Appointments of trust ‘unconstitutional’

It is “unconstitutional” for people to be appointed to ministerial secretariats on the basis of trust without calls for applications, according to the Public Service Commission. In its annual report for 2012, the PSC acknowledges that the practice is “justifiable” because ministers are entitled to have trusted secretariat staff but highlights that the Constitution does not provide for such direct appointments. Therefore, constitutional changes would be necessary. “The Constitution regards all non-military employees of the Government, with specific and very limited exceptions, as public service employees and, as such, subject to recruitment on merit,” the report states. It adds such appointments are being used to fill administrative, managerial or technical positions as well as ministerial secretariats. “Quite apart from the unconstitutionality of such appointments, the commission felt there was no apparent justification why such positions should not be filled through a call for applications,” it adds. The PSC expressed its concerns to the Principal Permanent Secretary in April 2012 after considering a Health Ministry request to re-engage a retired former pharmacy technician. It...