ALTHOUGH the Portia Simpson Miller-led People’s National Party (PNP) is the clear victor in the December 29 poll, the Jamaica Labour Party (JLP) Government ministers, including those who lost their seats, will continue to be in charge of their respective portfolios for a few days longer until the new administration has been sworn in.

In the interim, the incoming administration is expected to have spent the days following the election getting an understanding of the current organisational structure of the outgoing government, to include the various ministries and allocations of departments.

Former Cabinet Secretary, Dr Carlton Davies, who has served in that role under three prime ministers from 1993 to 2008, explained that this analysis of the various ministries and departments is likely to have begun almost immediately given the large margin of victory.

The incoming administration, according to Dr Davis, will need to determine if this structure is the best way it wants to approach it.

He explained further that the time will also be used to brief newly elected members of Parliament (MP) who have never served in a Cabinet and who could be drafted to serve in this one.

He said briefing books would also be prepared by the Cabinet Secretary for the incoming prime minister. This would include the guidelines of conduct for Cabinet ministers and guidelines for Cabinet submissions.

In 2007, when there was a much narrower election margin, Davis said all sorts of situations could have arisen in the interim period like this one, with persons opting to take constitutional decisions in having their seats declared.

As such, he said it took some time for Bruce Golding to assume office following the JLP’s victory in 2007.

“Then, there were still some questions up in the air. But in this case, frankly, there is no question that at the end of the recount the PNP will have more than 32 seats, And so, we should see the swearing in of the new prime minister by next week (this week) and the new government in place within a week,” Dr Davis told the Sunday Observer on Friday.

He explained further that Jamaica does not have the luxury of a system like that of the United States where the transition from one president to another lasts from November until January 20.

“They have a couple months to come to grips with what needs to be, but our system it is almost immediate,” he said.

Dr Davis explained further, “if we had 32 to 31, and one seat was controversial, which would go to magisterial recount, it would be impossible to form a government. So it would be a longer transitional period.”

Meanwhile, with speculation swirling over the possible date for the swearing in of the new prime minister, he explained that there is no required time for this to happen. However, once the new prime minister is sworn in, she becomes the minister of all subjects.

Even so, given the impracticality of this, the new Cabinet ministers are to be sworn in shortly after.

In the event the prime minister cannot immediately decide on a full Cabinet, Davis explained that the prime minister could initially appoint key ministers, for example, that of finance and national security, then select the others over time.

Given the fear that important documents could be destroyed or unaccounted for during the transition, Davis said permanent secretaries in the respective ministries have the responsibility of safeguarding these. He explained that “outgoing ministers can shred some documents, however, there are ground rules governing what can or cannot be destroyed… Usually, ministers are allowed to destroy their minutes from meetings but that does not affect anything because the Cabinet office would have a copy,” he said.

He noted that as Cabinet Secretary, he was responsible for communicating with the permanent secretaries on the treatment of these documents.

“The permanent secretaries have the responsibility of securing these documents and have to do it even if it is the same administration being returned to power because ministers can change,” he said.

On the controversial issue of Cabinet size, Davis said its size should be determined by many variables.

“The media and general society tend to underestimate that there are other imperatives that make you have to look at a Cabinet, than saying it shall be limited to so and so,” he explained. He, nonetheless cautioned against the creation of super ministries which he said might be dangerous because there is, in this case, the need to entrust one person with significant control.

Although the constitution requires a minimum of 11 persons to sit in the Cabinet, Davis said this is just not feasible as there are just too many variables to satisfy.

“There are dangers in some of these super ministries with persons having too much control over something,” he said.

And Jamaicans can expect to see a number of the former PNP government ministers returned to the Cabinet, as Davis explained that it is not the norm to have first time MPs as full ministers.

Such persons, he said, may serve as junior ministers for sometime.

“Occasionally, new faces may become full ministers, but that is depending on where you were coming from (professional background),”Davis said, adding that it is a judgement call the prime minister has to make.