Dean-Roy Bernard, former Permanent Secretary in the Ministry of Education and Youth is to be assigned to the Ministry of Culture, Gender, Entertainment and Sport as Supernumerary Permanent Secretary effective today (June 28).

Minister of Finance and the Public Service, Dr Nigel Clarke, made the announcement as the House of Representatives approved the Civil Service Establishment General Order of 2023, on Tuesday (June 27).

The Order outlines the reorganisation of Ministries and Departments consequent on the creation of new posts, the abolition of previous posts and the reclassification, upgrade and retitling of existing posts.
“The major change to be effected in the Civil Service Establishment General Order of 2023, is the newly created position of Supernumerary Permanent Secretary with effect from June 28, 2023,” Clarke said.

“This post has been created, based on the court ruling following the case of Dean-Roy Bernard, who was a claimant in that case, and the Public Service Commission who was the first defendant and the Attorney General of Jamaica who was the second defendant, and the Jamaica Civil Service Association, who was listed as an interested party,” he added.

Clarke explained that the amendment to the Civil Service Establishment Order ensures that the will of the Court is adhered to in all future transfers of the positions of Permanent Secretaries.

“In this case, Mr. Bernard was a Permanent Secretary in the Ministry of Education… . He was transferred to the Ministry of Finance and the Public Service. Prior to his transfer, the establishment only had a Financial Secretary, a post of Director General, but there is no post of Permanent Secretary,” he stated.

“Therefore, Mr. Bernard would not have been a Permanent Secretary in the Ministry. The Court has ruled that Mr. Bernard is a Permanent Secretary, and if he’s to be transferred, he has to retain the features of that office,” the Minister added.

Clarke stated that the Supernumerary Permanent Secretary has the position of Permanent Secretary, with the exception that the person is not an accounting officer.

He explained that this is not the first time in Jamaica that the position of Supernumerary Permanent Secretary has existed.

“It has existed in the past, and we are merely recreating such a position in order to honour the ruling of the court,” the Minister explained.

Clarke informed that there is no vacancy for Permanent Secretary, as all Ministries already have the position filled.

“So, the way to abide by the rule of the court, is for the position of Supernumerary Permanent Secretary… to be included in the establishment, and in this specific case with respect to the Ministry of Culture, Gender, Entertainment and Sport,” he further stated.

“The Minister has already in mind the segregation of duties that she can speak to. But the point to note is that the Supernumerary will not be the accounting officer for that Ministry,” Clarke said.

With respect to the emoluments, those for the Supernumerary Permanent Secretary will be on the same scale and same level, 15, as the Permanent Secretary.