Minister Henry Charles Usher Responds to Former Ombudsman’s Constitutional Claim

As former Ombudsman Swaso pursues a constitutional claim against the government, Minister of Public Service Henry Charles Usher is offering his perspective on the matter.  Minister Usher said that while he respects Swaso’s right to seek redress through the courts, he believes there are important facts surrounding the issue that should be understood.  According to the minister, Swaso reached out to him last year as his tenure as Ombudsman was nearing its end.  Usher explained that during the meeting he made it clear that he did not have the authority to determine whether Swaso’s contract would be renewed. He said the appointment and renewal of an Ombudsman are governed by an established process and are not decisions that fall within the discretion of a single minister.

Henry Charles Usher, Minister of Public Service: “The reappointment of an ombudsman that is done by the Governor General after our process. So you have the House of Representatives has to pass a resolution, the Senate has to pass a resolution and even before that it goes to a House committee. I don’t sit on that House committee and I made that very clear to him. I said, listen, that is something that you will have to take up when the House committee convenes and if you intend to renew your contract. There’s no way in no world am I in any way able to influence the contract of the Ombudsman. So that is really fantasy for a conclusion to be drawn like that. I think that the Attorney General has already reviewed the sections of the Ombudsman’s Act. It does speak about being compensated at that level. Of course, when that Ombudsman’s Act was written the compensation for judges was much lower, more in line to where the contract for the Ombudsman, previous Ombudsman and this current Ombudsman was, but that’s an answer that only the Attorney General can give. It’s very clear in the Act, you know, and I think that the decision is whether the contract that he signed with specific terms and conditions, does that contract override the Act or does the Act override the contract? And as I said, that’s something that the Attorney General would have to decide on.”

Swaso’s constitutional claim, which is scheduled for hearing in July, alleges that the government failed to comply with constitutional and statutory provisions relating to the Office of the Ombudsman and raises concerns about the circumstances surrounding the non-renewal of his appointment./