The Government and the Opposition are willing to discuss changes to the Constitution to better regulate the practice of public officers being chosen on the basis of trust without a call for applications.
Appointments of trust are “unconstitutional”, according to the latest Public Service Commission’s annual report.
The PSC has suggested legal amendments to “set the boundaries” on appointments of trust, acknowledging that it was “justifiable” for ministers to have trusted secretariat staff.
Even though the Constitution allowed appointments of trust in very limited exceptions, the practice was resorted to for years even when there was no apparent justification, the PSC noted.
Asked about these issues, the Government said it fully understood the PSC’s concerns and the dilemma presented by fiduciary appointments.
A spokesman for the Prime Minister noted the PSC’s recognition of the importance of having a wide degree of trust between a minister and an employee directly involved in taking decisions of a political nature.
“This can only be achieved if the minister is directly or indirectly involved in the choice of his team,” the spokesman said.
Trust can only be achieved if the minister is directly or indirectly involved in the choice of his team
“On the other hand, the extension of such systems beyond their natural political limits would give rise to constitutional problems with regard to the fairness of the recruitment process to public employment and the question of equality of access to public employment.”
The spokesman concluded that the issues raised by the PSC “certainly have the credentials” to be placed on the agenda of constitutional reform discussions.
A spokesman for the Nationalist Party agreed.
“The Nationalist Party is very willing to discuss the proposals put forward by the Public Service Commission with a view to improving the manner in which appointments of trust are made,” he said.
“This discussion could be part of a wider dialogue on constitutional reform,” he added.
In its annual report for 2012, the PSC referred to a case where the Health Ministry wanted to re-engage a retired former pharmacy technician on the basis of trust, without a call for applications.
A similar issue had arisen on the appointment of judicial assistants who became entitled to permanent employment even though they were engaged on the basis of trust.
Such practice showed that positions of trust could be transformed into public service posts “at the stroke of a pen”, the PSC warned.