Head of the Civil Service Derrick Binns stressed that decision-making lies in the hands of ministers as he spoke out on the controversial failure to follow financial instructions.

Auditor-General Heather Jacobs Matthews has heavily criticised the Bermuda Government for a “litany of non-compliance with financial instructions and related rules” for the fiscal years 2010, 2011 and 2012.

But while Mrs Matthews has called for senior civil servants to be penalised when they break financial rules, Dr Binns stated in a press release yesterday: “Every civil servant knows that ‘civil servants advise; ministers decide’.

“It is for this reason that the public face of government policy is invariably the responsible minister.”

Dr Binns stated that the ministerial code of conduct for Bermuda indicates: “As the political head of a ministry, the minister is responsible for all of its acts and omissions, and must bear the consequences of any defect of administration or any aspect of policy which may be criticised in the legislature, whether personally responsible or not.”

He reflected: “This preserves the impartiality of the civil service who serve the government of the day, not taking sides or blocking policies with which they may personally not agree and conversely not advancing interests which they personally support.

“Bermuda has a competent, dedicated and hardworking civil service.

“Changes in administrations and governing parties have been successfully managed over several years and ministers have and do continue to rely on the advice of civil servants, confident in the knowledge that once advised, their decisions will be implemented without fear or favour, affection or ill will.”

Dr Binns also referred to a definition from the civil service commission website in Britain: “Her Majesty’s Civil Service is responsible for the implementation of executive decisions of the Government and as such, it plays the key role in all segments of life including security.

“Civil servants support the government in power but they are employees of the Crown and not the parliament although the latter may call them on account. In order to keep their independence from the politics and the parties in power, civil servants are in a way protected from the latter through their responsibilities.”

Dr Binns stated: “Bermuda’s Constitution created a Cabinet-style Government and as such the executive decisions of the elected Government of Bermuda are made by the Cabinet.

“This includes the award of contracts, new policies, proposed legislative changes and the organisation and staffing of the public service.

“Civil servants regularly advise ministers on administrative processes and on the importance of adhering to financial instructions, Bermuda’s laws and where applicable, longstanding custom and practice. In every instance, the advice of civil servants should be given openly and honestly, leaving ministers in no doubt as to the implications surrounding any decisions they might make individually or collectively as the Cabinet.”