Madam Speaker, with regard to part (a) of the question, I am advised by the Financial Services Commission that recruitment and promotion exercises are carried out in accordance with Sections 80 and 81 of the Financial Services Act 2007 and in line with the Recruitment and Promotion Policies of the FSC. Please bear with me, I will read out those policies. So, the Recruitment and Promotion Policies are laid down in the Terms and Conditions of Employment 2023 of the FSC and stipulate the following – (i) The Commission may employ on such terms and conditions as it thinks fit such employees as may be necessary for the proper discharge of its functions. (ii) Where the Commissions decides to fill any vacancy arising on its establishment for any post, it may resort to any form of advertisement whether internal or otherwise and prescribe such qualifications, experience, competences, skills and aptitudes for such post as it deems fit. (iii) Recruitment, appointment and promotion of employees shall be made by the board which may empower the staff committee or delegate to management on such terms of reference as it considers necessary, including the request to examine, interview and shortlist candidates; (iv) There will be equal opportunities for recruitment, employment, learning and development, advancement and promotion to all based on merit. (v) When vacancies arise the FSC shall give priority to internal candidates first before searching externally, should a suitable candidate not be found. Madam Speaker, as to part (b) of the question, I am informed by the FSC of the following – (1) The Manager, Human Resources was previously appointed on a contractual basis with effect from 01 April 2022 for a period of two years. Thereafter, the contract was extended twice up to September 2024. Following an internal advert which was launched on 02 May 2024, the incumbent has subsequently been appointed on probation with effect from 01 September 2024 with a view to confirmation on a permanent and pensionable capacity.

54 (2) The Manager, Communications was initially recruited on a contractual basis as PR and Communications Officer for a period of two years with effect from 11 October 2021. The contract was extended for a further period of one year. The incumbent has thereafter been appointed as Manager, Communications on probation with effect from 01 October 2024 with a view to confirmation on a permanent and pensionable capacity following an internal advert launched in May 2024. (3) One Director and three Assistant Directors were serving as permanent employees as Senior Managers and were appointed on a performance contract on an assignment basis in line with the Review Report conducted by Mr Appana in 2016. On 01 September 2024, they were all appointed in substantive capacity, and (4) One Director and two Assistant Directors were initially appointed on a contractual basis in 2018 and 2019. They were offered a new contract for a period of two years with effect from 01 September 2024 renewable subject to satisfactory performance. Madam Speaker, I am further informed by the FSC that 51 employees in different grades were recruited during the period January 2024 to November 2024 or up to the elections out of whom, 48 are on a permanent basis and three on a contract basis. The Board has been requested to look into these recruitments done during the year prior to the election. Madam Speaker, as regards part (c) of the question, I am informed that the current head of the AML/CFT directorate, Mrs Y. S., joined the FSC on 09 January 2013 as Assistant Manager, formerly known as Chief Examiner, on a permanent and pensionable basis. She was promoted to the post of Manager with effect from 01 September 2018 and has been assigned the responsibilities of Acting Senior Manager in the AML/CFT directorate with effect from 03 October 2022. In addition to her salary, she is being paid an acting allowance and other benefits in line with the FSC terms and condition of employment. Thank you.

Thank you, hon. Minister. Yes!

Madame la présidente, tout semble indiquer que certains recrutements et promotions ont été faits juste avant les élections et ma question à l’honorable ministre est si les résultats de l’enquête en cours seront publiés ?

55

Vous avez entendu ? Moi, j’ai eu du mal.

Je peux répéter la question.

I will see with the Board, but, as you know, there is also data protection concerning employees, and there is a contract of employment between the employer and the employee. So, there is so much that can be disclosed outside of the contract, subject to advice. Thank you.

One more and then one behind you.

Par rapport à cette question et aux informations et à la protection des données, on dirait qu’il y a une dissimulation de l’information. Est-ce que vous avez contacté le Law Office pour ne pas donner ces informations ?

The Data Protection Act is quite clear. We cannot disclose; we will be in breach of the Data Protection Act if we disclose personal data, and also, the employer has an obligation towards their employee not to disclose that information.

Okay. Yes!

Madam Speaker, considering the fact that the regulator imposes on licensees to carry out due diligence, the more so to check if the applicants are Politically Exposed Person (PEP), could the hon. Minister advise, if she is aware, of the recruitments she just mentioned, how many of them were PEPs and if the FSC is aware of which political people those employees are attached to?

I will make inquiries and give back the information later.

Yes, please.

Thank you, Madam Speaker, it is clear that the FSC has not…

Please speak up. Is there a problem with the mike? Please speak up, all of you! Je n’entends pas!

Thank you, Madam Speaker, it is clear that the FSC has not adhered to the proper recruitment process on the eve of the election. Can you consider requesting the Board to cancel these appointments?

The Board has been made aware of those 51 recruitments done in the year before the election, and I have asked them – you know, the Board is mandated with the powers – to look into this, and I will wait for their outcome.

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Yes, hon. Third Member for Beau-Bassin and Petite Rivière! ALBION & ROSE-HILL – BUS ROUTE SERVICE – COMPLAINTS