CO129-600-2 Salaries Commission- proposed Public Services Commission 20-1-1948 - 1-3-1948 — Page 88

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(2)

machinery exists for ensuring that promotions will be dealt with impartially and with full consideration of the claims of all candidates.

It is in any case desirable that the Public Service Commissions should be the authority for promotions from class to class i.e. promotions from one class of the service to a superior class which is normally, or as a regular practice, partly filled by new recruitment. This would mean in effect that such promotions were treated as "appointments" and would ensure the maintenance of a

recognised standard.

(၁)

Discipline

1xecutive Council is at present required by Colonial Regulations to advise the Governor on matters of discipline for the higher grades in accordance with the new conception of the Executive Council, elaborated in the paper on Constitutional Development (A.G.C.No.2) this would not normally be a suitable function for the Council though cases may come before it in special circumstances. It is, however, desirable that discipline should remain the responsibility of the normal executive machine, subject to recourse, when necessary, to an independent Appeals Tribunal as recommended in paragraph 24 (g) of the paper on Constitutional Development (A.G.C. No.2). The balance of argument would appear to be against the Public Service Commission serving as the appeal tribunal, if only because the two functions call for different qualities.

(a)

Conditions of Service

It is not normally desirable that a Public Service Commission should deal with changes in general conditions of service. Such questions are more properly dealt with by discussions under the Whitley Council procedure, subject to the final authority of the Legislative Council. The point of a Public Service Commission is that it operates independently of pressure from either the Executive or the Legislature. In certain cases however the government may wish to ask the Public Service Commission or the Appeals Tribunal for advice on specific points.

Composition

All members should be appointed by the Governor. It is desirable that the number who sit at any one time should be kept as small as possible though they might be drawn from a panel according to the business before the Commission. If the functions of the Commission are confined to appointments to the Public Service and class to class promotions, there might well be advantage in having unofficial as well as official members. In that event, however, it is most desirable that the unofficials appointed should not in any way be actively engaged in politics. If the functions of the Commission are for local reasons extended to deal with promotions within a class or to disciplinary cases in the first instance it would normally be inappropriate that unofficial members should take part in this work. The Appeal Tribunal dealing with disciplinary cases on appeal could with advantage include at least one unofficial member as suggested in paragraph 24 (g) of the paper on Constitutional Development (A.G.C. No. 2). Where possible, it would be advisable to emphasize the independent character of the Commission by the provision of its own separate secretarial staff, and accommodation.

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