Action against government plans for performance agreements within the force will be stepped up today when the Malta Police Association is expected to file a judicial protest, this newspaper has learnt.

“This is just the first step because the association is planning to file a case in court demanding the revocation of the agreement in case the government does not budge from its position,” police sources told Times of Malta.

At the beginning of November, the association had given a two-week ultimatum to the Home Affairs Ministry to annul the agreement, warning that failure to do so would result in further action.

The association is arguing that the “unprecedented” change in the conditions of work brought about by the agreement “undermines” the foundation of the force, its independence as well as its integrity.

The issue revolves around an addendum to the conditions of service for the Police Force signed on October 29.

‘Unprecedented’ work condition changes ‘undermine’ force’s foundation, independence and integrity

According to this addendum, the appointment of the three highest ranks – police commissioner, deputy commissioner and assistant commissioner – would no longer be considered as “grades” but based “on a performance agreement at par with headship positions”. As a result, “all terms of conditions regulating headship positions, in force from time to time, would, henceforth, apply to the aforementioned appointments”, the agreement said.

The addendum bore the signature of Principal Permanent Secretary Mario Cutajar and the permanent secretary at the Home Affairs Ministry, Kevin Mahoney.

On November 7, the association informed the government that the agreement had been “signed behind its back” and was “null and with no effect”.

It insisted that the changes in the conditions of work were in breach of the Police Act, which regulated the conditions, rights and appointments of officers.

While expressing its willingness to discuss ways on how to improve the performance of officers in the highest ranks, the association remarked that this had to be done in conformity with the law, while safeguarding the autonomy, independence and integrity of the force.

For this reason, it warned that if no agreement was reached or if the addendum was not revoked within 15 days, it would reserve the right to embark on those procedures it deemed necessary.

The agreement also attracted harsh criticism from the Opposition.

“How can a senior police officer investigate a report against the government or a minister when the government will be reviewing the police officer’s performance every three years?” Nationalist Party spokesman Jason Azzopardi asked.

On its part, the Home Affairs Ministry refuted such claims, arguing that the agreement was meant to instil accountability, efficiency and transparency in the running of the force.

A police officer should not be expected to enjoy his grade for life, it said.