  |
Civil Servants in Freedom of Expression riddle
|
by PANORAMA reporter
Our report yesterday where a civil servant publicly admitted being instructed by her superior to stop participating in a local Facebook group has caused quite a stir! Not only that, but it has emerged that other civil servants have received equal treatment.
In fact the civil servant in question who wasn’t even using Facebook during work time or involved in any debate regarding work related issues, feels that civil liberties, certainly the freedom of expression, has been curtailed.
Some civil servants are expressing amazement that their freedom of expression is being restricted by the government. There are others who are querying the legality of such instructions, because if there is some kind of ‘code of conduct’ it is not known to many of them.
In fact some mystery or confusion appears to have surfaced regarding a code of conduct for civil servants. We are informed that some time back such a code had been distributed by the Chief Secretary; this code it seems spelt out who was allowed to express themselves politically or in public, buy there are no great details regarding this code.
However, we understand it has three main categories of civil servants, the:
• Politically free
• Partially restricted
• Total political restriction
The restriction, so we are led to believe, is dependent on the position held.
There does appear to be general consensus that the fear factor has had an effect on many civil servants in openly coming forward to express non-related work opinions on any subject, fear of possibly losing a job, a promotion or being transferred out of a department.
However there are other civil servants who do not feel intimidated and when the occasion arises, and if they have something to say, will do so without infringing their conditions of service in this respect.
Some people feel that determining a fair balance between the exercises of democratic values such as freedom of expression with the promotion of professional values of responsive service by a civil servant is not such an easy matter.
Should a civil servant be allowed to sign a petition to be submitted to the government which he or she is serving?
Further, if the issue is deemed to be a matter of national importance, is protection afforded to the civil servant or does his or her freedom become more restricted? Is his or her position or level of influence in decision making relevant? Should certain sectors of the civil service be completely free to participate in any political activity?
In reality what should be happening is that the Head of the Civil Service should together with the appropriate unions formulate clear and appropriate guidelines regarding this matter.
The Civil Service deserves to be provided with clearly defined policies detailing any limitations or restrictions on their rights to freedom of expression, it is being said.
Earlier this year the government and unions said that existing General Orders should be replaced by modern public service code, as the existing text of General Orders was antiquated and no longer provided effectively for Gibraltar’s modern public service.
Such agreement formed part of a general agreement which, as happened, was rejected by a union ballot.
What is not clear is if the question of modernising General Orders can be proceeded with even if other parts of the deal are not.
If not, the so-called antiquated General Orders will presumably continue to be applied - even if all sides agreed they ought to be replaced.
|
|
|
|
