AG Comments on Fixing Salaries
On Tuesday, Public Service Minister Henry Charles Usher informed cabinet of his intent to fix the salaries of public officers. According to a cabinet brief released on Thursday, the minister in his decision is considering the deteriorated state of public finances and the views of the joint unions. The records suggest that the last time a minister enacted constitution provisions to fix salaries was back in 1995, under the Esquivel administration. Attorney General Magali Marin-Young spoke to the media outside the National Assembly about the legal authority of the Minister of Public Service to fix salaries.
Magali Marin-Young, Attorney General
“Section 106 of the Belize constitution empowers the Minister responsible for public service to fix the salaries of public officers. The process for him, before he does so, is he has to consult the unions and within the past few weeks the Minister has been in consultation with the Unions.”
Paul Lopez
“Are those consultations being determined as valid consultations for fixing salaries? Just understanding that those consultations seemed to have been under the presumption that in fact they were for negotiation the salary cuts.”
Magali Marin-Young
“Well, that is your view of it. I believe that from the Minister’s perspective there have been genuine consultations held with the Unions, with a view to adjust the fiscal deficit leading up to his decision ultimately as to whether he would be reducing salaries pursuant to section 106 subsection 3.”
Paul Lopez
“Once fixed, that salary, that fixed rate remains for a determined period, correct?”
Magali Marin-Young
“As I understand it from listening to PM Briceno that yes the intent initially is for a fixed period. But the government has undertaken to review annually the fiscal position. And if it is that we can revert back to the salaries pre any reduction that is made, that he is going to do so.”
Paul Lopez
“When is this fixed salary coming into effect?”
Magali Marin-Young
“I do not know, you will have to ask the Minister responsible for public service.”
Paul Lopez
“Does fixing salaries speak to good governance? In the Unions eyes this is an authoritative approach. We have the constitutional power so we are lording it over you to see those savings realized.”
Magali Marin-Young
“I am very sorry you look at it that way. As far as I understand the Prime Minister and his teams engaged in lengthy consultations with the unions. I understand these meetings last for six hours at a time. So I don’t think, unlike you, that he is lording it on the unions.”