44.Details will have to be worked out in the Federation, but we agree that the following principles should be observed:-
- (a) it is of vital importance that the Public Service Commission should be independent and free from political influence;
- (b) the members of the Public Service Commission should be appointed by the High Commissioner, in his discretion, after consultation with the Chief Minister;
- (c) taking advantage of experience elsewhere, care should be taken in delineating the respective functions of the Public Service Commission and those of government in relation to the public service, the broad principle being that the government and legislature are necessarily responsible for fixing establishments and terms of employment while the Public Service Commission is charged with the internal administration of the service as a professional body and with the responsibility for public service matters including appointments, promotions and the application, when necessary, of disciplinary provisions in respect of members of the public service.
- (d) members should be carefully chosen to be widely representative but should be men capable of working as a team and not speaking merely for sectional interest;
- (e) The Chairman should be a person who will command the respect both of government and of the Service and should be given the authority and standing necessary to establish the Commission as an important and respected national institution,
45. We have agreed that the Public Service Commission should exercise its responsibilities in respect of all branches of the service other than the Judiciary and the Police. We have agreed to the establishment of a Judicial Service Commission (Appendix B) and a Police Service Commission (Appendix C). The confirmation scheme outlined later in the Report will apply to the Judiciary as well as to other branches of the public service.
46.In view of the political development of the Federation, the Public Service Commission should be given executive powers as soon as it is established. By "executive powers" we mean that the High Commissioner would action the Commissions recommendations, although, in the light of experience elsewhere, we think it would be prudent for him to have the right to refer back, once and once only, any recommendation which in his view required further consideration.
47.It will inevitably take some time to set up the Public Service Commission as an independent statutory body. We agree that it should be formally established as from the 1st July, 1957, but that, meanwhile, in order that they may gain experience, the Chairman and members should be designated and should take over in an advisory capacity the responsibilities of the existing Promotions and Appointments Board, with terms of reference, extended as necessary, to cover the subjects which will be dealt with by the Public Service Commission.
48. We consider that if their conditions of service are protected by the establishment of a Public Service Commission and it is made clear that traditional service principles will be maintained, a large proportion of overseas officers will wish to remain in the Federation and to continue to give loyal and devoted service to the country. We recognise, however, that the new circumstances brought about by constitutional change fundamentally vary the conditions under which a large section of the public service was recruited and that such officers have a right to be given the opportunity to leave the service on appropriate terms.
49.Before we elaborate our proposals on this point we think it may be helpful to define certain of the terms which we use in the following paragraphs.
