Hinds: Only Parliament can boost PSC's powers

Minister of National Security Fitzgerald Hinds said he welcomed suggestions to improve the work of the Police Service Commission (PSC) to name and oversee a commissioner of police (CoP) and deputy commissioners (DCP), but said it was not up to him as an individual but rather Parliament to act, if it desired.

He spoke to Newsday on November 16, the day after the PSC Annual Report for 2023 was laid in the House of Representatives.

In the report outgoing PSC chairman retired justice Judith Jones lamented restrictions on the PSC's powers to appoint and monitor a CoP and DCPs.

Jones said Cabinet sets the criteria for eligibility of CoP and DCP nominees and said mandates such as law enforcement experience had limited the pool of candidates.

She said the PSC cannot undertake any leadership training nor succession planning for those posts.

The PSC has no investigative powers, cannot refer to the Police Complaints Authority nor Financial Intelligence Unit owing to confidentiality provisions regarding information they hold, and cannot use anecdotal evidence as this would breach the principles of natural justice.

Jones had lamented the PSC's reliance on the CoP for documents by which to monitor that post-holder. Further, she lamented the PSC could only appraise a CoP's performance by measuring it against the strategic objectives of the police service which were set by the CoP.

Hinds expressed his deep gratitude for the service of Jones and other PSC members whose terms ended on November 15.

He said public criticisms often discourage right-thinking citizens from public service, as he again thanked Jones.

Hinds welcomed the "potpourri of ideas" offered by Jones.

"Every one of them is valid and worthy of serious contemplation by the society, particularly the Government and the Parliament which is the only institution that can change the law.

"All that she has said is to be given deep and serious consideration. So I am thankful to her for her intellectual stirring on the issue. She didn't just spend the time in office; she looked at it. She is now putting to us what we can and must do to improve it." He said it was common knowledge the current arrangement was not perfect.

Hinds said, "I am not the Government; I am a part. I am not the Parliament; I am a part.

"In other words, my other colleagues in both fora, we will contemplate her suggestions as we take the work of the PSC and the appointment of COP and DCPs into serious consideration." He noted that the management of the police service was very diffuse, noting the roles of Government, CoP and PSC.

While noting Jones view that the PSC did not have the requisite powers to monitor the CoP, he nonetheless said the CoP was accountable to the PSC and to the law courts, and operated under the provisions of both the Police Service Act and the Constitution (section 123).

"So as we review this entire structure in light of what Madam Justice Judith Jones has said, we may want to consider that diffuse accountability and following what she has said maybe we can find more efficient means for accountability on the part of the PSC and on the part of the CoP, therefore making the whole thing more efficient."

Newsday asked if he could identify any of Jones's proposals and offer any immediacy for any action.

Hinds reiterated that he himself did not constitute the Government nor the Parliament.

"In contemplation of her thoughts and others, decisions are made and implementation of due processes will be taken.

"But I am not at liberty to determine that on my own or in a precipitous manner as some are now inviting me."