GREAT BAY--Prime Minister Dr. Luc Mercelina has told Parliament that government has completed its part of the nomination process for the Social Economic Council (SER), but remains dependent on employers' and employees' organizations to submit their candidates before the advisory body can become fully operational again.
His explanation during the continuation of the 2027 national budget debate prompted further questions from MPs Sjamira Roseburg and Sarah Wescot-Williams, with the latter revealing that she has already drafted an amendment to the SER legislation intended to prevent future appointment deadlocks from leaving the institution unable to function.
Responding to Roseburg's questions about when the SER would be restored, Mercelina acknowledged the importance of the institution's advisory role and said government was actively engaging the organizations responsible for nominating members.
The Prime Minister explained that the SER consists of nine members, with three representing employers, three representing employees and three independent members. Government is responsible for nominating the independent members, while the employer and employee representatives must be proposed by their respective organizations.
According to Mercelina, government has already completed the nomination process for the independent members and their substitutes. However, it cannot proceed with the full composition of the council until the outstanding nominations from employers and employees have been submitted and assessed.
"If it was solely in my hands, this would have been resolved many months ago," Mercelina told Parliament, stressing that government must respect the legal process and the freedom of association of employers and employees.
He said several reminder letters have been sent to the organizations involved and expressed optimism that the remaining nominations would be submitted shortly.
The Prime Minister also disclosed that government met with representatives of several employee organizations last week to clarify the legal requirements for representation and appointments. During that meeting, the employee organizations committed to providing the necessary information establishing their representation, along with legally compliant nominations, within two weeks.
Similar requests have been made to the relevant employers' organizations.
Mercelina said the government would prioritize reviewing the submissions once received, but stopped short of providing a definitive date for restoring the council. He emphasized that the timeline ultimately depends on the organizations responsible for submitting candidates.
Wescot-Williams Proposes Legal Mechanism to Prevent Future Deadlocks
MP Sarah Wescot-Williams questioned whether government was considering changes to the SER legislation to address recurring situations in which the institution cannot function because nominations have not been submitted.
She revealed that she has already prepared a draft amendment designed to establish a temporary legal mechanism that could be activated when the regular appointment process stalls.
Wescot-Williams pointed out that this was not the first time the SER had encountered such difficulties and argued that legislation should provide a means of bridging periods when appointments cannot be completed.
Her proposal would allow for temporary measures in circumstances where nominations are not forthcoming through the normal process.
The MP asked Mercelina whether government was considering a similar legislative solution, explaining that she would reconsider pursuing her own amendment if government was already preparing one.
Roseburg Warns Legislation Has Been Waiting Since 2024
MP Sjamira Roseburg also expressed concern about the prolonged inability to restore the SER, warning that the situation has implications beyond the appointment of council members.
Roseburg told Parliament that legislation has been awaiting treatment by the SER since 2024, raising questions about the growing backlog of matters requiring the council's advice.
She described the current situation as a deadlock and questioned how long government should continue waiting for nominations without another legal mechanism becoming available.
The MP welcomed Wescot-Williams' disclosure of a draft amendment and supported examining whether legislation could establish a timeframe after which alternative steps may be taken.
Roseburg also raised the possibility of government proceeding without the SER's advice if the situation remains unresolved, questioning whether this would be appropriate or whether the law should provide a solution.
The concerns from both MPs placed the focus on whether the existing SER legislation is sufficiently equipped to deal with prolonged vacancies and failures to submit nominations.
Questions About Institutional Safeguards
The SER was also mentioned during questions from MP Egbert J. Doran, who requested information about conflict-of-interest procedures governing independent oversight and advisory institutions.
Doran asked what safeguards apply when members or officials of institutions, including the SER, encounter actual or potential conflicts of interest, who determines whether such conflicts exist and whether affected persons must withdraw from the relevant proceedings.
Mercelina said the questions had been forwarded to the respective institutions, including the SER, and that their responses concerning applicable guidelines would be shared with Parliament.
The Prime Minister did not provide an immediate response to Wescot-Williams' proposed legislative amendment or Roseburg's additional questions about overcoming the appointment deadlock.
He subsequently indicated that several follow-up questions required further research and agreed to provide additional information to Parliament.
For now, the restoration of the SER remains dependent on the outstanding nominations, while Parliament's discussion has raised a broader question about whether legal changes are necessary to prevent the country's social and economic advisory process from repeatedly becoming stalled.
