While Bermuda’s crime soars the bickering over who has operational control over Policing has been a constant theme throughout 2009. Recently Public Safety Minister David Burch appeared to back down from his call for control but it is not known if the Premier or Cabinet have also changed their minds. So would law and order be improved if Government, rather than the Governor, had ultimate responsibility? Matthew Taylor reports.

Currently, like all other British Overseas Territories, the Governor has overall responsibility for the Police, but much of that power is delegated to the Police Commissioner, while the Government controls the Police budget.

It's an uneasy arrangement meaning the public have no say in removing the person at the top.

In October, Governor Sir Richard Gozney said the Government had declined his offer for more regular discussions on policing Bermuda after the Premier said he wanted Government to have full operational control of the Police service.

But in the wake of the gang-related shooting of 30-year-old Kumi Harford earlier this month, Premier Ewart Brown repeated his demand for control over operational policing saying he was not satisfied enough was being done on crime.

He said at the time: "Unfortunately, despite being in Government we are hamstrung in our abilities to act.

"In spite of the fact that the Bermudian taxpayer pays for our Police service, an unelected Governor has full control over operational policing."

And the Premier said the Government has repeatedly called for reforms such as a greater Police presence in known hot spots, greater community policing to build trust as well as bringing international experts to train Police in ways to reduce gang violence.

The Premier claimed he had made the case that those who pay for Policing should have a say over operational policing strategies at the Overseas Territories Consultative Committee in London.

Sir Richard responded by saying the three operational policies the Premier was calling for were already underway, echoing earlier comments from Assistant Commissioner Paul Wright.

Mr. Wright said Operation Safer Streets had resulted in greater Police presence in hot-spot areas and a sharp focus on prolific priority offenders which had resulted in a 60 percent increase in arrests compared to last year.

The Police are also receiving training from the America's FBI in forensic and crime scene investigation skills and will soon be trained by the FBI's Safe Streets Gang Unit on how to thwart gang activity.

So would it be healthy to give politicians all the power over Bermuda's Police force?

Former Police Commissioner Colin Coxall knows better than most what can happen when Police start to probe politicians.

Mr. Coxall was forced to resign in 1997 after United Bermuda Party Environment Minister John Irving Pearman was caught up in Operation Cleansweep after cheques written by Mr. Pearman were found in the possession of two men arrested during the swoop.

Mr. Pearman said the cheques were for work around his home and denied any involvement in drugs. He was never charged with any offence but was twice called in for questioning by Police.

Mr. Coxall quit the Island shortly after the row after at least one Cabinet Minister had threatened to resign if Mr. Coxall wasn't removed.

Mr. Coxall told The Royal Gazette: "I would have felt that any Commissioner after that is likely to come under huge political control and influence and would be risking his Commissionership by acting in a way that is not compatible to the wishes of politicians.

"There are inherent dangers of any singular body, political of otherwise, having control over operational activities of any Police force.

"Particularly so in Bermuda because of the influence of a very small number of politicians who could potentially exercise that political control over a democratically-appointed Commissioner of Police and his senior staff for the wrong purposes."

Bermuda, of course, isn't the only place where politicians have occasionally come under suspicion it's a worldwide problem.

Mr. Coxall said: "The comparison between Bermuda and my experience in England is that a Chief Police Officer, without hesitation, can take appropriate action including arrest of a politician if the evidence of an investigation rendered this appropriate.

"My experience in Bermuda indicated to me that one could reasonably expect that there would be huge political interference if the Commissioner attempted to do so there."

And former colleagues also fear more political control.

One former senior Bermudian Policeman said: "One of the dangers of politicians being in control of Police is you become a tool that is the way it has worked in some of the Caribbean islands.

"The minister calls all the shots you lose the administrative responsibility that gave you the freedom to do what you had to do without fear or favour."

Complaints about politicians interfering too much in policing in the Caribbean were detailed in Jack Green's Encyclopedia of Police Science as he noted public confidence in Police is low while fear over crime is high throughout the region.

The top policeman in Jamaica for example is appointed by the Cabinet but Mr. Green notes that Trinidad and Tobago's Police Service Commission, appointed by the President, has repeatedly resisted calls by the Prime Minister to sack top Policemen.

Both countries are moving towards greater oversight by Parliament through Joint Parliamentary Select Committees which issue reports which must be replied to by Government.

Another former Bermuda high ranking Police officer also voiced concern about giving politicians more say in operational matters as it could even backfire on those seeking more control.

He said: "I'll give you a high level example where things can and will go haywire very quickly. Say a Minister wants Police to carry out a firearms search at location 'A'.

"Police say they don't have sufficient intelligence reports to justify it. Police carry out the search on 'orders' shots are fired and one civilian is dead. Authority is one thing, responsibility is another.

"Do you think many Ministers will want to confront the aftermath of failed operations?"

So what do they do in other similar jurisdictions?

In the independent Channel Island of Jersey, which is of similar size and standard of living to Bermuda, Police are answerable to the Home Affairs Minister, who in turn, is part of a Council of Ministers.

In the Cayman Islands, an Overseas Territory like Bermuda, the politicians are also pushing for more input with some success.

The island has extended its democratic oversight of policing with the National Security Council (NSC) under the new 2009 Constitution, which came into effect on November 6.

The NSC includes the Governor as chairman, the Premier, two other Cabinet ministers, the Opposition leader, two lay persons, the Deputy Governor, the Attorney General and the Police Commissioner.

The NSC will advise the Governor on matters of internal security but not operational and staffing matters and the Governor would be obliged to, subject to certain exceptions, follow that advice.

The Governor may however ignore such advice if he thinks it will have an adverse effect on Her Majesty's interest. In such an event, the Governor would be required to notify the Council of his or her decision.

Policing has been a hot topic in Cayman as well where crime generally is falling but violent crime is rising.

Recently Cayman Premier McKeeva Bush summoned the Commissioner of Police to brief Government after a series of robberies, burglaries and gun-related crime.

Cayman's Governor Stuart Jack noted politicians were pushing for control of the Police but said the UK was: "Rightly not prepared to give politicians in Cayman, or in any other Overseas Territory, control over Police operations or the appointment of senior Police officers, in order to maintain the independence of the Police in upholding the law impartially and without favour."

And yet Britain gives its own politicians a say in Policing, albeit split between the national and local level.

Every Police force has an independent Police Authority made up of councillors (local politicians) and members of the community who set the strategic direction and priorities of the force.

They also set the budget, oversee any complaints against Police and have a role in appointing, dismissing and disciplining Chief Officers.

Police authorities normally have 17 members. Nine of those members are local councillors and eight are independent members appointed by the authority.

Mr. Coxall explained how it worked in practice, stating that the Home Secretary appoints the Chief Police Officers (CPOs) while central government chips in about 50 percent of funding while the other 50 percent is from local government.

The chairman of the Police Authority is consulted on the hiring and sometimes firing of Chief Constables although constitutional case law gives the CPO ultimate responsibility to carry out his duties without political interference, even by the Home Secretary.

That authority has been tested in the courts and upheld.

But Mr. Coxall said the monthly Police Authority meetings were taken seriously by Police, given the control of the purse strings by local politicians.

"They can cause endless problems if you are not onside with them. It is up to the CPO to say what his operational problems are <\!m> like tackling burglaries and car thefts. They have a right to ask him what he is doing about it."

Mr. Coxall believes there should be a version of a Police Authority in Bermuda, with the Police Commissioner giving strategy updates to a small cross-party committee of MPs with the Public Safety Minister and Governor all present.

"I do think there's a place for politicians to get involved in policing, but not in the day-to-day operation of Policing."

United Bermuda Party deputy leader Trevor Moniz agreed there should be some sort of standing body involving politicians from all sides.

But he said handing total control of Police from the Governor to the Government would be unhealthy.

"I don't think Police should be politically directed. I don't know what it would achieve and you want independence in your police force anyway."

And Mr. Moniz said regular meetings with Police combining one or two parishes were needed.

"People should know more about what's going on and why. I sit down with Police now and again to talk but it would be nice to have a more formalised idea of how things are going."

Whatever a country's constitutional set-up, even successful Police Commissioners are vulnerable to the whims of politicians.

New York City Police boss Bill Bratton helped bring down crime rates but was forced from office after clashing with New York Mayor Rudy Giuliani.

And London's Chief Policeman Ian Blair also blamed political interference after being forced out by new London Mayor Boris Johnson earlier this year.

Mr. Johnson's Conservative Party is campaigning for elected Police chiefs which some believe would allow real accountability whereas at the moment all a top Policeman has to do is keep on the right side of the relevant politician.

"Electing Police officers is not a new idea. In the States elected sheriffs are generally the highest law enforcement officer of a county but cities tend to appoint their senior officers.

And it wasn't so long ago that the Bermuda public had some formal input on law enforcement, via Police Consultative Committees, set up by Mr. Coxall.