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Who's the boss? Examining the relationship between permanent secretaries and government ministers
published: Sunday | February 10, 2008
Tyrone Reid, Enterprise Reporter
Davis
The question of who is ultimately responsible for tightening or loosening of the public purse strings is once again on the nation's lips in light of recent disclosures by both the contractor general and auditor general about the absence of accountability and transparency in the administration of the Jamaica/Cuba light-bulb project under the previous People's National Party government.
Who should be held accountable for the many scandals, irregularities, mismanagement and over-spending that have characterised some government ministries and departments over the years, is a matter tried repeatedly in the court of public opinion. But quite often, it ends in a hung jury.
Jacqueline Hinkson, chief personnel officer at the office of the Services Commission, and secretary for the Public Service Commission, tells The Sunday Gleaner: "From time to time, some permanent secretaries have reported in certain fora that the relationship between them and some ministers is a perennial struggle."
This claim has been corroborated by Dr Carlton Davis, Cabinet secretary and head of the civil service. "Some tensions have been reported to me," he discloses. "There is always a chance of that when new people come into a situation."
Government ministries appear to have more than one head - the minister who introduces policy, and the permanent secretary, who is the administrative and executive head.
Accounting officer
According to Hinkson, provisions under the Financial Administration and Audit Act make it abundantly clear that the permanent secretary is the accounting officer.
"(They) are totally responsible for the funds of government in their portfolio. In other words, the buck stops with them," she states.
Section 93 of the Constitution says that the minister who is given the responsibility for any particular subject or department of government must provide general direction and control over the work which is related to that subject and over that department; and as long as this general direction and control is observed, that work and the department must be under the supervision of a permanent secretary who must be appointed according to Section 126.
But, is the minister the permanent secretary's boss? Not so, says Davis. He explains that while it is informally accepted, there are no legal provisions to substantiate the belief. "I suppose you can say so informally, but not constitutionally, (because) they are not appointed or disciplined by the minister," the Cabinet secretary says.
The authority to make appointments to the office of the permanent secretary constitutionally rests with the governor general. However, in doing so, he must act on the recommendation from the Public Service Commission, but not before consulting with the prime minister, who can insist that the original recommendation be reconsidered.
PM's recommendation
Therefore, the political directorate cannot hire or fire a permanent secretary. However, the prime minister can recommend to the governor general that a permanent secretary be reassigned to a similar post that carries the same salary.
At the same time, the letter of appointment given to permanent secretaries when they take up office says they must comply with directives from their respective ministers; even if they perceive the directive to be improper or irregular.
"If the minister in charge of the ministry is contemplating a course of action involving a payment which you consider would infringe the requirements of propriety or regularity, you should set out in writing, your objection.
"If the minister decides nonetheless to proceed, you should seek a written instruction to make the payment. Having received such an instruction, you must comply with it, but should then inform the financial secretary of what has occurred and should also communicate the papers to the Financial Management Division of the Ministry of Finance and the auditor general … " reads a section of the letter of appointment that is given by the minister of finance.
Davis believes that too few permanent secretaries practise penning their objections to directives from politicians.
"(While) you don't want to commit everything in writing immediately, people do not like when you put things in writing … When you put it in writing, it is going to have some response and maybe there is not enough of that."
published: Sunday | February 10, 2008
Tyrone Reid, Enterprise Reporter
Davis
The question of who is ultimately responsible for tightening or loosening of the public purse strings is once again on the nation's lips in light of recent disclosures by both the contractor general and auditor general about the absence of accountability and transparency in the administration of the Jamaica/Cuba light-bulb project under the previous People's National Party government.
Who should be held accountable for the many scandals, irregularities, mismanagement and over-spending that have characterised some government ministries and departments over the years, is a matter tried repeatedly in the court of public opinion. But quite often, it ends in a hung jury.
Jacqueline Hinkson, chief personnel officer at the office of the Services Commission, and secretary for the Public Service Commission, tells The Sunday Gleaner: "From time to time, some permanent secretaries have reported in certain fora that the relationship between them and some ministers is a perennial struggle."
This claim has been corroborated by Dr Carlton Davis, Cabinet secretary and head of the civil service. "Some tensions have been reported to me," he discloses. "There is always a chance of that when new people come into a situation."
Government ministries appear to have more than one head - the minister who introduces policy, and the permanent secretary, who is the administrative and executive head.
Accounting officer
According to Hinkson, provisions under the Financial Administration and Audit Act make it abundantly clear that the permanent secretary is the accounting officer.
"(They) are totally responsible for the funds of government in their portfolio. In other words, the buck stops with them," she states.
Section 93 of the Constitution says that the minister who is given the responsibility for any particular subject or department of government must provide general direction and control over the work which is related to that subject and over that department; and as long as this general direction and control is observed, that work and the department must be under the supervision of a permanent secretary who must be appointed according to Section 126.
But, is the minister the permanent secretary's boss? Not so, says Davis. He explains that while it is informally accepted, there are no legal provisions to substantiate the belief. "I suppose you can say so informally, but not constitutionally, (because) they are not appointed or disciplined by the minister," the Cabinet secretary says.
The authority to make appointments to the office of the permanent secretary constitutionally rests with the governor general. However, in doing so, he must act on the recommendation from the Public Service Commission, but not before consulting with the prime minister, who can insist that the original recommendation be reconsidered.
PM's recommendation
Therefore, the political directorate cannot hire or fire a permanent secretary. However, the prime minister can recommend to the governor general that a permanent secretary be reassigned to a similar post that carries the same salary.
At the same time, the letter of appointment given to permanent secretaries when they take up office says they must comply with directives from their respective ministers; even if they perceive the directive to be improper or irregular.
"If the minister in charge of the ministry is contemplating a course of action involving a payment which you consider would infringe the requirements of propriety or regularity, you should set out in writing, your objection.
"If the minister decides nonetheless to proceed, you should seek a written instruction to make the payment. Having received such an instruction, you must comply with it, but should then inform the financial secretary of what has occurred and should also communicate the papers to the Financial Management Division of the Ministry of Finance and the auditor general … " reads a section of the letter of appointment that is given by the minister of finance.
Davis believes that too few permanent secretaries practise penning their objections to directives from politicians.
"(While) you don't want to commit everything in writing immediately, people do not like when you put things in writing … When you put it in writing, it is going to have some response and maybe there is not enough of that."
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