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Civil servants want revocation order

Michael Dunkley, the Premier (File photograph)

Senior civil servants have demanded that the Bermuda Government clarify when the Public Service Commission Regulations will be revoked.

A statement released by the Bermuda Public Services Union this afternoon called for “full transparency and openness” in the process.

“The permanent secretaries and heads of departments are eager to have this matter resolved quickly, and call on the Governor and the Premier to address the revocation order immediately,” a BPSU spokesman said.

The BPSU’s statement asserts that Michael Dunkley, the Premier, has stated that the PSC Regulations 2016 were published in error “on at least three occasions” and that they will be revoked.

“More than a month has passed since the PSC Regulations were gazetted and to date Bermuda citizens have not seen the revocation order,” the spokesperson added.

The statement continues: “If the PSC Regulations are not revoked, the senior-most officers in public service will report to the Public Service Commission. The Commission members are appointed by the Governor, which in turn means, the Public Service of Bermuda will be reporting directly and indirectly to the Foreign and Commonwealth Office in the UK.”

The BPSU states that its main concern is “that the consultation process has not been completed and the PSC Regulations 2016 lay out new reporting lines ... which may be in contravention of the Bermuda Constitution Order 1968”.

Senior civil servants have also called for the removal of Clause 8 of the Amendment Regulations and replace it with provisions to ensure the UK does not have control over the Bermuda Public Service.

Previously, former senior civil servant and cabinet secretary Donald Scott expressed concern at the 2016 regulations, that was in turn echoed by the Progressive Labour Party.

In a letter, he stated that the regulations would extend the role of the Public Service Commission from an “impartial appointing authority” for senior civil servants to a “politicised semi-executive body” that will set performance goals for senior civil servants.

“The change is so fundamental it raises the question of whether the Governor is stepping beyond the authority given to him by the constitution,” he wrote.

“I am aware that the original draft of these contentious amendments was deemed unconstitutional by the Attorney-General’s Chambers.

“Major changes to the role of the PSC, as contemplated by the Governor, would properly require a Constitutional Conference. Such a conference has not been convened to consider the Governor’s desire to extend the role of the Public Service Commission.

“Civil servants are in a state of disquiet about the implications of the amendment.”