PM: Amend law for PSC to make short-term appointments

THE Prime Minister suggested the law be amended to allow the Police Service Commission (PSC) to make short-term acting appointments in the police service. Dr Rowley made this statement before the House passed a motion to approve a notification from President Paula-Mae Weekes to approve a nomination from the commission for ACP Erla Christopher to head the police service while acting commissioner of police (CoP) Mc Donald Jacob goes to the United Kingdom for a week on official duties.

After his term ended in September last year, then CoP Gary Griffith was appointed to act as commissioner by the PSC without Parliament's green light. While he was on vacation, Griffith was suspended and Jacob appointed to act in his stead.

This triggered legal actions, the most significant being an interpretation claim by social activist Ravi Balgobin Maharaj for the court to declare that Griffith’s appointment to act as commissioner was illegal and unconstitutional. Balgobin argued that the acting appointment did not follow the procedure set out by the Constitution. Justice Nadia Kangaloo agreed and went a step further, to highlight that acting appointments as a DCP or CoP need Parliament’s approval.

Christopher, who is acting as a DCP and was doing so at the time of the court ruling, which was not retroactive, is the highest-ranked officer in the police service after Jacob, who remains the only confirmed DCP.

Rowley promised to discuss this matter with Attorney General Reginald Armour SC and bring the necessary legislation to allow the PSC to make short-term acting appointments in the police service without the involvement of Parliament.

"From a practical standpoint, I think it should be useful for the commission to be able to make a short-term appointment and not having to have the Parliament come out in crisis to appoint somebody for a day or two."

In response, Oropuche East MP Dr Roodal Moonilal said the UNC had no difficulty supporting the motion or with Christopher's acting appointment as CoP.

"We don't have a problem with the motion. We have a problem with the mover."

Moonilal advised the Government to consult with Opposition Leader Kamla Persad-Bissessar on any legislation to allow the PSC to make short-term acting appointments without parliamentary approval.

He agreed with Rowley there were occasions when the CoP had to be outside of TT, acting appointments needed to be made and the Parliament may not be in session.

Moonilal reiterated the UNC's position that Rowley was to blame for the events between Griffith's suspension and Jacob's acting appointment.

Moonilal urged Christopher to be strong and not fall prey to "criminal enterprise at the highest level in the political structure."

Responding to Moonilal before the House approved the motion, Rowley said Moonilal's claims about a service commission describing his behaviour towards Griffith as disgusting, were false.

While Government consults with the Opposition on matters of national importance, Rowley said it would not take legal advice from Persad-Bissessar. He claimed such advice in the past from Persad-Bissessar as prime minister had got TT into trouble.

After Speaker Bridgid Annisette-George overruled Pointe-a-Pierre MP David Lee's argument that Rowley was imputing improper motive against Persad-Bissessar, Rowley asked Lee, "Have you ever heard of Section 34?"

St Augustine MP Khadijah Ameen shouted, "We've heard of emailgate."

Rowley also said Government was awaiting notifications regarding other police officers nominated by the PSC to be appointed to other positions in the service.

He said a notification from the commission for former head of the Professional Standards Bureau Ramnarine Samaroo for appointment as a DCP came to Parliament at a time when it was on its mid-year break and lapse.

Rowley also dismissed Moonilal's claims that Government does not respect the PSC's independence