Issue link: https://maltatoday.uberflip.com/i/1204548
13 maltatoday | SUNDAY • 26 JANUARY 2020 NEWS proposal outlining the method of appointment for the police com- missioner speaks of a two-thirds parliamentary vote. But the Bill put forward last week differs from what the party suggested in 2015 and more re- cently, last December. This is how the PN's position has shifted over the past five years: 2015 – Two-thirds vote with fall-back option In its first extensive policy doc- ument under then leader Simon Busuttil, the PN proposed apply- ing the two-thirds majority rule in Parliament for the appoint- ment of "positions of high public office". The police commissioner and the commander of the armed forces were two such posts. How- ever, the proposal also included a fall-back option – if a two-thirds majority is not achieved after two rounds of voting, a simple major- ity would suffice. 2017 – Electoral manifesto retains two-thirds option In a proposal linked to consti- tutional changes, the manifesto called for the introduction of a two-thirds parliamentary major- ity requirement "for the highest appointments of State". It also clarified that in order to avoid a vacancy in the case that the two- thirds majority is not achieved after two votes, "a simple major- ity on the third vote will suffice". This proposal retained in its en- tirety the suggestion made two years earlier without specifying which roles would qualify for two-thirds option. 2019 – Good governance document In its first major policy docu- ment under Adrian Delia's helm, the PN released a good govern- ance document in December, which departed from the two- thirds principle to appoint the police commissioner. The doc- ument proposed the creation of a "committee of experts ap- pointed by consensus between of both sides of the House, that will report to Parliament and the President… on the steps that are necessary to ensure the in- dependence and effectiveness of the police and the army in all circumstances". This committee will also be tasked to suggest the method of appointment of the ar- my commander, the police com- missioner and the highest officers in these disciplined forces. 2020 – PN draft law A private members' Bill put forward by the PN in January returned back to the two-thirds principle. The proposed law will allow the Prime Minister to choose the police commis- sioner but the appointment will only become effective after a parliamentary grilling followed by a two-thirds majority vote in parliament on the nomination. However, unlike its previous pro- posals, the PN did not propose a fall-back position if no agreement is reached. Removal of the police commissioner can only happen after parliament approves a mo- tion to that effect by a two-thirds majority. 4. The government's proposal Robert Abela has proposed a new system that increases the level of scrutiny prior to the ap- pointment of a police commis- sioner but which in practice al- lows the government to have its way. The proposal put forward fore- sees the Public Service Commis- sion, a constitutional body, issue a public call for the post of police commissioner. An evaluation board would then propose the two most suitable candidates to the Prime Minister. The candi- date chosen by the Prime Min- ister would then face a grilling at the hands of MPs in the public appointments committee, where a simple majority vote would suf- fice to confirm the choice. The proposal does not outline how the police commissioner can be removed but given the meth- od of appointment, it is likely to remain in the Prime Minister's discretion. ksansone@mediatoday.com.mt RAY ZAMMIT 2014-2015 Acting, resigned following the Sheehan affair MICHAEL CASSAR 2015-2016 Resigned in the midst of Panama Papers scandal LAWRENCE CUTAJAR 2016-2019 Resigned following election of Robert Abela as Labour leader and PM 2. Prime Minister selects his favoured candidate from short-list and submits candidate to parliamentary committee for public appointments The Standing Committee on Public Appointments, which was established by Act II of 2018 - Article 48A of the Public Administration Act, has the power to conduct pre-appointment hearings of persons nominated for public appointments specified in the Second Part of the Fifth Schedule of the same Act 3. House then votes on candidate following his grilling before the public appointments committee In 2015, the PN proposed that the Prime Minister appoints a commissioner who could be approved by two-thirds of the House, implying bipartisan consent to the choice of commissioner; the proposed system was that there would be a first round of voting requiring two-thirds of the House, then a second round again requiring two-thirds should the first vote fail, and finally, a final round of voting determined by a simple majority