Gov’t can establish body for appointments to service commissions - legal sources
By Patrick Denny
Stabroek News
April 3, 2003
Nothing in the Standing Orders of the National Assembly prevents the government from moving ahead with the establishment of the Standing Committee for appointments of members of the constitutional service commissions, according to legal sources.
The government on Tuesday announced that it was moving ahead with the establishment of the service commissions, as the parliamentary opposition has not indicated its preparedness to immediately participate in the process.
It took the decision after none of the opposition parties had responded to President Bharrat Jagdeo’s letter of March 24 informing them of his intention to proceed with those nominations he could make on his instruction and for the Minister of Parliamentary Affairs to set in train the process to allow Parliament to perform its role in appointing categories of members of the service commissions.
Both the PNCR and GAP/WPA received the letter on March 25, the same day Jagdeo left for a state visit to China.
PNCR leader Robert Corbin on Tuesday called the decision an act of bad faith and that it would lead him to consider whether meeting with President Jagdeo “makes any sense”.
GAP/WPA parliamentarian Sheila Holder yesterday decried the government’s lack of recognition of its responsibility to create an environment in which all parties were winners.
She said that acting unilaterally when the constitution clearly called for a consultative process was unhelpful and that it created more political instability at a time when less was needed.
The service commissions are the Public Service, Police Service, Teaching Service and Judicial Service Commis-sions. The re-establishment of these commissions has been delayed for more than a year because of the political stalemate between the governing and opposition parties over the composition of the parliamentary sector committees and the parliamentary management committee among other issues.
The issues related to the composition of the parliamentary management committee have been resolved. However, resolution of the issue of the composition of the sector committees will rest on the opposition parties agreeing to an amendment to the constitution to increase the number of technocrat ministers from four to ten.
The Standing Committee for Appointments to the service commissions and other bodies was created by an amendment to Article 119 of the Constitution with the objective of minimising executive influence on commissions. It has as one of its functions, to undertake consultations on behalf of the National Assembly with the relevant interest groups to be represented on the various commissions.
The constitution requires two members of the Public Service Commission, four members of the Police Service Commission, and for one and not more than two members of the Judicial Service Commission to be appointed by the President after their nomination by the National Assembly after consultation with the relevant interest groups.
Also with respect to the Judicial Service Commission the President is required to appoint one of its members. With respect to the Teaching Service Commission the President is required to consult with the Leader of the Opposition in the appointment of three of its members.
Informed sources have told Stabroek News according to Standing Order (SO) 70A (2) the Committee of Selection on which the Government has a majority determines the size of the Standing Committee of Appointment. SO 70A(3), which deals with the constitution and procedures of Standing Committees, states that these shall be in accordance with those for the Select Committees of the Assembly.
Also, that even if the Parliamentary Opposition does not participate in the work of the Standing Committee the government representatives can go ahead with the necessary consultations once it has a quorum. SO 73(4) provides, “Unless the National Assembly otherwise directs, three Members shall be the quorum. In ascertaining whether there is a quorum present the Member in the Chair shall not be excluded.”
With regards to the appointment of members of Service Commissions who are named after the President has had meaningful consultations with the Leader of the Opposition, legal sources available to the Stabroek News are divided as to whether their appointment can be made in the absence of a Leader of the Opposition.
Some sources say that using the doctrine of necessity the President can make the appointments but they say that the true test of the validity of the appointments would have to be determined by the courts.
Other sources say that even if they are made they can be challenged and would be of no legal effect.
Other informed sources, however, say that the appointments can be made. They made reference to article 212N(3) of the constitution, which provides for the appointment of the chairman of the Human Rights Com-mission from a list of suitably qualified persons provided by the Leader of the Opposition.
This article provides for the President to make the appointment if the Leader of the Opposition fails to supply the President with a list of suitably qualified persons within a designated period of time.
They say that because the constitution is silent on the issue as it relates to the absence of a Leader of the Opposition, the President can make use of this provision, which was intended to prevent the Leader of the Opposition from unduly delaying appointments. The opposition parties have deferred the naming of a Leader of the Opposition.
The PNCR says it is waiting until there is meaningful work for the Opposition Leader to do in a reformed Parliament before naming him.
