Issue link: https://maltatoday.uberflip.com/i/1204548
7 maltatoday | SUNDAY • 26 JANUARY 2020 OPINION WHETHER we like it or not, police commissioners were al- ways political appointees. When Dom Mintoff returned to power in 1971, one of the first steps he took was to ditch Vivi- an de Gray from the job and re- place him with Alfred Bencini. I need not go into the 'Mintoff vs. de Gray' story except for the fact that it was Mintoff himself who had originally appointed him in 1956. The story of his replacement recalls the fact that Mintoff expected the police commissioner to be a puppet with strings attached to the gov- ernment's hand. Bencini refused to be Mintoff's pawn and he eventually resigned. He went on to publish the story in his auto- biographical book: 'Nothing but the Truth' published in 1981. That should have been an eye-opener. But, alas, it was not. The story went on and on. When the PN was returned to power in 1987, the infamous Lawrence Pullicino was forced to retire from his post of po- lice commissioner... and later was formally accused for his in- volvement in the death of Nardu Debono while being held in cus- tody at the police headquarters. Unfortunately, Malta seemed to have learnt nothing from the chequered history of po- lice commissioners appointed during the Mintoff era. The PN government continued with the same system in which the ap- pointment of the commissioner was at the discretion of the Min- ister responsible for the police. This system was open to prob- lems because by law the police commissioner wields certain executive powers and having his position itself subject to the discretion of a Cabinet minister could one day spell trouble – big trouble as police commissioner Lawrence Cutajar found to his chagrin. Would the police com- missioner really investigate the Minister who had appointed him – or any Cabinet minister – if the case arose? How 'inde- pendent' can such an investi- gation really be, if the commis- sioner's tenure depends on the government of the day? This should have been obvious from day one. But the possible investigation of people sopra ogni sospetto (beyond all suspi- cion) was never seriously con- sidered. So Malta has laboured on for over 55 years with the same sys- tem until Sod's law came into effect: 'if it can happen, it will'. Given this historical back- ground, the system proposed by the new Prime Minister, Robert Abela, is a breath of fresh air – even though it does not go as far as many wish. The selection process will ini- tially be in the hands of the Pub- lic Service Commission (PSC), the Constitutional body that is supposed to ensure independ- ence in appointments, promo- tions and discharges in the civil service. The Commission will issue a public call and will also be responsible for drawing up the call and setting the criteria for eligibility. The Commission will evaluate the applications and shortlist two candidates who are most el- igible for the post. Following the shortlisting, the Prime Minister will then choose the police com- missioner. The Prime Minister's choice of candidate will not be final. The candidate will have to face a grilling before the Public Ap- pointments Committee (PAC). In this forum, as Abela pointed out, the Opposition will have the opportunity to put forward any questions to the candidate. A vote in the House of Repre- sentatives will then be taken on the appointment of the police commissioner. A simple majori- ty will suffice. The Opposition wanted more. It wants the appointment sub- ject to an approval of two-thirds of the members of the House of Representatives. It claimed that, effectively, the Prime Min- ister would still be choosing the police commissioner himself; more so since the government holds a majority on both the PSC and the PAC which means that both are under the PM's control. The Prime Minister dismissed the PN's proposal as 'unworka- ble' and also explained that the public call is in line with the recommendation made by the Venice Commission in its re- port on Malta. In truth, however, we already have the appointment of both the Auditor General and the Ombudsman subject to a two- thirds approval in Parliament. To date these appointments have not presented any insur- mountable hurdles, either un- der a PN or under an PL govern- ment. I agree that subjecting the police commissioner's appoint- ment to a qualified majority in Parliament would be a better way of doing it – but it is also a system that assumes we have a bunch of responsible and ma- ture MPs. Abela's proposed system goes halfway. The country has to wait to see whether it passes the test of time. A plus for Aaron Previously Parliamentary Sec- retary for EU Funds, Aaron Far- rugia, was appointed Minister of the Environment, Climate Change and Planning in Abela's Cabinet. In an interview with another paper, he said that he will start publishing a register of all meet- ings he has with stakeholders, in a move aimed at promoting transparency and good govern- ance. He explained his decision in this manner: 'This Transpar- ency Register is in line with the 2017 Labour Party Electoral Manifesto, the European Com- mission's 2016 proposal for a European Transparency Regis- ter, as well as the best practic- es learned from other member states of the European Union.' Nothing original here – but as the saying goes, we do not need to invent the wheel to improve our country's governance. I believe Farrugia is on the right track regarding this and his is a welcome effort at trans- parency. I can assure him, however, not just that his register will not remain empty but also that, unfortunately, the problems re- sulting from Malta's size cannot be brushed off with such a register. He will be assailed by people in whatever social function he attends and whatever 'thrill' he is invited to join in – for such is the way ministers are greeted and treated in this fair land. But then, he can hardly keep a register of all his informal meetings outside his office. This is not to denigrate the system he says he will be adopting. He has made a courageous move. But what is simple in a big country can become irrelevant in our small pond. So Aaron Far- rugia will even- tually find out that he must also keep on to the straight and narrow, even when he is relax- ing by watching a football game... I agree that subjecting the police commissioner's appointment to a qualified majority in Parliament would be a better way of doing it – but it is also a system that assumes we have a bunch of responsible and mature MPs Michael Falzon Choosing the top cop micfal45@gmail.com Left: Vivian de Gray, and his successor, Alfred Bencini Farrugia: Transparent agenda SEE OPINION PAGES 12-13