PN presents bill to change the way Police Commissioner is appointed

The Nationalist Party on Monday presented a new bill which addresses the way the Police Commissioner is appointed, proposing a two-thirds majority approval by Parliament for the person to occupy the post.PN MPs Darren Carabott and Karol Aquilina addr

By: independent.com.mt

Jul 08 2024
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PN presents bill to change the

PN MPs Darren Carabott and Karol Aquilina addressed a press conference where they presented the bill, for a "new and better way" to appoint the Police Commissioner.

Carabott said that in light of the many, and large shortcomings of Police Commissioner Angelo Gafa, government had an opportune moment to send a message that it has learnt from its past, and could have refrained from extending Gafa’s contract.

This, was not done, however, as government extended Gafa’s contract, Carabott said.

“The Police Corps deserves an independent, autonomous Commissioner who is free from government. We are here because we believe that the police deserve a capable person who does not look at anyone’s face, or politics. Our country needs a serious leadership in the Corps,” Carabott said.

He mentioned cases in which Gafa, as Commissioner, failed to do his duties, such as in the Vitals case, Pilatus case, Electrogas, as well as the social benefits and driving license scandals.

Carabott said that there are also shortcomings in leadership and administration, where he said that police officials did not even have evidence bags to present to Court, as well as the conditions in which officials work in.

“We are proposing solutions on how the appointment should be made. We need a Commissioner who looks at no face, or political interests, as that is not his function,” Carabott said.

He said that how the appointment works currently, the Public Service Commission issues a public call, where it is then narrowed down to two choices as best candidates, and Cabinet chooses one of them.

Then, the Public Appointments Committee examines the person, advice is given, but the decision ultimately falls on the Prime Minister, Carabott explained, adding that this needs to be changed.

He recalled past Police Commissioners, where many who were chosen by the Labour government lasted far longer in tenure than others.

“This system is not leaving any results, there is a lack of consistency and the public deserves the peace of mind of having a Police Corp who is not partisan, and chosen with the 2/3 majority model, giving independence to the same corp,” Carabott said.

Aquilina then explained the PN’s proposed bill, saying that the country has lost faith in the way the Police Corps is being led. He said that the Commissioner must be completely independent from today’s government.

The bill proposes that the public call issued by the Public Service Commission remains as is, as well as the process of examination of the candidate, whose name is then sent to the Cabinet.

The PN also believes that scrutiny by the Public Appointment Committee remains, as it makes up members of both government and Opposition.

Aquilina said that the PN then proposes that a motion is presented in Parliament with the name of the candidate, with Parliament then voting. The person must be appointed with two-thirds majority approval of the whole House, and it would be the President to appoint the person, and not government or the Prime Minister.

The bill also proposes security of term, where the Commissioner can only be removed with a two-thirds vote in Parliament. The President would then remove the Commissioner acting on Parliament’s vote.

Aquilina said that when the position is vacant in between appointments, the acting Police Commissioner must be chosen by the President without interference from anyone.

“This change must be entrenched in the Constitution, and cannot be changed if not by a two-thirds majority of the House,” Aquilina said, adding that the appointments of the Ombudsman, Auditor General, President, Chief Justice, are all done in the same way.

When asked by a journalist whether the extension of the term of a Police Commissioner also goes to Parliament for a vote, Aquilina said that in the law, there is no clause which says that the tenure of a Police Commissioner should be of four years.

“This is imposed by government to keep the same people in the role. We are proposing that there is no set term, and a new appointment would be made if the person retires, or resigns. The appointed Police Commissioner can continue fulfilling his duties in his role,” Aquilina said.

Aquilina and Carabott said that the PN wishes to see an independent and autonomous corps to regain the respect the Police deserves.