Dean-Roy Bernard - Gleaner file photo
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Finance and the Public Service Minister Dr. Nigel Clarke and Opposition MP Julian Robinson
By Lorraine Mendez
The government has devised a strategy to ensure it abides by a court ruling ordering it to reinstate former Permanent Secretary in the Ministry of Education, Dean-Roy Bernard.
Mr. Bernard was in 2019 relieved of his position as Permanent Secretary in the Ministry of Education and demoted to Director General in the Ministry of Finance and the Public Service.
The Supreme Court ruled in March that he be reinstated within three months.
But Mr. Bernard will not be returning to the Education Ministry.
Through the Civil Service Establishment General Order 2023, Mr. Bernard will head to the Ministry of Culture, Gender, Entertainment and Sport as a supernumerary permanent secretary.
Finance Minister Dr. Nigel Clarke, who tabled the order in the House of Representatives on Tuesday afternoon, said there is no ministry with a vacant permanent secretary position.
"The supernumerary permanent secretary has the position of permanent secretary with the exception that that person is not an accounting officer. This is not the first time in the history of Jamaica that the position of supernumerary permanent secretary will have existed. It has existed in the past," Dr. Clarke told the House.
"We are acting speedily, speedily and hastily, not speedily rather, to implement the decision of the court and we are merely recreating such a position in order to honour the ruling of the court," he said.
Mr. Bernard will assume the post of supernumerary permanent secretary in the Culture Ministry, effective Wednesday.
But Opposition Member of Parliament Julian Robinson has questioned the decision to send Mr. Bernard to the Culture Ministry, instead of returning him to the Ministry of Education.
Mr. Robinson cited the fact that Maureen Dwyer has not been confirmed but is acting permanent secretary in the Education Ministry.
"That person would revert back to their substantive post rather than go through this process of creating a new position simply to deal with an issue which was handed badly from the beginning where a permanent secretary was effectively demoted, which is what the court ruled against," the opposition MP argued.
In response, Dr. Clarke said the decision to retain Ms. Dwyer is in the public's interest, as she is engaged on a number of priority projects in the Education Ministry.
Still, Mr. Robinson further questioned the reporting responsibilities of Mr. Bernard, indicating that since he would not be the accounting officer, this would mean he would be reporting to Permanent Secretary in the Culture Ministry, Denzil Thorpe.
Mr. Robinson said the arrangement appears to be confusing and could result in duplication of effort and other challenges.
But Dr. Clarke sought to assure that there is space in the Ministry of Culture, Gender, Entertainment and Sport for Mr. Bernard.
"The supernumerary permanent secretary will have very specific portfolio responsibilities in the area of culture, entertainment and the commemorative legacy projects, which is very distinct from the gender and sports element of the ministry," he advised.
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