Senator Caswell Franklyn Speaks – Oh No Mr. Alleyne! The Prime Minister has no Power to Breach the Constitution

My attention has been drawn to an article, “Power to the Prime Minister!” purportedly written by Ezra Alleyne, in the Sunday Sun of August 19, 2018.

Mr. Alleyne referred to an exchange between Senator Moe and me, in the Senate, about the appointment of a person to the post of Director of Communications by the Prime Minister.  I contended that the Prime Minister of Barbados has no power to appoint persons to public service posts.  Senator Moe disagreed on the point that the person was a consultant and not a public officer.  She went on to point out that all prime ministers of Barbados have so far appointed consultants.  Apparently, she does not understand that persons can legally be appointed on contract to public service posts but not by the Prime Minister.

I am not surprised that Mr. Alleyne weighed in on Senator Moe’s side but in doing so, he attempted to obfuscate the issue behind some nonsense about the first Prime Minister of England, Sir Robert Walpole, and all other British prime ministers since then appointing consultants.  While I can agree that prime ministers of Barbados can arrange to have their permanent secretaries hire consultants, on a contractual basis, I must point out that none of those consultants have ever been assigned to public service posts.

On Wednesday, August 15, 2018 the Senate debated and approved the Public Service (General) Order, 2018 that was made by the Prime Minister in her capacity as Minister with responsibility for the Public Service.  In addition to raising salaries by 5 percent that order, among other things: established offices in the Public Service; and determined the number of persons who may be appointed to those offices.  Under the head, “Prime Minister’s Office”, the Prime Minister established one post of Director of Communications.  That post is therefore a public office and as such, it is subject to section 94. (1) of the Constitution of Barbados, which states:

Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.

It is my understanding that the person who occupies the post of Director of Communications is a non-national who was engaged by the Barbados Labour Party to interfere in the recent elections.  It is noteworthy that non-nationals who are alleged to have interfered in the 2016 United States elections have been indicted to stand trial.

My concern is that this present administration is attempting to further blur the line between constitutionally protected Public Service and party politics.

Mr.Alleyne closed his article by saying, “To the victor the spoils”.  I would like to point out to him, who fancies himself as a constitutional expert, that public service appointments are not part of the spoils of election victories in this country.  To my mind, Ms Mottley’s action, of appointing a director of communications, is an abuse of power that might very well be unconstitutional.  It reeks of the corruption that Solutions Barbados and the Barbados Labour Party campaigned against.

93 comments

  • Piece Uh De Rock Yeah Right

    @ Sargeant

    Watch yourself yuh

    You said and I quote “…The new Integrity Bill should address this, make it punishable for any Minister (or senior Civil servant for that matter) to accept a position at any Corporation that has done business with their with their substantive Ministry within three years of their leaving office…”

    My man you only going get reprimand for “hounding” Chairman Mia Mao’s 1933 Enabling Act rather her Integrity in Public Life Bill 2018.

    Whuloss you ent read Lorenzo’s admonishment of the ole man?

    And you quoting things from Chairman Mia Mao Ze Jong’s speeches too? whu that is paramount to sedition!!

    Tek care that Lucille Moe doan leh go pun you pun Thursday in the Senate !!

    People are of the belief that people like you are complaining when you point out that grey area. When I say to a fellow that a certain PS took a complete document and created a company and then he and a next feller whose name i will not call carried it to an entity immediately after his retirement for them to fund, people does get angry and say dat “I hounding” peeples.

    We have to be ever vigilant cause when our donkeys demit this scene and our grandchildren have to deal with the Despotism we saw in its embryionic stages, we would have sown the wind and turned to dust but they will reap the whirlwind

    Like

  • Piece Uh De Rock Yeah Right

    @ the Honourable Blogmaster

    Your assistance please with an item to Sargeant

    Like

  • We must guard against this age thing because we have a habit referring to people in their 60s as elderly. In today’s world that is rubbish. The new old is really 85. We have many citizens from professions such as teaching retiring before sixty and we need to move away from seeing retirement only as kitchen gardening or growing flowers.
    As for Jones getting a pick elsewhere I see plenty hypocrisy. We have lawyers who become ministers of several areas in which they don’t have any knowledge and or expertise.We also have a lot of the government legal work going to ex parliamentarians or those who fail to get a seat. This happens on both sides.
    Many top retiring civil servants are snapped up by the private sector because they have mastered how our “democracy” works and they are offered substantial pay. I would like to see any ex prime minister, who is a top lawyer refuse to work for the private sector . I would like to see anybody telling Henry Ford, that after serving as a minister he was restricted from earning a living.
    Oh well what will we think of next…………

    Like

  • Piece Uh De Rock Yeah Right

    @ William Skinner.

    Not that one is denying the officer who demits government an opportunity to work BUT WHAT Sargeant is saying is that you cant be the minister today administering the application of a company and them tomorrow be an employee of that company or any of its subsidiary companies.

    Like

  • Piece Uh De Rock Yeah Right

    @ Senator Caswell Franklyn

    I was wondering if any of the General Rules deal with the hirings of persons of immoral character or vagrants or parties possessing a turpitude inconsistent with their being hired in certain offices.

    De reason de ole man asked was because it would appear that most of the internet materials associated with “Charles Me Love you Jong Time” dont seem to carry any positive reports

    for example

    that article can be seen at http://dominicanewsonline.com/news/homepage/news/crime-court-law/charles-jong-faces-lawsuits-in-st-kitts/

    (I had to include that for the benefit of T. Inniss and Mariposa)

    But it would seem to me that of all the people that the BLP could have gone to hire they seem to have chosen persons of “dubious” character.

    Granted that you dont want Mother Theresa-like character references but good googley goo you mean that we already got a feller up in Miami/New York as a jailbird and all we doing now is collecting characters wo are known to the court?

    “…According to the suit, the Third Defendant (Jong) doing business as “Disseminateit,” uploaded and continues to upload video clippings of public meetings of the St. Kitts and Nevis Labour Party via a YouTube account under the username “Disseminateit”…”

    But Senator as and aside would you hire a feller whose company is called “Inseminate It?”

    Especially when his usual name is “Charles me Love you Long Time?”

    And furthermore in Bulbados?

    Whuloss de ole man gine and sleep now causing dere be other dragons in that mountains to slaughter

    Like

  • @William Skinner

    We have to start somewhere we can’t keep looking back. Why should a Minister or Senior Civil Servant be able to parlay their knowledge and inside information of their former Depts. Into lucrative positions for themselves? E.g. If Club Med decided to set up shop in Bim and were welcomed with multiple concessions we could argue that’s the cost of doing business.

    However, if the people responsible for negotiating those concessions e.g. the Min. of Finance or the Min. Of Tourism ended up working at Club Med in some senior position within 6 months would that pass the smell test? That’s why I propose establishing some daylight before people could accept positions at companies which fall within their mandate and/or which they may have had some direct/indirect responsibility for, the mere appearance of corruption should justify the action taken to avoid being compromised.

    Like

  • Piece Uh De Rock Yeah Right

    @ Sargeant

    Yours is a reasonable position especially considering Downlowe’s famous SMS text “what is my cut?”

    What it smacks of is bribery and a “you scratch my back and i scratch yours” in another manifestation but it is still all the same.

    “Po-tato and Pot-ato” no matter how William wants to look at it.

    Like

  • Piece Uh De Rock Yeah Right

    @ the Honourable Blogmaster your assistance please

    Like

  • William,

    Thy even call me old, because I do not like Google and prefer to read books – some people do not remember what books are.

    Like

  • Fighting corruption is one thing but using hypocritical political arguments to get back at perceived political enemies is something else.
    I know where a new minister of education pressured officers at the ministry to change a person who was going to get the position of headmaster. The minister of education was on the job for just three days when he/ she made the demand.
    Is that corruption or is it just business as usual ? No one – eyed approach to eradicating corruption is going to work. We need citizens of
    unblemished ethical standards
    running the affairs of our country. Neither the Barbados Labour Party nor the Democratic Labour Party has any moral authority. They have collectively broken the system and in another time, they will have both been asked to face a tribunal and stand accused of massive economic crimes against the state.
    We shall see where this “ new” promise to eradicate corruption starts and where it ends.

    Like

  • @William Skinner August 22, 2018 12:51 AM “We must guard against this age thing because we have a habit referring to people in their 60s as elderly. In today’s world that is rubbish. The new old is really 85.”

    @August 22, 2018 6:40 PM “Thy even call me old, because I do not like Google.”

    You are both old.

    Me too.

    Lolll!!!

    The life expectancy of a Bajan man is 73.1.

    Most Bajan men will NEVER, NEVER see 85.

    According to the 2010 Barbados census there were 8763 Bajan boys aged 0 to 5; and only 829 older that 85.

    But continue to fool yourselves if that makes you feel good. However Mother Nature has other plans and there is a better than 90% chance that she will dispose of you long before the age of 85.

    85 is NOT, I repeat NOT the new old. since 73.1 is DEAD.

    Like

  • Piece Uh De Rock Yeah Right

    @ William Skinner,

    I shall ask you this.

    Look at the most recent article that has been shared with Barbados Underground

    https://barbadosunderground.net/2018/08/22/illegal-company-ifl-pipeline-inc-invoiced-bwa-3-4-million-dollars/

    My first question to you is this.

    Do you think that this document was supplied by the DLP or the BLP?

    Given the documents that are provided is the person providing them (a) an amateur (b) someone with a grouse (c) and insider of (d) a patriot?

    First of all the party provided a newspaper article which, in concert with the other articles, SHOWS THAT IT IS NOT AN AMATEUR.

    They are setting the context of this malfeasance.

    Are they someone with a grouse? I think not. what they are saying is that the parties who have effected this teifing are still here among us AND THEY WANT THEM GONE, this is a patriot who has some access to various documents (and knowing the Honourable Blogmaster, the documents have been appropriately vetted)

    Now what s=does all my convoluted talking mean?

    It is obvious that some people going get lock up here.

    But what is this proliferation of whistleblowing going to do insofar as your comment about moral authority?

    It is going to do alot cause people now are going to realize that they can copy their document and submit them anonymously to BU.

    Now this action is putting pressure pun de teives who like to tek Holidays and de udder Me wash mens sah and wummens too.

    additionally the DLP bosses like bulldog shitt*ng dem pants cause the evidence is out there

    Thirdly Chairman Mia Mao’s peoples also are frighten as ass

    Yesireee this new board of chairperson Leodean Worrell, deputy Philip Lewis, Cheryl Senhouse, Andrew Dixon, Hugh Smith, Hutson Best, Lennox Chandler, the Chief Medical Officer or nominee, Chief Technical Officer Ministry of Transport, Works and Maintenance or nominee, and Permanent Secretary, Ministry of Energy and Water Resources or nominee

    All of dem squuezing dem pooch because dem know that in their new positions DEM CANT TEIF CAUSE WHEN DEM DEMIT OFFICE and a new administration come in, DEM LIABLE TO GET INVESTIGATE AND LOCK UP TOO.

    You wid de ole man?

    So now you see fellers like Chairman of the Barbados Water Authority, Dr. Atlee Braithwaite and the rest of the then serving boards, man dem fellers mussee shitting bricks right now.

    All dem millions of dollars ent fine rice my man, every one of them got a transaction record and all dat a few tellers need to do is to let a copy of a feller’s bank account fall off a truck and whatplax.

    De gots to hate Barbados Underground in truth doah

    Like

  • Piece Uh De Rock Yeah Right

    @ The Honourable Blogmaster

    Your assistance please with an item for Mr. William Skinner thank you

    Like

  • @Piece Uh De Rock Yeah Right August 22, 2018 11:03 PM “chairperson Leodean Worrell, deputy Philip Lewis, Cheryl Senhouse, Andrew Dixon, Hugh Smith, Hutson Best, Lennox Chandler, the Chief Medical Officer or nominee, Chief Technical Officer Ministry of Transport, Works and Maintenance or nominee, and Permanent Secretary, Ministry of Energy and Water Resources or nominee.”

    Barbados is a small place. At least one of these people take communion with me every Sunday, another is a blood relative (although we have never met) I would hope that they will provide excellent service to the people of Barbados, and will do nothing to bring shame to this old age pensioner (who still struggles to pay all kinds of taxes, income, property, VAT, water and whatever the political class thinks up from time to time.)

    Like

  • Pingback: Family Feud Over Land Matter Gone Public | Barbados Underground

  • Mia will try, and will try to block her dirty deeds,She has dont all other things already 30 down 29 to GO, By 2020

    Like

  • Pingback: Senator Caswell Franklyn Speaks – Oh No Mr. Alleyne! The Prime Minister has no Power to Breach the Constitution — Barbados Underground – theoluwaseun blog

  • @ Simple Simon

    Looka how you said in August the 23rd these words

    “…Barbados is a small place. At least one of these people take communion with me every Sunday, another is a blood relative (although we have never met) I would hope that they will provide excellent service to the people of Barbados…”

    And the Lord would have it that not 2 months ent clear yet and dem same pensioners that you were talking bout get a haircut AND DE OLE MAN WOULD GUESS DAT NOT ONE OF DESE PEOPLE DAT YOU TALK BOUT IS CHURCH MEMBERS OR BLOOD RELATIVES ent open dem mouf to say a pang bout this UNILATERAL Confiscation of Proceeds by the new government that appointed them.

    Of course i going expect you to say, like the Commissioner of the Royal Baygon Police Force, something like, ‘it ent happen at their agency so dem is not really supposed to mek a comment bout dem sorts of things”

    But why then do you Simple Simon? What is so different about you that you make it you business to comment about the things that you think are wrong which “are no concern of yours…?”

    Like

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