INTRODUCTION
On Wednesday, December 8, 2021, St. Vincent and the Grenadines Teachers’ Union (SVGTU) held a press conference regarding the vaccination of teachers. In the few cases, both the President of the SVGTU, Oswald Robinson and Andrew John, the union’s Industrial Relations Officer, made many false statements about the religious exemption from the requirement for vaccination as per the Public Health (Public Bodies Special Measures) Rules No. 28 of 2021.
THE TEXT OF THE PRESS CONFERENCE
Let us quote relevant parts of the press conference which begins with a query from a journalist. The quotes are from a true and correct transcript, poor language and all:
Ashford Peters (Journalist):
“Just an issue that needs to be cleared up. On Friday, in an interview, you [Oswald Robinson] said that the Cabinet approves the [religious] exemption. And on Sunday, the Prime Minister said “No”; the Prime Minister said “no, that’s not so”; he said he does not even see the information before. And I think that Mr. John (Industrial Relations Officer), this morning, is saying that the Cabinet approves; so just for your response, then?”
Oswald Robinson:
“So how come he speaking on the TV and radio and saying that that is not part of your doctrine, how does he know that, where he get it from, he knows every single thing”.
Ashford Peters (Journalist):
“What he has been saying is that he has been advised; he hasn’t seen actually any documents”.
Oswald Robinson:
“The form on the approval said something about Cabinet; Cabinet would give instruction to the CPO.”
Andrew John:
“It was clearly stated that the Cabinet has a role to play in determining the religious exemption. Maybe he is speaking about the medical exemption, but we are talking here about the religious exemption and Cabinet.”
DOUBLING DOWN ON FALSEHOODS
In this exchange Ashford Peters spoke what the truth is about the religious exemption and the Cabinet’s non-involvement in its determination. But later in the Press Conference, just before its conclusion, both Robinson and John doubled-down on repeating the falsehoods, thus:
Andrew John:
“Just to clear up one thing that was said in relation to the exemption where the Prime Minister say it is not Cabinet. I was going through the rules there and it states that the Chief Medical Officer and you could seek advice from a set of three other doctors. But in terms of the religious exemption it clearly states in Rule 6 under exemption, if you go to that SRO you will see it there that it must be in a form approved by the Cabinet; it does not state any other person who that must go to; it says it must be in a form approved by the Cabinet who will take it to the Chief Personnel Officer.”
Oswald Robinson:
“They say we giving wrong information.”
THE TRUTH!
The actual wording of the Public Health (Public Bodies Special Measures) Rules No. 28 of 2021 in addressing “religious exemption” is as follows:
Rule 7(1)(b):
“An employer may exempt an employee to whom Rule 5 [the vaccination requirement] applies from the requirement for vaccination —
on religious grounds if the employer is able to make alternative arrangements to accommodate the employee.”
Rule 7(6):
“The application for exemption on religious grounds must be in a form approved by the Cabinet.” [My Emphasis].
All the Cabinet does is to approve the form which an applicant for religious exemption fills out and submits to the Office of the Chief Personnel Officer.
It is to be noted that the Public Service Management Act No. 17 of 2021) establishes in Section 8 thereof a Personnel Department. The act specifies in Section 8(2)(a) that the Chief Personnel Officer (CPO) is the head of the Personnel Department. Section 8(3) of the said Act states:
“The Personnel Department shall —
- Administer the regulations; and
- Perform other functions imposed on the Personnel Department by this Act, the regulations or any other written law.”
It is to be noted, too, that the CPO’s office functions as the Secretariat for the Public Service Commission (PSC) and the Police Service Commission (PSC) which have the requisite constitutional authority in respect of the Public Service and the Police Service.
CONCLUSION
The journalist Ashford Peters was correct in his understanding that the Cabinet does not approve or determine the outcome of an application for a “religious exemption”; the Cabinet does not see the applications. The applications are dealt with by the CPO under the constitutional jurisdiction of the PSC.
The Cabinet is, among other things, a subsidiary law-making body, through regulations (Statutory Rules and Orders), and within the frame of the relevant Act (in this case, the Public Health Act Chapter 300 of the Laws of St. Vincent and the Grenadines). In this capacity, the Cabinet approves the form but it has nothing to do with an application submitted on that form!
The law is crystal clear but somehow Robinson and John of the SVGTU twists its meaning into falsehoods. Was their twisting deliberate? Can they not read a simple sentence, as in Rule 7(6) of SRO 28 of 2021, and understanding it? One thing is sure, the truth does not suit their agenda.
Dated the 13th day of December 2021.
