Media reported in 2010 that former Premier Paul Lennon claimed, during the furore surrounding the appointments to senior positions imbroglio, that he had the right to give any direction to the Police Commissioner, including directions on operational matters.
During Legislative Council Estimates hearings yesterday, Police Minister David O’Byrne – in response to an approach to him and then questions by Rumney MLC Tonty Mulder – distanced himself from former Premier Lennon’s position, by revealing that the government was considering the suggestion made by Mr Mulder to amend the Police Services Act to restrict Ministerial direction to policy matters only, thereby ensuring the operational independence of the Commissioner of Police. He further indicated that the review was actually underway and that input was being sought from various stakeholders.
Mr Mulder welcomes the review and congratulates the Minister for his positive response to the concerns that have been raised with the Member for Rumney.
Tony Mulder, a former Police Commander, said today, “I believe that the Minister needs to take a further step and restore the separate position of Secretary of the Department to ensure no future cross over of what it is appropriate for a Secretary to advise the Minister and what is not appropriate advice from an independent Commissioner. “
“Every other Agency with a Commissioner has a separate Secretary due to the differing roles”, Mr Mulder said, “and history has shown that this is even more important for those who investigate breaches of the law.” There is a risk that if Ministers can give operational directions to the Police Commissioner, then politicians can put themselves and others above the law.
“That sort of situation is totally unacceptable to all of us who seek openness and transparency in the workings of Government,” Mr. Mulder said.
