News
File photo: The Board of Inland Revenue building in Port of Spain.
THE Privy Council has ruled that public servants at the Board of Inland Revenue (BIR) and the Customs and Excise Division (CED) are required to make a decision on their future regarding integration into the TT Revenue Authority (TTRA), although the constitutionality of the authority is still before the court.
On June 26, the Public Services Association’s legal team, led by former attorney general Anand Ramlogan, SC, asked the Court of Appeal to specifically direct a stay of the implementation and operationalisation of section 18.
The section gave the 1,200 affected public officers three months to decide on their future employment. They have the choice to resign from the public service, accept a transfer to the TTRA or be transferred to another office in the public service.
The initial deadline for BIR and CED employees to choose one of the options was July 31, 2023. There were at least five other extensions, with the last being July 31, 2024.
That drew the ire of the PSA after letters were sent out to BIR and CED staff on June 25 to exercise their option, although a limited stay was in effect. On June 4, the judges granted the limited stay until September 25.
At an expedited Privy Council hearing on July 18, Ramlogan argued no changes affecting the BIR and CED employees should be made until the council had ruled on the constitutionality of the TTRA.
“The effect on the affected workers is that the distress and inconvenience of having to select one of those options in the face of a challenge to the legislation.
“Bearing in mind that those options include voluntary retirement as well, it really does place public officers in a very unenviable and unfair position.”
Ramlogan said he believed it was fair that the status quo that had been maintained throughout the course of the litigation was protected and preserved.
However, Douglas Mendes, SC, arguing on the State’s behalf, said the employees should at least make a decision to allow for a more timely transition process if the appeal is dismissed and the government given the green light to proceed with operationalising the TTRA.
“All we are suggesting is that the officers exercise their option. There will be internal assessing of the option, but nothing will happen until your lordships have rendered decision. If you say that the act is unconstitutional, then that’s it. Nothing happens. Everybody remains exactly where they are and they will not be prejudiced.”
Mendes added if the government has to wait until after the ruling even to start the process, it will further delay the operationalisation of the authority and prejudice the public interest.
The council said while the case raised a matter of very considerable public importance, it was “content” with the undertaking provided by the Government.
“We will accept the undertaking rather than requiring to order a stay.”
The Privy Council will submit its ruling in the coming months, at the start of the upcoming legal term.
