The appointment of a Senator as Premier Jennifer Smith's Chief of Staff was out of line with the law, Opposition MPs claimed yesterday.

Opposition Leader Pamela Gordon said: "Under general orders, there is a specific method by which a selection process happens.

"All I want to be assured is that the process was carried out -- we talk about these issues of `pockets of sloppiness' and all we hear about is increase, increase in personnel.'' And she added that the Chief of Staff and Premier's aide jobs should have come under the Legislature section of the Budget -- not Cabinet Office.

But Finance Minister Eugene Cox said the law allowed for the appointment of support staff for both the Premier and Opposition Leader and insisted the job did not have to come under the head of the Legislature and could be under the individual budget for the Cabinet Office itself.

Ms Smith made Sen. David Burch Chief of Staff at Cabinet Office and brought her assistant while Opposition Leader into the Premier's office as an aide.

But Shadow Finance Minister Grant Gibbons added: "There are some fairly clear instructions set out in regard to the appointment of staff for the Premier.'' Dr. Gibbons said Ms Gordon had queried if the appointments had followed the legislation laid down to cover personal appointments, passed in the House of Assembly in the '80s to allow Sir John Swan to bring in a non-Civil Service aide.

He added: "What was interesting is that the last time this was used, there was an instrument of appointment -- more or less a job description -- so the House could see very clearly what the duties and responsibilities were.

"It said what the duties, the salary, all the things you might expect, were -- we haven't seen anything of that sort.

"And if we're going to use this particular piece of legislation, there should be so we, as guardians of the taxpayers' money, can satisfy ourselves it's money well spent.'' Dr. Gibbons said in the US it was "pretty clear'' what the duties of the White House Chief of Staff were -- although he stressed he did want to "overblow'' Sen. Burch's duties with the comparison.

And he added: "He is not actually a Civil Servant and it would be useful to the taxpayer to know what his duties are.'' He asked if Sen. Burch instructed the Cabinet Secretary -- although he admitted he would be surprised if Sen. Burch did -- or whether he was "someone who simply holds the papers'' or "someone who drives the Premier around from time to time.'' And he said: "Clearly, it cuts across to some degree the Public Service Commission as well.'' But Mr. Cox insisted that law meant only that "whatever monies are paid have to be approved by the Legislature''.

He added later: "They seem to have got an interpretation of that Act -- my point was that the Act is saying that any monies paid out had to be authorised by the Legislature. It didn't mean it had to be in the vote of the Legislature as such -- it could be in the Budget under the Cabinet Office, which is where we think it belongs. The Opposition seem to be saying that the monies had to be in a specific section..'' Mr. Cox added: "It has to come to the House ultimately as part of the Budget -- but it doesn't have to come in the form of a resolution or a supplementary estimate.'' David Burch