The denial of the right to strike to workers who deliver an essential service is included in the labour laws of many European countries. The police and armed forces are included in the International Labour Organisation’s list of services considered to be essential and, as such, members of these forces are not given the legal right to strike.

The work of the police force falls within the parameter of ‘essential service’, defined as an activity necessary for the safety or security of the public.

In view of this, there should be no qualms about the government’s intention to deny the right to strike to members of the police force in the proposed piece of legislation that is due to give trade union rights to police officers.

Once the legislation granting trade union rights to police officers comes into effect, the Malta Police Association (MPA) will have to reform itself or dismantle.

According to the Police Act, as amended in 2002, this association aims at promoting the welfare and professional efficiency of its members, including matters concerning their hours of duty, leave, pay and allowances, pensions and other conditions of service of rules of discipline in general and defend individuals in disciplinary procedures.

One might ask what the police officers will gain by forming part of a trade union rather than having the MPA as a representative of their interests.

In answering this question one should note that the MPA must be registered with the Police Commissioner, who may not refuse registration provided that the statute of the association is not in conflict with the law and once the association represents no fewer than 15 per cent of the members of the whole force.

This means that the registrar of the MPA is the Police Commissioner who is the highest-ranked officer in the force with wide decision–making powers.

In contrast to this, a trade union has to abide by the provisions laid down in the Employment and Industrial Regulations Act and has to be registered with the registrar of trade unions as an association ‘capable of making contracts’ and ‘capable of suing and being sued’.

As an association it is distinct from the employer. Indeed, when representing its constituents, a trade union acts as a force that manifests the interests that may be, or often are, in conflict with those of the employer.

A trade union is capable of making contracts which in industrial relations terms take the form of collective agreements with employers or the government. In the negotiation process leading to such agreement, trade union officials try to strike a healthy balance between taking into consideration the concerns of the employer and/or of the organ of the decision-making institutional set-up of the entity and, at the same time, keeping their ears to the ground to hear the voices and/or complaints of the workers.

Of course, whatever balance they manage to strike their empathy tends to be skewed towards the employees for whom they try to get the best deal.

Practically all categories of Maltese workers will now have the right of joining a trade union

On the premise that the trade union as an institution is much more detached from the highest echelon of the force and with less conflict of interest, members of the police force may hope for a more favourable outcome in the negotiations about their employment relations.

It should be noted that the new legislation extends this trade union right to other members of the disciplined forces such as members of the armed forces, prison wardens and Civil Protection Department personnel. These categories of workers, although, like police officers, have been denied the right to join a trade union, did not feature much in this campaign about the extension of trade union rights. Somehow it was the police who featured most in the campaign, which has now been going on for the last five years. In fact, this issue was sparked in 2009 after a judicial protest by members of the police force about overtime pay they alleged they were due.

Through this legislation, practically all categories of workers in this country will enjoy the right of joining a trade union. In statistical terms, such an inclusion will give a clearer picture of the trade union density in Malta.

This legislation will also give a boost to the membership of the trade union movement not only numerically but also in psychological terms as the inclusion of all categories of workers could enhance the principles of solidarity upon which the movement is based.