The Progressive Labour Party has voiced “grave concerns” about published amendments to the Public Service Commission that he said would compromise the impartiality of the body.

While the Bermuda Government have said the amendments were published prematurely and that discussions were ongoing, Michael Scott, the Shadow Attorney-General, released a statement this afternoon.

“The impartiality of the civil service is a guiding and fundamentally protected principle of the Bermuda Constitution,” he said.

“We find much validity in the disquiet expressed by former senior civil servant and cabinet secretary Donald Scott, who notes that the amendments introduce the alarming risk of transforming the role of the PSC from an ‘impartial appointing authority’ for senior civil servants into a ‘politicised semi-executive body’ that will set performance goals.

“The PLP echoes the reservations expressed by Mr Scott, a significant number of senior and rank and file civil servants and the BPSU. We regard the official notice as being published with knowing intent in a clear promulgation of government policy.

“The later recall by the Premier, using the unconvincing excuse of prematurity of this inappropriate publication, reflects a weak and shambolic government, unsure of itself. It is no wonder that the uneasiness proliferating the civil service has not abated.”

According to a letter by Donald Scott, published in this newspaper last week, the former civil servant noted that the Public Service Commission Amendment Regulations 2016 had been published in the notices section of the December 7 edition of The Royal Gazette.

He expressed concern about some of the amendments, stating that they would extend the role of the Public Service Commission from an “impartial appointing authority” for senior civil servants to a “politicised semi-executive body” that will set performance goals for senior civil servants.

“The change is so fundamental it raises the question of whether the Governor is stepping beyond the authority given to him by the constitution,” he wrote. “I am aware that the original draft of these contentious amendments was deemed unconstitutional by the Attorney-General’s Chambers.

“Major changes to the role of the PSC, as contemplated by the Governor, would properly require a Constitutional Conference. Such a conference has not been convened to consider the Governor’s desire to extend the role of the Public Service Commission.

Civil servants are in a state of disquiet about the implications of the amendment.”

Responding to the comments today, Michael Scott said that Section 84 of the Constitution makes it clear that the Commission can regulate its own procedure, but the amendments would undermine this by stating that the Commission “shall, in consultation with the Governor, the Premier and the relevant minister, establish annual performance objectives”.

Additionally, he said the amendments provide for the submission of performance reports of senior officers to the Governor, the Premier, the Cabinet Secretary Head of Civil Service and the relevant Minister.

“This statutory oversight by the relevant minister introduces an executive and, therefore, political factor into performance appraisals, thus compromising the impartiality of the commission,” he said.

“In our small community, the risk of political dependence and alignment within the civil service is always present. Instead of politicising the role of the PSC, we should strive to obtain the best ideals for the Bermuda Civil Service; ideals that reflect the same values of meritocracy, open government, inclusive development and economic growth of the political leadership, but with a distinctive role

“These regulations are not only completely antithetical to the requirements of a strong and impartial civil service, but likely unconstitutional.

“The OBA Government’s irresponsible publication of the amendments and subsequent disingenuous withdrawal shows a clear lack of leadership on the part of Premier Michael Dunkley. Proposals for changes to the Public Service Commission Regulations demand careful and considerate thought and respect for the fundamental principle of impartiality. The Government’s foolhardy approach on this issue will not easily fade from the minds of civil servants and all Bermudians.”