Ex-PSC member calls for review of legislation to address oversight, police selection

FORMER member of the Police Service Commission (PSC) Courtney Mc Nish said it may be time to review the legislation behind the Police Service Commission.

He said so on November 17 in an interview with the Newsday, following comments made by outgoing PSC chair Justice Judith Jones in the PSC's 2023 report to the Cabinet laid in Parliament on November 15.

In the report, Jones cited several challenges in the selection process and performance monitoring of the Commissioner of Police (CoP) and the deputy commissioners of police (DCP).

“There is always need to revisit legislation,” he said. “Because circumstances change, times change and there is always need for that. That is one of the problems with the country, legislation stays for 40 or 50 years and they remain untouched and become irrelevant.

"So yes, clearly the legislation could do with some revision.”

One key change to the legislation behind the PSC that he would make, he said, would be to expand the ranks over which the PSC has oversight. He said he would like to see Assistant Commissioners of Police (ACPs) come under the purview of the PSC.

“I see no reason why the commission cannot have responsibility over assistant commissioners. That is the succession pool. From assistant commissioner to deputy commissioner.”

In the PSC 2023 annual report, laid on November 15, Jones in her chairman remarks said the criteria for the selection of a CoP is skewed only to police, which limits the pool of candidates.

She added that as the pool is so small, there is a chance for repeated candidates.

She added that the PSC cannot vet information on candidates because it is not an investigative body and cannot investigate information itself, it cannot use anecdotal information to make a decision on selections and is prohibited from verifying information because of issues surrounding confidentiality.

Jones also said the PSC had no control over strategic objectives or key performance indicators (KPIs). These are usually set by the CoP.

Mc Nish said he didn’t necessarily agree that the KPIs are only selected by the commissioner of police. He said when he was a member of the PSC, the board sat with the commissioner and developed the KPIs together.

“You cant develop KPIs without having a discussion with the subject employee. I am unaware that the CoP sets their own KPIs. He may come up with the factors that make up the KPIs, because none of us are experts at policing. But in terms of what are deliverables, they are not set by the Commissioner of Police alone.”

He also said that while the commission does not have the resources to go and investigate matters or vet information it does not stop the PSC from commissioning an investigation.

In 2021, the PSC appointed Justice Stanley John to lead in investigation into allegations on firearm users licences.

“No one has challenged the legality of the investigation or whether the commission had the powers to do so. They challenged the outcome, but I have not seen any challenge to the commission’s ability to commission an investigation.”

Newsday also called Prof Ian Kevin Ramdhanie, another member of the PSC. He said he did agree with what Jones said, but didn’t want to comment on the matter further.

“I agree with all the comments noted. It is an already published document and it came from all of us.”

On November 18, the House of Representatives will meet to debate five new proposed members for the PSC which includes Dr Wendell C Wallace, Annika Fritz-Browne, Ethel Hector-Berkely and Roger Babooram. Ramdhanie returns as a candidate for the incoming commission.