Sunteți pe pagina 1din 5

The Establishment and Functions of the Public Service

Commission
Section of The Barbados Constitution
The Public Service Commission
Section 90 of the Constitution deals with the establishment and composition of the Public
Service Commission and states:There shall be a Public Service Commission for Barbados which shall consist of a
Chairman and not less than three nor more than five other members who shall be
appointed by the Governor General, acting on the recommendation of the Prime
Minister after consultation with the Leader of the Opposition, by instrument
under the Public Seal.
The functions of the Commission are set out at Section 94 (1) of the Constitution as follows:Subject to the provisions of this Constitution, power to make appointments to
public offices and to remove and to exercise disciplinary control over persons
holding or acting in such offices is hereby vested in the Governor General acting
in accordance with the advice of the Public Service Commission.
The Commission is therefore required to advise the Governor General on all matters relating to
the recruitment, appointment, promotion, removal from office and disciplinary control over
public officers. However with respect to appointments of Permanent Secretary, chief or deputy
chief professional or technical adviser or officer, or head or deputy head of a department, the
Prime Minister is consulted before the Commission advises the Governor General on the
appointment. This is in keeping with Section 99 of the Constitution.
The specific duties of the Public Service Commission are set out at Part II on the Service
Commissions (Public Service) Regulations, 1978 and at Part 11 of the Public Service Act, CAP
29.
The members of the Public Service Commission are as follows:
Mr. David Bowen, C.B.E

Chairman

Mr. Calvin Springer, G.C.M

Member

Reverend Canon Burke

Member

Sir Everton Weekes, KCMG, GCM, O.B.E., LL.D (Hons.), J.P.

Member

Mr. N. Keith Simmons, Q.C

Member

Lt.Col. Atheline Branch, M.B.E.

Member

Sections relevant to the:


Establishment and composition of Public Service Commission
90.1
There shall be a Public Service Commission for Barbados which shall consist
of a Chairman and not less than three or more than five other members, who
shall be appointed by the Governor General, acting on the recommendation
of the Prime Minister after consultation with the Leader of the Opposition, by
instrument under the Public Seal.
90.2
No person shall be qualified to be appointed as a member of the Public
Service Commission if he is a member of either House or a public officer.
90.3
Subject to the provisions of subsection (4), the office of a member of the
Public Service Commission shall become vacant.
a. at the expiration of three years from the date of his appointment or
such earlier time as may be specified in the instrument by which he
was appointed;
b. if he becomes a member of either House or a public officer.
90.4
The provisions of section 105 (which relate to removal from office) shall
apply to the office of a member of the Public Service Commission, and for the
purposes of subsections (4) and (6) of that section the prescribed authority
shall be the Prime Minister except that, in relation to a member who does not
hold, or is not for the time being acting in, the office of Chairman of the
Commission, the prescribed authority for the purposes of the said subsection
(6) shall be the holder of the office of Chairman.

90.5
If the office of Chairman of the Public Service Commission is vacant or the
holder thereof is for any reason unable to perform the functions of his office,
then, until a person has been appointed to and has assumed the functions of
that office or until the person holding that office has resumed those
functions, as the case may be, they shall be performed by such one of the
other members of the Commission as may for the time being be designated
in that behalf by the Governor General, acting on the recommendation of the
Prime Minister after consultation with the Leader of the Opposition.
90.6
If the office of a member of the Public Service Commission other than the
Chairman is vacant or the holder thereof is for any reason unable to perform
the functions of his office, the Governor General, acting on the
recommendation of the Prime Minister after consultation with the Leader of
the Opposition, may appoint a person who is qualified for appointment as a
member of the Commission to act in the office of that member; and any
person so appointed shall, subject to the provisions of subsection (3)(b),
continue so to act until a person has been appointed to the office in which he
is acting and has assumed the functions thereof or, as the case may be, the
holder thereof resumes those functions or until his appointment so to act is
revoked by the Governor General acting as aforesaid.
90.7
A member of the Public Service Commission shall not, within a period of one
year commencing with the date on which he last held or acted in that office,
be eligible for appointment to any office power to make appointments to
which is vested by this Constitution in the Governor General acting on the
recommendation or in accordance with the advice of the Public Service
Commission.

Article from The Nation Newspaper


June 26 2013

In the famous Judicial Committee of the Privy Council decision on appeal


from the Court of Appeal of Trinidad and Tobago, Endell Thomas v The
Attorney General (1981), Lord Diplock, delivering the judgment of the court,
outlined the purpose of the constitutional provisions with respect to the
service commissions in Westminster-style constitutions in the following
words: The whole purpose of Chapter VIII of the Constitution which bears
the rubric The Public Service is to insulate members of the civil service, the
teaching service and the police service in Trinidad and Tobago from political
influence exercised directly upon them by the Government of commissions,
to the exclusion of any other person or authority, power to make
appointments to the relevant service, promotions and transfers within the
service and power to remove and exercise disciplinary control over members
of service. These autonomous commissions, although public authorities, are
excluded by section 105(4)(c) from forming part of the service of the Crown.
Subject to the approval of the Prime Minister they may delegate any of their
powers to any of their members or to a Service Commission to an officer of
the Police Force; but the right to delegate, though its exercise requires the
approval of the Prime Minister, is theirs alone and any power so delegated is
exercised under the control of the Commission and on behalf of the Crown or
of any other person or authority. In respect of each of these autonomous
commissions, the Constitution contains provisions to secure its independence
from both the executive and the legislature. No member of the legislature
may serve on the commission; all members must be appointed for a fixed
term of years which must not be less than three or more than five, during
which a member may only be removed for inability to discharge his function
or for misbehaviour. The quarantine period imposed by making it a
requirement of eligibility that a member shall not have served in any public
office within the last three years and also making him ineligible for
appointment to any public office for three years after ceasing to serve as a
member of the commission is clearly intended to avoid any risk of his being
influenced in favour of the executive by considerations of advancement in his
own career. The above words with some adjustment for the different details
of the Barbados Constitution are applicable to the Police Service Commission
established under our Constitution. For example, in our Constitution the
members of the commission may be appointed for three years or less as
specified in the instrument of appointment. Additionally the quarantine
period imposed for making it a requirement of eligibility is that a member
must not have served in any public office for the year immediately prior to
his appointment. However a member of the Public Service Commission once
appointed cannot be removed or suspended from the position except for

inability to discharge his functions or for misbehaviour. The provisions


relating to the appointment of members of the Police Service Commission
are found in section 91 of the Constitution. Members are appointed by the
Governor General, acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition. Section 91(2) provides: No
person shall be qualified to be appointed as a member of the Police Service
Commission if he is a member of either House or a public officer. The
provisions protecting them from arbitrary removal are found in section 105 of
the Constitution. Section 105 (1) and (2) provide as follows: 105 (1) Where it
is provided in this Constitution that this section shall apply to any office, a
person holding such office (in this section referred to as the officer) shall
not be removed there from or suspended from the exercise of the functions
thereof except in accordance with the provisions of this section. (2) The
officer may be removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of body of mind or any
other cause) or for misbehaviour.