Munroe: Holness' letter to Curtis sets grave precedent

Eyes are trained on Gordon House today to see whether House Speaker Juliet Holness will withdraw a letter reprimanding former Clerk to the Houses Valrie Curtis, following mounting pressure for the parliamentary referee to apologise.

A chorus of calls have come from civil society and senior trade union leaders for the Speaker to tender an apology to Curtis after she accused the former public servant of “gross dereliction” of duty and bringing the Parliament into disrepute.

Yesterday, University of the West Indies (UWI) Emeritus Professor of Government Dr Trevor Munroe said that the Speaker’s letter of reprimand, which was to be placed on Curtis’ file, whatever the intent, constitutes a serious disciplinary action.

He argued that the circumstances that led to the release of the letter to 62 members of the Lower House now warrant the Speaker and/or the former Clerk to “forthwith indicate to the public whether the charge, inter alia, of ‘bringing the Parliament into dispute’ was first brought to the attention of Ms Curtis prior to its public disclosure; whether Ms Curtis was given an adequate opportunity to respond; and whether there was a fair hearing of the matter”.

Munroe contended that if none of these conditions were met, the Speaker’s conduct violated basic principles of natural justice embodied in part, in Jamaica’s Labour Relations Code, 1976 (sections 21 & 22) and in the Staff Orders for Jamaica’s Public Service (2004) – Chapter 10; 10.4.

As such, the Speaker's letter and its public release amount to a grave abuse of power requiring a public explanation, a public withdrawal and a public apology, Munroe added.

In late March, when Holness accused the then Clerk of failing to adhere to the Speaker’s ruling and applicable procedures, she gave no specific details of the purported action that reportedly brought the Parliament into disrepute.

Munroe warned that in the absence of an explanation, a withdrawal, and an apology, a grave precedent shall have been set, opening the door for "politicians", wearing whatever hat, to discipline public servants without due process.

“The Speaker’s action, thereby, not only assaults modern labour relations practices, but, as well, undermines a fundamental principle of Jamaica’s constitutional democracy, that is, separation of powers between the legislature and the public service,” he argued.

Munroe charged that neither the public, the Parliament, the executive, nor the courts should allow “this abuse to stand”.

The letter to the former Clerk was released in the wake of at least two reports from the Auditor General’s Department, which languished in the legislature for more than two months. They were then returned to the Auditor General’s Department.

In a matter of days, the auditor general sent the reports back to Parliament. They were subsequently tabled after the Speaker relented.