further stated that the Public Service is the ‘muscle of public administration that serves the public good and ensures the efficiency and efficacy of the delivery of public services. Its work is enhanced when supported by a system which ensures respect for the principle of a meritocracy and the structure of a bureaucracy’.
In today’s article, we continue our discussion of the role of the Public Service, including that of Permanent Secretaries in their capacity as the administrative heads of Ministries and Departments.
The Jamaican model
In Jamaica, the Governor-General appoints members of the PSC, acting on the recommendation of the Prime Minister, after consultation with the Leader of the Opposition. The Commission comprises a chairperson and not less than three and not more than five members, as the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may from time to time decide. The power to make appointments to public offices and to remove and exercise disciplinary control over persons holding offices or acting in any such offices is vested in the Governor-General acting on the advice of the Public Service Commission.
Similarly, the Governor-General, acting on the advice of the Public Service Commission and in consultation with the Prime Minister, approves of the appointment of Permanent Secretaries. The role of the Permanent Secretary as chief policy advisor to the subject Minister is defined in Sections 93(1), 93(2), and 126 of the Jamaican Constitution.
The Trinidad & Tobago model
In Trinidad and Tobago, the PSC consists of a Chairperson, a Deputy Chair-person and not less than two nor more than four other members. The President appoints members of the Commission after consultation with the Prime Minister and the Leader of the Opposition. The PSC is responsible for making appointments to public offices and for removing and exercising disciplinary control over persons holding or acting in such offices and to enforce standards of conduct on such officers. This includes the office of the Permanent Secretary. However, the Commission must first consult the Prime Minister As regards the transfer of a Permanent Secretary from one Ministry or Department to another, Article 121(6) of the Constitution vests this responsibility with the Prime Minister.
The Guyana experience
(cont’d)
The Guyana PSC comprises six members appointed by the President: three after meaningful consultation with the Leader of the Opposition; two nominated by the National Assembly after consultation with such bodies as appear to represent public officers or classes of public officers; and one, in accordance with the deliberate judgment of the President.
Article 201 of the Guyana Constitution makes it clear that it is the PSC that is responsible for making appointments to public offices and to remove and to exercise disciplinary control over persons holding or in such offices, subject to certain exceptions. For example, the personal staff of the President can only be appointed with his/her concurrence. Similarly, the Commission must consult with the Clerk of the National Assembly before making any appointment to staff of the Assembly. In addition, the mandate of the PSC does not extend to the appointment of the following: Solicitor General, Permanent Secretary, Secretary to the Cabinet, Ambassador, High Commissioner, or other principal representative of Guyana in any other country or accredited to any international organization. (In last week’s article, we had incorrectly stated that since the office of the Permanent Secretary is a public office by virtue of Article 115, it is the PSC that should appoint Permanent Secretaries and not the President. We regret the error.)
Permanent Secretaries and Regional Executive Officers (REOs) are the heads of budget agencies. They have enormous responsibilities in relation to budget preparation, budget execution, and accounting and financial reporting, as outlined in in the Fiscal Management and Accountability (FMA) Act. They must follow strictly the requirements of the Public Procurement Act, especially as they relate to tendering for the procurement of goods and services and the execution of works to ensure the highest degree of transparency and accountability. They are also required to present themselves to the Public Accounts Commission (PAC), when requested to do so, to explain any shortcomings or discrepancies in the financial management of the Ministry, Department or Region for which they have specific responsibility, as identified by the Auditor General.
The FMA Act provides for the appointment and responsibilities of the Finance Secretary who is also a Permanent Secretary. He/she is responsible for, among others, issuing financial circulars in relation to: (i) procedures to implement the Act and its Regulations; (ii) procedures to enhance transparency and accountability for the use of public moneys; and (iii) ensuring the provisions of the Act, the regulations and the financial circulars are complied with. The Finance Secretary, the Accountant General and the Auditor General are advisors to the PAC.
Permanent Secretaries and REOs are required to manage the affairs of their Ministries, Departments and Regions in a manner that promotes the proper use of the public resources. They are responsible for:
(a) Implementing appropriate processes and procedures to prevent the incidence of fraud, embezzlement, or misappropriation of public moneys.
(b) Maintaining an effective internal audit capability.
(c) Pursuing the collection of any moneys owing to the budget agency.
(d) Coordinating the preparation of the budget submission to the Ministry of Finance.
(e) Maintaining the financial management system for the budget agency.
(f) Operating bank accounts approv-ed by the Minister of Finance.
(g) Ensuring the security of and accounting for all cash and other financial assets held by the budget agency.
(h) Maintaining financial accounts and registers as required by the Minister, the Regulations, the Financial Circulars, or the management of the budget agency; and
(i) Providing the Finance Secretary with any information that is
requested concerning the affairs of the budget agency.
Next week, we will conclude our discussion on the subject by looking at the 2015 report of the Commission of Inquiry into the Public Service. The Commission had as its terms of reference to, among others, ‘inquire into, report on, and make recommendations on the role, functions, recruitment, training, remuneration, conditions of service and other matters pertaining to personnel employed in the Guyana Public Service’.
