Opposition Member Honourable Julian Fraser RA (R3) has described the Public Service Management Bill as unconstitutional. Photo: YouTube

The Public Service Management Bill was presented to the HoA by Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7). Premier Wheatley moved a motion for the bill’s second reading in the HoA on Thursday. Photo: YouTube

Honourable Fraser, speaking during the Eighteenth Sitting of the First Session of the Fifth House of Assembly (HoA) on Thursday, August 22, 2024, said while the bill speaks to the Virgin Islands’ (VI) advancements towards self-governance it also “points out where this bill wants to take us”.

This he said is unacceptable and should be to every other member of the HoA.

‘The Constitution is clear’- Hon Fraser

Hon Fraser cited a section of the bill that states, “The Deputy Governor shall be head of the public service where the Governor acting pursuant to section 38.2 of the Constitution authorises in writing the Deputy Governor to oversee responsibilities for management of the service”.

However, he pointed out that this is contrary to the roles and responsibilities of the Governor and Deputy Governor as laid out in the Constitution.

Hon Fraser continued that while the bill in part seeks to “empower” the Deputy Governor, how it is being done cannot work because the Constitution is clear.

The bill presented to the HoA he said, is informing that the entire public service and its operations will be delegated to the Deputy Governor by the Governor.

‘You’d think he can delegate the entire public service’- Hon Fraser

What can be delegated to the Deputy Governor by the Governor is limited as the Governor himself is responsible for the administration of departments such as External Affairs; Defense to include armed forces; Internal security including the police force; Terms and conditions of services of persons holding or acting in public offices; and the administration of the courts.

This Hon. Fraser said is what the Governor is responsible for in the public service and no other department.

“If you read the bill, you’d think he can delegate the entire public service…It’s unconstitutional because the Deputy Governor’s role and responsibilities are clearly spelt out in the Constitution, he can’t be anything else but the Deputy Governor and those roles that are spelt out is the parameters within which he must stay,” Hon Fraser argued.

The Public Service Management Bill was presented to the HoA by Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7). Premier Wheatley moved a motion for the bill’s second reading in the HoA on Thursday.