I desire to make a statement with reference to the Civil Service Service Regulation Act, 1924. When moving the second reading of the Bill, I stated with reference to appointments under Clause (b) of Section 6 of the Bill that the Civil Service Commissioners would have to be satisfied that it was in the public interest that such appointments should be made without examinations. I do not, now, think that statement was accurate. The question of the construction of that section has recently been raised and the Government have taken advice as to its legal construction. The advice which they have received is that the question of public interest is one entirely for the Minister for Finance, and the Minister in charge of the particular Department concerned, and that the Commissioners are not competent to decide or entertain any such question. When the two Ministers have decided the question of public interest, the function of the Commissioners arises. That function is to consider the qualifications of the person proposed to be appointed as to age, health, character, knowledge and ability, and to grant their certificate of qualification to him upon such evidence as they may consider satisfactory. The Commissioners, under the section, have a discretion as to granting the certificate, but in exercising that discretion they are confined to considerations of the qualifications in respect of age, health, character, knowledge and ability of the person proposed to be appointed.
The Executive Council are considering whether in the circumstances the section should be amended and, if so, in what way. I think it only fair in view of my specific statement on the Second Reading of the Bill that I should inform the House of the position.