Martineau: PM has power to veto PSC promotions

In instances where the Public Service Commission (PSC) recommends a public servant for a senior position such as permanent secretary or head of a department, it does not mean that the person will automatically get the job, as the Prime Minister has the constitutional power to veto such  recommendations. This was the view expressed by  attorney Russell Martineau SC yesterday, as he lay the constitutional background to show the power of the Prime Minister to veto such recommendations. He was at the time defending Prime Min-ister Patrick Man-ning’s decision to veto the PSC’s recommendation that Assistant Commissioner of Val-uation, Ganga-Persad Kissoon, be promoted to Commissioner of State Lands.

The job had been given to Stephanie Elder-Alexander ins-tead. Kissoon has since filed for judicial rev-iew, challenging the PM’s decision as illegal and unfair. The matter is being heard before Justice David Myers in the Port-of-Spain Civil Court. Kissoon’s attorney, Dr Fenton Ramsahoye SC and Anand Ram-logan, are saying that while they agree that the PM has such power, he should exercise those powers fairly. Martineau made the point that there was nothing fundamentally wrong with such powers, and that it was necessary for the running of good government, in that there must be compatibility between the line ministers, permanent secretaries and heads of department for the implementation of policies.

He made it clear that he was not saying that in Kissoon’s case there was no compatibility, but warned: “Not because the PSC say so, it’s so.” He noted that in other countries, such as England, the PM had such powers. Martineau said while the Constitution does not say that the PM must consult before vetoing a recommendation, it was apparent that he would do so with the respective line minister of the ministry. And in this case he did so before  making his decision, Martineau added.

Martineau noted that while Kissoon was number one in the interview for the position, and Alexander second, he suggested that she was more suited for the position since she had a masters degree in dealing with land, unlike Kissoon, who came from valuation. Martineau also pointed out that Alexander was a senior employee with the Ministry of Agriculture, where the position was available, and that she obviously had an every day working relationship, while Kissoon was coming from the Ministry of Finance. Martineau said the evidence will show that the PM made it quite clear that he took what the PSC and the line minister had to say before he made his decision. Martineau will continue his submission on Monday.