While the new mechanism for the appointment of the Police Commissioner has the appearance of reducing the “totalitarian powers hitherto enjoyed by Prime Ministers” – which is a positive – the “bottom line remains exactly the same – he hires, he fires”, former European Court of Human Rights Judge Giovanni Bonello said.
Contacted by The Malta Independent for his take on the reforms announced by new Prime Minister Robert Abela for the appointment of the Police Commissioner, Judge Bonello said that the new system “has the appearances of reducing the totalitarian powers hitherto enjoyed by Prime Ministers in the appointment of the head of the police force, and that is already positive.
“But the bottom line remains exactly the same - he hires, he fires,” he said.
“The various filters incorporated in the new procedure will diminish the perception of total arbitrary power. The determining factor, however, still remains the benevolence of the Prime Minister,” he continued.
Prime Minister Robert Abela on Tuesday announced what the government will be proposing as the new manner in which the country’s Police Commissioner should be appointed. He said that the first step will be a public call for applications issued by the Public Service Commission, which is made up of two representatives of the government, two of the Opposition, and a chairman agreed upon by both sides.
The Commission will draw up the criteria of eligibility for the candidates, and then provide the Prime Minister with a shortlist of two candidates. The Prime Minister will then choose the candidate he believes is best suited for the post. The chosen candidate will then face the Public Appointments
Committee in Parliament for scrutiny by both the government and the Opposition.
Giving his opinion on systems of governance in general, Judge Bonello said that, “it is people, not systems, who are really determining.
“A perfect system in the hands of crooks works far worse than a flawed system in the hands of people of integrity. So devising socalled foolproof systems can be an illusion,” he said.
“What those who respect good governance should aspire to is solely entrusting the workings of the state to upright officials,” he continued.
Abela has said that the mechanism that the government has decided to adopt is based on the recommendations of the Venice Commission.
Point 132 of the Venice Commission recommendations in fact reads that, “it is important that in a democratic society the Police Force has the confidence of the general public and is perceived as politically neutral in the service of the State and the professional, unbiased, enforcement of the law and the protection of the citizen.
“Therefore, in Malta, there should be a public competition for the post of Police Commissioner and the appointing authority (Prime Minister or President) should be bound by the results of the evaluation of that competition, even though they might have a power of veto against the candidate selected,” it continues.
Asked whether he feels that the new mechanism is a valid interpretation of the Venice Commission’s recommendations, Judge Bonello replied that, “the Venice Commission's recommendations only work on the presumption of good faith in their enforcement.
“If the recommendation of the Venice Commission is implemented by people of integrity, it could yield favourable results,” he said.
“When enforced by crooks, the result will be just more of the same, only sanitized by the semblance of correctness. Time alone will tell,” he concluded.
On Wednesday, Prime Minister Robert Abela said the Opposition’s proposal to appoint a police commissioner via an approval of a two-thirds parliamentary majority cannot work in practice.
Former Police Commissioner John Rizzo, who currently sits on the Permanent Commission Against Corruption, was also contacted by this newsroom for his views, but said that he preferred not to comment owing to his place on the Commission and to his desire to remain impartial on such matters.