Lalla: No use bringing back police reform bills
SENIOR COUNSEL Kenneth Lalla, former chairman of the Police and Public Service Commissions, feels that any attempt to bring back the controversial Police Reform Bills to Parliament "would clearly be nothing short of flogging a dead horse." Lalla pointed out that in 1993, the then government (PNM) tabled a bill in Parliament to amend the Constitution to abolish the Police Service Commission, but that was defeated in Parliament. In 2002, the present Government laid the same bill in Parliament, but that was also rejected. "Government would seem to be persisting in deluding the unsuspecting citizenry into believing that the abolition of the Police Service Commission and its replacement by a Police Management Authority would be the panacea to a beleaguered Police Service, and by extension, an end to the escalation of crime." Lalla’s comments were made at the launch of his publication, The Public Service and Service Commissions at the La Boucan, Hilton, on Thursday night. There was double celebration as Lalla celebrated his birthday. Lalla said when he was chairman, the two commissions came under the sharp focus of the political directorate which construed or appeared to have construed the commissions as having a managerial responsibility for the proper and efficient functioning of the Public Service and the Police Service, and consequently answerable to the executive. Lalla said that such a construction was clearly a woeful misapprehension on the part of the political directorate. This misapprehension, he added, was a further cause for concern. "It is well established that most politicians have an inherent dislike for independent bodies and constitutional and institutional checks and balances against the misuse and abuse of power." The former chairman pointed out that the management of the Police Service was already under the general direction and control of the Government, the Minister of National Security, the Permanent Secretary and the Commissioner of Police. Lalla said the vesting of the power to the Government to hire and fire police officers would have the clear effect of politicising the service by opening the door to nepotism, favouritism, and political influence. "Further, the Police Service will become subservient to the Executive and the potentiality for harassment and the arbitrary invasion of the rights and freedoms of the individual will become pervasive and endemic, thereby leading to a creeping, if not, a police state." Lalla pointed out that the Police Service Commission had been established to secure the independence of the police who exist, not to carry out the instructions or bidding of the government of the day, but to preserve the peace and enforce the law. He continued, "Provisions for the dismissal of police officers for misconduct or their removal for inefficiency or ill health have been provided for in the Constitution. However, a dismissal or removal must be for cause and not at whim." In 1993, the then government moved to abolish the Police Service Commission after the commission refused to take steps to retire then commissioner of police Jules Bernard in the public interest. Also addressing the book launch were Russell Martineau, President of the Law Association; Independent Senator Dr Ramesh Deosaran, and Australian-born attorney Carla Herbert, who works with the Ministry of Finance.
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"Lalla: No use bringing back police reform bills"