CONFIDENTIAL
THE THEN ATTORNEY GENERAL'S VIEW, WHICH IS SHARED BY THE PRESENT ATTORNEY GENERAL, WAS THAT THERE WERE GOOD GROUNDS FOR CHALLENGING THE CORRECTNESS OF THE DEMARCATORS' DECISION, LEADING
AS IT DID TO THE SOMEWHAT SURPRISING CONCLUSION THAT REGULATIONS
WHICH HAVE BEEN ACTED UPON, ACKNOWLEDGED AND RESPECTED AS BINDING
FOR A GREAT MANY YEARS, HAD ALL ALONG BEEN OF NO LEGAL SIGNIFICANCE
WHATEVER. AT THAT TIME THE POLICY WAS THAT IF FUTURE CASES AROSE,
THE CIVIL SERVICE REGULATIONS WOULD BE RELIED UPON AND THE MATTER
TAKEN THROUGH TO THE COURT OF APPEAL.
HOWEVER, RECENT ACTS AND THREATS OF INDUSTRIAL ACTION BY
CIVIL SERVANTS FOLLOWING PUBLICATION OF THE STANDING COMMISSION'S
FIRST REPORT ON CIVIL SERVICE PAY HAS LED TO RECONSIDERATION OF THE VALIDITY OF CIVIL SERVICE REGULATIONS, SINCE IT MAY PROVE
NECESSARY AT ANY TIME TO USE THE POWERS UNDER CSR S 610 AND 611
TO DEDUCT PAY OR SUSPEND WITHOUT PAY.
THE ATTORNEY GENERAL HAS NOW ADVISED THAT SUITABLE LEGISLATION BE INTRODUCED IMMEDIATELY SO AS TO REMOVE THE PRESENT UNCERTAINTY.
PROVISIONS OF THE BILL
CLAUSE 1 PROVIDES THAT THE ORDINANCE SHALL COME INTO OPERATION ON 21 NOVEMBER 1979, BEING THE DATE ON WHICH THE BILL IS TO BE
RBLISHED.
CLAUSE 2 COVERS INTERPREATATIONS. CLAUSES 3 AANND 4 ARE REPRODUCED
BELOW:
"3. (1) IF ANY PUBLIC OFFICER, WITHOUT ANY REASONABLE EXCUSE,
FOR ANY PERIOD
(A) IS ABSENT FROM HIS PLACE OF WORK: OR
(B) REFUSES OR OMITS TO PERFORM ALL OR ANY OF HIS USUAL DUTIES
WHILE ATTENDING HIS PLACE OF WORK: OR
(C) ENGAGES IN IRREGULAR INDUSTRIAL ACTION SHORT OF A STRIKE, THE SECRETARY FOR THE CIVIL SERVICE MAY AUTHORISE THE DEDUCTION FROM HIS SALARY, WAGES OR ALLOWANCES FOR THE MONTH IN WHICH THE ABSENCE, REFUSAL,, OMISSION OR IRREGULAR INDDUUSSTRIAAL ACTION OCCURS
OR FOR ANY SUBSEQUENT MONTH, SUCH AN AMOUNT AS HE MAY CONSIDER APPROPRIATE IN THE CIRCUMSTANCES.
/(2) FOR
(r
appropriate for loss, reduction or impairment of the offies sevices
CONFIDENCIAL