Police complaints panel passed
over the thin blue line, MPs said yesterday.
And they added the independent Police Complaints Authority Act will help promote more confidence in the force.
Introducing the Act, which was later passed unanimously, Home Affairs Minister Maxwell Burgess said the move would move the Island forward to the 21st Century.
He added the Police already had a "very active and effective'' complaints division.
But Mr. Burgess said: "The problem with the current approach is that legally the public involvement is invisible and it has no statutory powers.
"And this creates a lack of trust in the system. What we propose with this piece of legislation is to have the community involved up front.'' Mr. Burgess added it was vital for any service -- especially one dedicated to community policing -- to have an impartial arbitrator to ensure that the public feel their complaints are being probed properly.
And he said the new watchdog would have the teeth to order the direction and extent of investigations into alleged wrongdoing by Police.
Mr. Burgess added: "Their decisions will be final -- unlike the present system.'' And he said: "It's very important that we not only have justice done with regard to complaints, but that justice be seen to have been done.'' Mr. Burgess said the Police Complaints Authority Act 1998 had the backing of the Governor -- in overall charge of the Service -- Government and the Police themselves.
He added the Governor will appoint the membership, which will include a qualified lawyer as chairman.
And Mr. Burgess said: "Complaints will not be dealt with in some dark and smoke-filled rooms, but made public and it will be the Minister's responsibility to table the results of the investigations in the legislature.'' Shadow Home Affairs Minister Alex Scott said Bermuda had a Police Service it could be proud of -- but added "like any organisation...there has to be an exception to the rule''.' Mr. Scott added he had heard "serious complaints'' against officers -- but rarely heard anyone say they were satisfied at the end of procedures under the current system.
And he said that -- far from a 21st Century innovation -- the Pitt Commission in 1977 recommended a similar body to the one now being set up by Government.
Mr. Scott added he had, only this week, heard an allegation involving a St.
George's based Police Sergeant and a sum of money taken from a youth on arrest.
He said that between $100 and $500 had been taken from the young man -- but an officer not from St. George's is said to have told the station Sergeant not to log it in with his other possessions.
Mr. Scott said he had been told the out-of-area officer later made "a private arrangement'' with the young man. It was claimed the officer went to an automated teller and gave him "a similar sum of money''.
He added: "In this incident she claims, and I have no reason to doubt it, the Police are still investigating and she has been told by someone that the matter is sitting on someone's desk -- and was not going anywhere.'' Mr. Scott later declined to go into details of the allegation or to reveal the name of the officer or the young man said to be involved.
He added that another young man complained he had been punched in the face twice after his car was pulled over by officers.
Government Whip Quinton Edness -- a former Home Affairs Minister -- said the new law would give "credibility to the Police and protection for the public.'' He added -- under the new system -- all complaints to Police would have to be referred to the new Complaints Authority.
Mr. Edness said: "The Police themselves felt the urgency to have a better system for dealing with complaints.'' Lois Browne Evans (PLP) warned against hasty legislation in the run-up to a General Election.
And -- in an apparent reference to the departure of former Commissioner Colin Coxall before his contract was up -- she said "the hue and cry'' perhaps had "stampeded'' Government into drawing up new legislation.
Minister without Portfolio Kim Young told the House that her son, then a teenager, had been stopped for speeding about ten years ago.
She said the motorcycle officer had humiliated the youngster by making him run along behind his Police bike in his bare feet.
Mrs Young added that the Police Service could attract those with a tendency to abuse power.
She said: "This bill will deal with these few people who do tend to abuse this power.
"It will get rid of some conceptions and realities which are out there.'' And she warned bad experiences with Police while a teenager could scar relations with officers later in life.
Shadow Health Minister Renee Webb said the new Authority was needed.
But she said she did not see why the chairman had to be a lawyer -- and added clergymen and others with a record in human rights would perform well. But she admitted someone with legal training would be useful, although not necessarily as chairman.
Youth and Sport Minister John Barritt warned that the nature of policing meant a risk of confrontation, adding the phrase "a policeman's lot is not a happy one'' was still accurate.
He said a barrister in charge of the Complaints Authority would guarantee impartiality.
Mr. Barritt added: "That person will have a familiarity, certainly with the law, not just the criminal law, but procedures...procedures which would be followed when looking into a complaint.'' Shadow Community and Cultural Affairs Minister Paula Cox pointed out Police had a right to expect cooperation when carrying out their duties.
She added: "But with these rights come certain responsibilities -- they must act fairly in a way above reproach.'' The Home Affairs Minister complained that it sounded like there was not "an honest cop'' in the entire force, having listened to the debate.
But he insisted the vast majority of Police did not just do their duty, but "above and beyond'' that.
He added the Attorney General's Chambers could not provide a chairman for the Authority because if criminal proceeding were to follow an investigation, then the file would go to the Crown prosecutors.
The new Police Complaints Authority will be free in its role to investigate and recommend action against officers found to be at fault.
And it would be completely independent and free to conduct its affairs without hindrance from any other body.
He was responding to Mr. Scott , who asked that its members could be non-political and able to ensure justice is done in the eyes of the public, and that the authority was properly funded.
"It is important when you give people powers you give them the ability to fund investigations,'' he said.
And he questioned whether the recommendations of the authority would be implemented, and what the course of action would be if the authority recommended the suspension of officers, for example.
Mr. Burgess replied the bill was designed to make the authority as competent as was possible and nothing would be done to impede its workings.
He added it would have the power to conduct its own investigations, not just those from the police, and was likely to be funded as and when required.
Mr. Simmons questioned the reality of allowing a complaint to be made to any Police officer, and whether in some cases that complaint would actually reach the Commissioner.
Mr. Burgess replied in many cases people knew their local officers and would find them approachable to make a complaint.
The act allows for total accountability by way of an annual report to the Governor, integrity and a section for people who were trying to be vindictive against police officers.
Mr. Edness said it would be wise for the Commissioner in every case to implement the authority's recommendation.
"If he doesn't, the commissioner needs to have a pretty good reason for doing so,'' he said.
Maxwell Burgess Quinton Edness Alex Scott
