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Clause 15 of the Bill accordingly contains a saving provision to show th no derogation of these provisions is indicated. Consistently with the constitutional position thus arising the functions of the Commission are purely advisory. This is clarified by clause 6 which also requires that regulations be made specifying more particularly the spheres in which the advice of the Commission will be sought. It is proposed to consult the Commission fully whenever a vacancy in the pensionable establishment of the public service arises unless the vacancy arises in one of the posts excepted by sub-clause (2) of clause 6. The exceptions are made for a variety of reasons. In the case of the Governor and Heads of Department the Secretary of State has inevitably to consider candidates from other Colonies about whom the Commission will have no information. In the case of military organizations or a quasi-military force such as the Police it is thought desirable that promotion should proceed on the normal lines counselled by experience of such forces. In the case of the Governor's personal staff the Governor's wishes should clearly be the paramount consideration. Save in regard to excepted posts the Commission will also be consulted on all questions of promotion save where an increment in salary does not involve the passing of an efficiency or promotion bar. The Commission will be asked to advise on conditions of service generally and it should also be observed that under clause 6(1)(d) the Governor may refer any matter affecting the public service to the Commission. Temporary appointment on a monthly basis and acting appointments will not be referred to the Commission. These matters will be dealt with by regulations made under clause 6 but it is necessary to refer to them here to indicate the practical effect of the Bill.
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5. Clause 9, which makes it an offence to give false information to the Commission, is designed to deter applicants from concealing or misrepresenting material facts while clause 10 extends the protection of privilege to the official reports, statements or other communications of the Commission. Clause 11 affords the same protection to a Chairman or member of the Commission against legal proceedings as is by law afforded to a magistrate.
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6. Clause 12 prohibits the publication or disclosure to unauthorized persons of information supplied to the Commission. Clause 13 makes it an offence to influence or attempt to influence the Commission.
7. Clause 14 empowers the Governor in Council to make regulations on a number of subsidiary matters as well as on the matters which by clause 6 require to be prescribed.
J. B. GRIFFIN, Attorney General.
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