The clue to the purpose and status of permanent secretaries is in their name

Published: March 28, 2013 at 9:33pm
Mario Cutajar tal-General Workers Union - the new head of the civil service

Mario Cutajar tal-General Workers Union – the new head of the civil service

The incoming Labour government found 10 permanent secretaries. It demanded the resignation of all of them. It accepted seven resignations, retained three of the permanent secretaries and appointed ELEVEN new ones. So now there are 14 permanent secretaries, only three of which actually are permanent.

The Nationalist Party issued a statement yesterday, reminding people that the whole point of permanent secretaries is that they are permanent and their position is protected as such. The purpose is to ensure continuity between changes in government.

In demanding their resignation as its first act of government, Labour has once more shown that it is determined to politicise the civil service, the PN said, and that it places this above the national interest, which is to have a non-politicised civil service and smoothness in and beyond transition.

“For the first time ever, changes to permanent secretaries have been linked to a change in government, and this politicisation (of the civil service) is an unhealthy development,” the Nationalist Party said, describing the move as “unnecessary and aggressive”, especially because some of the permanent secretaries were due to retire soon anyway (it is generally senior and highly experienced civil servants who are chosen for the role).




29 Comments Comment

  1. francesco says:

    Daphne, it seems to me that all these ‘quasi’ illegal moves cannot be controlled, let alone stopped, and we’re just at the beginning.

    Since that our Democracy is at stake, can you report all these ‘movements’ to someone at the EU for example?

    • Min Jaf says:

      The EU no doubt is fully aware and informed of developments in all of the EU members countries, but the EU as such is not empowered to intervene in what are essentially administrative decisions by government.

      One very good reason why prime ministers like Mintoff, Karmenu Mifsud Bonnici, and now Joseph Muscat get away with this type of abuse is that, the above comment being a typical attitude, Maltese citizens are never ready to stand up in defence of their own rights, but always expect somebody else to do it for them, or some deus ex macchina to come in and fight our battles.

      We are not helpless.

      Permanent secretaries, as evident from their title, are permanent and so cannot be removed by government before expiry of their period of appointment.

      When Prime Minister Joseph Muscat, through Mario Cutajar, demanded their resignation, permanent secretaries could simply have ignored that demand since it was ultra vires.

      Alternatively, they could have replied that since they had done nothing wrong, and their period of appointment had not yet expired, they had absolutely no need or intention to resign.

      • ciccio says:

        Permanent secretaries can only be removed by the President acting on the advice of the Prime Minister after the latter has consulted with the Public Service Commission.

        It is a pity that all Super One journalists have all moved in as PR coordinators within the ministries. They were so good at harassing government ministers with their microphones that I would have paid Ramona Attard to ask Prime Minister Joseph Muscat if he had gone through that process.

      • A.Attard says:

        “when Prime Minister Joseph Muscat, through Mario Cutajar, demanded their resignation, permanent secretaries could simply have ignored that demand since it was ultra vires.”

        Exactly, shows that they are missing something essential in the anatomy department. It is also a reflection on what kind of yes men they are and consequently what a poor choice they were by the previous administration in the first place, since in that position you need exactly the opposite of a yes man.

        Can you imagine Sir Humphrey accede to the requested resignation?

      • Baggio says:

        By requesting the parliamentary secretaries’ resignations, they are requesting total submission from the civil service. It’s not all about being a yes man. Shades of Mintoffian tactics in castrating the civil service.

    • H.P. Baxxter says:

      Two words. Simon Busuttil.

      Three actually: EPP

      • Harry Purdie says:

        Ok, Baxxter, understand your stance since we talk privately.

        However, whether Simon gets there or not, we now have a stacked deck facing us.

        A terrible bunch of incompetents now rule, led by another incredibly incompetent minipulative liar.

      • Bubu says:

        Oh please. By the time the PN are done contemplating their collective navel, all this will be over and done with, water under the bridge, completely forgotten by everyone and his dog.

      • H.P. Baxxter says:

        How right you are, Bubu, how right you are. That has always been the Maltese way. Too slow to react, if at all. What a shitty lickspittle country. And we wanted EU membership?

    • Wilson says:

      ‘it seems to me that all these ‘quasi’ illegal moves cannot be controlled’ why not point it out to Franco. He is there now to iron these things out, isn’t he?

  2. ciccio says:

    The only permanent fixtures of this government are Alex Sceberras Trigona, Leo Brincat, Karmenu Vella, George Vella and, wait for it, Joe Debono Grech.

    All the rest is temporary and perishable.

  3. Maria Xriha says:

    One question I haven’t seen asked is with reference to the now more than direct contact of whatever goes on in the civil service and the GWU. With Mario Cutajar positioned where he is, and with the pre-election recording of Tony Zarb stating all he did, what information gleaned from present and past communications with Government is being passed over to the GWU?

  4. Rumplestiltskin says:

    This business with the permanent secretaries is shameful and should be worrying all right-thinking people. Politicising the Civil Service in this shameful way bodes ill.

    • Min Jaf says:

      Yes, indeed. The intelligent minority picked up that message long before the start of the election campaign.

      Now try and get that same message across to the likes of Kenneth Zammit Tabona, Kevin Drake, and the rest of the thickos, spiteful bitches and the unprincipled favour-seekers that make up the gullible majority.

    • Wilson says:

      Removing the permanent secs is a basic attack on democratic continuation. Both psychologically and logistically.

  5. La Redoute says:

    Even more interesting than the summary execution of existing permanent secretaries is the list of those chosen as substitutes.

    I hear that the one appointed to Leo Brincat’s ministry is much given to remarks and jokes that are offensive to women. That’s not a smart move for the most feminist government in history.

  6. Gendus says:

    I attribute what happened to the permanent secretaries in part to the former government. Through the Public Administration Act, the Prime Minister was/is assigned full powers over the public administration, which includes public authorities, amongst other powers.

    Therefore the current joke of a prime minister can do whatever he wants with respect to the entire civil service, and that is why many civil servants (many of which never indicated political preferences or favoritism during their term of employment) are worried sick about their future.

  7. old-timer says:

    I feel that the “retained” permanent secs should have refused their retention. They should have acted in a gentlemanly manner and supported the “sacked” ones.

    Of course Joseph “needs” the financial perm sec to prop up scicluna in his complex ministry..It is good to see that the PN is at least moving a bit. They should now try and present a more-or-less united party; a bit difficult, but not impossible.

  8. Sarah says:

    Why wasn’t Lou Bondi on his programme last night? Why hasn’t he talked politics since the change of Government? Are they putting pressure on TVM presenters?

  9. infurmat says:

    The termination of engagement of a parliamentary is clear in the Constitution of Malta: ‘tnehhija mill-kariga ta’ persuni li jkunu jzommu jew ikunu qed jagixxu f’dik il-kariga tkun fil-President li jagixxi skond il-parir tal-Prim Ministru moghti wara li l-Prim Ministru jkun ikkonsulta mal-Kummissjoni dwar is-Servizz Pubbliku.’

    What does the Public Service Commission have to say on the way parliamentary secretaries were handled? Has it really been consulted on the reasons why they were removed?

    Was this move by the Head of the Civil Service constitutional?

    • A.Attard says:

      The permanent secretaries resigned because they were asked to do so, but in the end they chose to resign so there is nothing illegal or unconstitutional there.

      The permanent secretaries could have chosen not to resign but they were made of straw.

      Except for three all the resignations were accepted, those three must be experts in the art of brown-nosing.

      • Infurmat says:

        Mr Attard, if the Constitution does not contemplate that permanent secretaries should hand in their resignation after a change in administration than to me it is illegal for them to have been asked to do so. Is this why, according to media reports, the request to them was made verbally?

        According to media reports, I also understand that not all permanent secretaries chose to resign but it seems that those who did not ask to resign got kicked out anyway. Is this legal? Don’t think so…….it looks to me to be a very dangerous precedent indeed this perm secs issue.

    • ciccio says:

      We need to know the involvement of the President of the Republic in this.

      Did he or did he not ask for the removal of the Permanent Secretaries in accordance with the Constitution?

      Did Mario Cutajar presume a right which belongs to the President and acted in a role of the President of the Republic?

      Did Mario Cutajar act as the President of the Republic, the Prime Minister and the Public Service Commission in one person when demanding the resignation and in removing the Permanent Secretaries?

      Is this a serious violation of the Constitution of Malta at the very top of the government where leadership by example is necessary?

  10. infurmat says:

    Corrections: INFURMAT change ‘parliamentary’ to ‘permanent secretary’ in first sentence and ‘parliamentary’ to ‘permanent’ in second sentence.

  11. Baggio says:

    It is the norm in such appointments, Permanent Secretaries,.CEOs, Chairmen etc to also publish a short bio and CV of the appointee.

    Am I missing something?

  12. Sasha says:

    I doubt that some Permanent Secretaries handed in their resignation. I believe they didn’t and were removed anyway, but they aren’t speaking out. This is even more concerning.

    • Baggio says:

      That’s what they should have done. PSs are not part of Minister’s Secretariat or political appointees like Chairmen and Board members. Anyone who hasn’t tendered his resignation and is dismissed has grounds for unfair dismissal.

      Back to the 80s it seems.

  13. Francis Saliba MD says:

    Reminds me of the “bad” old days that we were promised had gone for ever but that are evidently again sadly upon us and with a vengeance!

    In a court case I had instituted against the then acting Commissioner of Police for perjury, in Mintoff’s time, my key witness was warned by the AG lawyer not to repeat in open court the damning truthful evidence that he had given before the Public Service Commission or else disciplinary action would be taken against him. The flabbergasted witness asked “Disciplinary action for what?” to which the incredible answer was “Never mind! We will find something!”

    Evidently the not-so-permanent Permanent Secretaries were threatened with a similar Mafia style “offer that they couldn’t refuse”!

    That is how “Malta Taghna Lkoll” is working out in practice in the first two weeks after the general election.

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