Urgent Bill seeks to replace King’s authority in appointing Police Commissioner [1]
Tuesday, April 2, 2019 - 19:47. Updated on Tuesday, April 2, 2019 - 20:23.
The Tonga Police (Amendment) Bill 2019 – one of six urgent bills introduced by Cabinet last month – looks to amend Tonga’s constitution regarding the appointment process of a Police Commissioner. The bill attempts to remove the authority of the King to appoint a Police Commissioner, handing over that right to Cabinet.
The Bill seeks to apply changes to sections 10 and 14 of the current Tonga Police Act 2010, which gives the “King in Privy Council” the authority to appoint a Police Commissioner.
Explanatory notes attached to the Bill in its official document, posted on the Crown Law website, state:
- “Section 10 is amended to provide that it is now the Cabinet upon recommendation of the Public Service Commission that have the authority to appoint the Police Commissioner.”
- “Section 14 is amended to provide that it is now the Cabinet upon recommendation of the Public Service Commission that have the authority to appoint an Acting Police Commissioner.”
The Tonga Police (Amendment) Bill 2019 bypassed debate in parliament after it was declared “urgent”.
To read the full document of the Tonga Police (Amendment) Bill 2019, click the following link TongaPoliceAmendmentBill2019.pdf [2]
Section 10 amendments
Section 10 of the current Tonga Police Act 2010 states “Having received advice from the Judicial Appointments and Discipline Panel, the King in Privy Council — (a) shall appoint the Commissioner; (b) shall determine his terms of appointment; and (c) in accordance with section 13 may dismiss him.”
The Tonga Police (Amendment) Bill 2019 amends this by deleting the words “Having received advice from the Judicial Appointments and Discipline Panel, the King in Privy Council” and replacing it with the words “Cabinet upon recommendation of the Public Service Commission”.
Section 14 amendments
Section 14 of the current Tonga Police Act 2010 states “If there is a vacancy in the office of Commissioner or if the Commissioner is absent from duty or from the Kingdom or is, for any other reason, unable to perform the functions of the Commissioner, the King in Privy Council, having received advice from the Judicial Appointments and Discipline Panel, shall appoint a person to act as Commissioner as soon as practicable after the vacancy, absence or inability occurs.”
The Tonga Police (Amendment) Bill 2019 amends this by deleting the words “the King in Privy Council, having received advice from the Judicial Appointments and Discipline Panel,” and replacing it with the words “Cabinet upon recommendation of the Public Service Commission”.
The long title of the Tonga Police (Amendment) Bill 2019 is “A Bill For An Act To Amend The Police Act 2010 To Remove The Reference To The Judicial Appointments And Discipline Panel”.