Opposition Leader calls for striking balance in policing legislation

Opposition Leader Ronnie Skelton has raised concerns over striking a balance between empowering the police to fight crime and safeguarding the rights of private citizens.

Debating the Police Amendment Bill 2024 yesterday, Skelton emphasised the need for clarity and restraint in the proposed legislation.

The Police Amendment Bill seeks to update the Police Act to address deficiencies identified in the Caribbean Financial Action Task Force’s (CFATF) evaluation of the Virgin Islands. The bill introduces measures such as electronic surveillance, covert operations, and controlled delivery. According to Skelton, while these tools aim to combat trans-border crime, their domestic application could raise serious concerns.

Skelton pointed out that empowering the police without adequate checks and balances could lead to unintended consequences. “We cannot afford to make laws to fight the enemy within,” he said, noting that such laws might be used against innocent people.

“If you believe that these things will not be used on innocent people if you leave an open chequebook, you’re being naive,” he added.

He stressed that human rights protections enshrined in the Constitution must be upheld. While the Constitution allows for emergency measures to address crime, Skelton argued that this should be a last resort. “It is important for us to understand that we’re fighting two enemies,” he said, “and we cannot afford to burn down Sherwood Forest to catch Robin Hood.”

The Opposition Leader also criticised ambiguities in the bill’s language, particularly clauses allowing for discretionary enforcement. He noted, “We need to be stronger than this… words like ‘may’ are not an answer.” Skelton called for regulations and codes of conduct to ensure the law’s fair application.

Electronic surveillance is serious

One of the most contentious aspects of the bill is its provision for electronic surveillance. Skelton warned that such measures could have far-reaching implications. “Electronic surveillance is serious,” he remarked. “These are things that are real, and they’re used against you even if you are not party to anything.”

Despite his reservations, Skelton acknowledged the importance of equipping the police to fight crime effectively. “We must and should give the police the resources they need to fight crime,” he stated.

However, he maintained that the rights of law-abiding citizens must not be compromised in the process. “We also need to protect the private citizens of this country from the police,” he added. Skelton urged lawmakers to refine the bill’s provisions to ensure a balanced approach as the bill moves to the committee stage.