Government's equal rights law doesn't apply to . . . Government
Six months after it was passed, a Government law that gives equal employment rights to spouses of Bermudians applies to everyone except Government.
When the Immigration and Protection Amendment Act passed the House of Assembly in June, Labour and Home Affairs Minister the Hon. Irving Pearman lauded it as a measure that would remove "impediments so that the family structure can grow from strength to strength.'' Transport Minister the Hon. Maxwell Burgess added that "it brings a sense of parity in Bermudian families and the Bermudian community.'' The bill also had the support of the Opposition Progressive Labour Party. But Public Service Commission vice-chairman Mr. Wendell Emery confirmed on Monday that the PSC Regulations were never amended to comply with the new law.
When it comes to Government posts, spouses of Bermudians "wouldn't be treated equally'' by the PSC, Mr. Emery said.
Any further questions would have to be answered by PSC chairman Mrs. Jeanette Cannonier, he said. She was off the Island.
Yesterday, a Government spokesman said numerous amendments to the PSC Regulations were being worked on by Personnel Services and discussed at the Cabinet and PSC level. But it was not known when they would be approved.
"Sometimes when you make changes like this, it requires a little time for other changes to be made to catch up with you,'' the spokesman said. "The PSC Regulations are part of the law. It's a time-consuming process to get those changed.'' But Opposition critics said Government was not practising what it preached.
Opposition Senate Leader Milton Scott, who is general secretary of the Bermuda Union of Teachers, said he has brought the matter to the attention of the Education Ministry.
"We had spouses of Bermudians who were terminated in August, contrary to the law that was passed,'' Sen. Scott said. "It's amazing that they expect the private sector employer to comply with it when Government itself is not complying.'' Under the PSC Delegation of Powers Regulations, most hiring matters related to teachers are delegated to Education Permanent Secretary Dr. Marion Robinson, he said. She could not be reached for comment yesterday.
"Obviously, there is an immediate inconsistency,'' said Shadow Labour and Home Affairs Minister Mr. Alex Scott.
Mr. Scott said there was a further inconsistency in Government's recent hiring of Canadian Mr. Don Grearson from his position as News Editor of The Royal Gazette to do public relations work for the Base Transition Office.
In defending its hiring of Mr. Grearson for the non-advertised part-time contract, Government noted that he is the spouse of a Bermudian.
Under the PSC rules, "other Government offices and agencies are required to in actual fact treat Bermudians with preference,'' Mr. Scott said. "In this case, the Bermudians weren't even given the opportunity to apply for the job.'' Mr. Grearson's job is a personal services contract that did not go through the PSC.