Malta Police Union takes issue with circular demanding nonuniformed officers to shave beards

The executive committee of the Malta Police Union officially wrote to the Commissioner of Police to repeal a Circular imposing that non-uniformed members are obliged to shave their beard, under the threat of disciplinary action for non-compliance.

The union noted that this order is in conflict with the Law, and therefore unlawful.

In their letter, the union said: “In Schedule II of the Police Act, we find the relative legal provision related to offences for this particular subject ‘Beard’ as named in the quoted GHQ Circular, under the uncleanliness side-title; ‘Uncleanliness, that is to say, if a member of the Force while on duty or while off duty in uniform in a public place is unshaven, or improperly dressed, or is dirty or untidy in his person, clothing or equipment.’ If we analyse the elements of this provision, the following emerge (which are of interest to the subject); a) A member of the Force whilst on duty or off duty b) In uniform c) In a public place d) Is unshaven.”

“The Police Act, does not provide for any derogation, addition or subtraction to it by the Commissioner of Police. The Commissioner, like everyone must abide with the legislation, enacted by the President of Malta, after it passed the legislative process. GHQ Circular 36/16 (there seems to be no others previous to this on the matter) dictates under the usual threat of Disciplinary action that: ‘Beards, goatees and goatee variations (including what is known as a ‘soul patch’) are not to be worn. The only exceptions allowed to the above is because of certified medical conditions by the Police Medial officer or in case of designated plain clothes officers who are specifically tasked by their respective Superintendent for specific operations.’ Seems that in this case, the principle ‘Ubi lex voluit dixit, Ubi noluit tacuit’ (when the law wills, it speaks, when it does not, it is silent) has not been adopted by the Malta Police Force, and the Commissioner of Police turned legislator and added what the law did not want, rendering the position in ultra vires.”

“In view of the above, the Malta Police Union is considering that the provisions of GHQ Circular 35/16 dated 19th September 2016 is contrary to an express provision of the Act and therefore deemed unlawful with regards to members of the Force in plain clothes, either posted or detailed. To this effect, we request that the Malta Police Force aligns its policies within the parameters of the Law, and also ensures that all members, or no one in uniform sports a beard since the law does not give any discretion to the Commissioner, and the granting of such is discriminatory towards others who are not granted this ‘permit’.”