Demise of the service commissions

THE INTRODUCTION of the service commissions in the 1962 Constitution was because of the defiance of Dr Rudranath Capildeo at Marlborough House in London during the negotiations for the independence of the Trinidad and Tobago. The mandate of the commissions in the 1976 Constitution remained the same as that of the 1962 Constitution. This mandate was simple – to serve as a shield for the public servant from the nepotism and victimisation which could occur in its absence.

From the inception, the commissions were destined to fail as they depended on the State to provide the financial strength to competently perform their functions. This lack of support for the commissions was seen from the fact that the members are all part-time. This arrangement may have been suitable for 1960 but not for 2021.

In 1960 the workforce of Trinidad was a mere fraction of the size that it is today so it might have been possible for a part-time commission to manage the work that was required of it. In 2021 that job has become impossible. The Constitution gives the commissions the sole right to appoint, transfer, discipline, promote and dismiss members of the various services.

The 1976 Republican Constitution separated the Public Service Commission into the Fire Service Commission, Prison Service Commission, Police Service Commission and the Teaching Service Commission. Although it may appear that they are separate, they are still linked through the director of personnel administration who oversees the work of all the service commissions.

In 1976, the Teaching Service Commission would have had to deal with fewer teachers than it must deal with today. The number of positions in the Teaching Service has increased and the number of promotional positions has also increased. Additionally, as of August 2005, the Teaching Service Commission would have an additional 39 positions with as many as approximately over 500 officers occupying these positions. It is impossible for the commission to effectively perform its many roles efficiently on a part-time basis.

Moreover, from 2014 to present the service commissions have continuously had their subventions from the Government reduced. In 2014, they were given a grand total of $104 million to service all five commissions. In 2022, the budgeted figure for the commissions is approximately $72 million. A reduction over time of approximately 31 per cent. It is important to note that one legal matter that goes to the Privy Council could run into over $750,000. Additionally, there is a cost to (1) interview potential employees, (2) interview employees for promotion, and (3) conduct disciplinary tribunals.

The Teaching Service Commission has seen an increased number of interviews to be conducted because close to 1,000 new promotional positions have been created. These are:

* Deans of secondary schools

* Heads of department of secondary schools

* An additional vice principal for all the former senior comprehensive schools

* The position of senior teachers in the many small primary schools

* The position of head of department in large primary schools

Based on various occurrences throughout the reign of various administrations within the last few decades, one may construe there is a move to starve the commissions of funds, so they are unable to perform their functions efficiently. One may further surmise the potential for political impropriety should such a context obtain, a situation that must be avoided at all costs. Every effort must be made to maintain the independence and integrity of these institutions of our democracy.

While there is the view that being in control of one’s business includes hiring, firing and all other human resource functions, any lacuna in the laws and regulations governing the functioning of the Public Service must be identified and addressed to mitigate the risk of creating “mongoose gangs,” “hit squads” and opportunities for political nepotism and victimisation.

The solution to the perceived lack of performance of the commissions is simple. Firstly, strengthen the supervision capability of the Office of the President so that the work of the commissions can be properly monitored. Secondly, appoint the commissioners for a period of five to seven years on a full-time basis and compensate them accordingly. Thirdly, provide the necessary subvention for them to effectively perform their functions. This would ensure that the commissions are accountable while they are provided with the necessary tools to successfully perform their functions.

Finally, Dr Capildeo was correct when he said there should be no political interference in the functioning of the service commissions; one has only to look at the debacle with the Police Service Commission and the installation of an acting commissioner to appreciate this position.