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{
    "id": 1392725,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1392725/?format=api",
    "text_counter": 637,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "to make it an office in the Public Service. The appointment is to be done by the Head of State, who is the President of the country, with recommendation from the Public Service Commission (PSC). We removed the requirement that they would have to be approved by Parliament because we never thought it necessary. In any event, we made a qualification. How you qualify to become a CAS is by holding a degree from a recognised university, which makes it quite high in hierarchy. I warn Members of Parliament that they do not have such requirements for their qualification and so, these persons will possibly be placed higher than Members of Parliament in the Government hierarchy. We also gave the other requirements and their responsibilities. They will perform all functions relating to their portfolio as assigned to the office by the Cabinet Secretary. They will also perform any other functions as will be assigned to them from time to time. There was a proposal that they become liaison officers with Parliament. This was rejected on the basis that the persons who are supposed to come to Parliament are only cabinet secretaries. The CAS do not have that mandate. They may come in as observers and they may be sent as messengers but they cannot bring any communication to the House from the Cabinet Secretary or whatever quarters because they do not qualify for that. The Leader of the Majority Party has hinted to the capping of the number of CAS below what was proposed. However, eventually, after debate, the capping was removed. This is because we evaluated this office to show that it is an office in the Public Service, which has the power to create offices and so does the President. Therefore, depending on need, he should be free to make whatever appointments he considers desirable and necessary for effective management of public affairs of the country. They can be 10, 15, 22 or even 40 depending on the exigencies of the offices that the President may be dealing with. At the Committee of the whole House stage, we will introduce some amendments to ensure that this House produces a law that cannot be challenged in court. We are doing this today because there was a court decision which said that these offices were unconstitutional. Indeed, when we looked at this Bill, some of the provisions attributing to these offices may have been in contravention of the Constitution. Finally, we worked on the Office of the Head of Public Service. We debated Sections 2 and 12 of the National Government Coordination Act, on the Office of the Chief Administrative Secretary, so that they can be read together. Section 8, which is the last bit, is on the Office of the Head of Public Service. There was debate on this because many Members felt that the Constitution does not provide for such an office. However, we agreed on the Head of Public Service since he heads the public service from the Office of the President and he is the Chief of Staff. We renamed this as Head of Public Service in the Executive Office of the President. That way, he would appear as if he is the Head of the entire public service when that role is constitutionally vested in the Public Service Commission. We were able to propose his roles amongst other responsibilities and how he would be appointed with the approval of the National Assembly and the President. We said he would be the Chief of Staff for the President, in-charge of administrative functions in the Executive Office of the President. We removed the function of being the custodian of the public seal. This, in our view, is a function of the Office of the Attorney-General. We concluded by saying that he will perform such other functions as may be assigned to him by the President. Eventually, we created the Office of the Chief Administrative Secretary as we concluded the laws we were looking into. Hon. Members, please find some time to read through the Report and acquaint yourself with this debate on the two offices being created. With those very many remarks, I beg to second this Bill. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}