Justice Minister says the proposed service will increase visibility and support KPSM, while firearms would require a different mandate, training and supervision.

PHILIPSBURG:---  Minister of Justice Nathalie Tackling has firmly defended her decision that Sint Maarten’s proposed tourist police will not routinely carry firearms, telling Parliament that the arrangement is a deliberate policy choice rather than an oversight.

In responses to parliamentary questions, Tackling described the tourist police as a specialized, visible, preventive and service-oriented function that would work alongside the Police Force of Sint Maarten, KPSM.

Its personnel would assist visitors and residents, observe and report incidents, and call in regular police officers when intervention is required.

“The tourist police complements KPSM. It does not duplicate it, and it will not stand in for armed officers,” she said.

BAVPOL Status Does Not Automatically Mean a Firearm

Tackling explained that appointment as an extraordinary police officer, commonly referred to as BAVPOL, does not automatically authorize someone to carry a firearm.

According to the minister, the applicable framework allows authorization for specified weapons under certain conditions. However, she stressed that legal permission and an operational decision to routinely arm a particular category of officer are separate matters.

“The position is not that the law forbids arming these officers,” she said. “It is a choice not to, given the role that they will fill.”

Addressing questions about whether two years of training are required, Tackling distinguished the basic training of a fully qualified police officer from BAVPOL training. She said BAVPOL training alone does not qualify someone to become a routine firearm carrier.

Minister Rejects Comparison With Firearms Issued to Public Officials

Tackling sharply rejected a comparison between tourist police and ministers who may receive firearms for personal protection.

A minister, she argued, does not routinely patrol streets, arrest suspects or confront potentially dangerous individuals in the course of policing duties.

“Whatever applies to the personal protection of someone in public office says nothing about the training required by an officer who must act in the public domain,” she said.

She warned against using concerns about standards elsewhere to justify lowering requirements for tourist police.

“A firearm is not standard protective equipment. It is the authority and the responsibility to use lethal force.”

Dangerous Incidents Remain KPSM’s Responsibility

The minister said tourist police safety would depend on clear deployment procedures, communication equipment, situational awareness and direct support from KPSM.

Incidents involving firearms, serious violence or dangerous suspects would require a response from trained and equipped regular police officers.

If tourist police were expected to routinely intervene in situations where lethal force might be necessary, Tackling said the entire function would have to be reassessed. That would include selection standards, training, continuing firearms proficiency, command, supervision and reporting.

She also referred to past experiences with officers being armed without adequate preparation, saying government had a responsibility to avoid repeating those mistakes.

Training Details Still Being Finalized

Despite defending the policy, Tackling did not provide a fixed training duration in these responses.

She said the training components would form part of a plan of approach being finalized, with regional options under consideration.

Her remarks therefore establish the intended role and firearms policy, while leaving the final training arrangements to be detailed.

Tackling said regional tourist police models could offer lessons, although their organizational structures could not simply be equated with Sint Maarten’s proposal.

Sharp Rebuke of Parliamentary Opposition

Tackling accused a parliamentary critic of finding new reasons to oppose the initiative, despite repeated demands for greater police visibility and crime prevention.

“That is not scrutiny. Scrutiny tests a plan in order to improve it. This tests a plan in order to oppose it,” she said.

The minister acknowledged that she could not immediately produce a new class of fully trained police officers. However, she maintained that additional trained personnel performing a clearly defined preventive role could contribute to public safety.

“St. Martin’s residents and visitors are not served by stagnation,” she said. “They are served by action, and I intend to continue acting.”

Minister says existing permissions cover current activities and disputes claims of a ten-month delay, identifying a six-month procurement setback instead.

PHILIPSBURG:--- Minister of Justice Nathalie Tackling has confirmed that the building permit for Sint Maarten’s new prison has not yet been signed off, and that advice from the Fire Department is still outstanding.

Responding to questions in Parliament, Tackling referred to clarification from the Minister of VROMI and said the project still has the permissions needed for the work currently underway.

Her explanation distinguishes between authorization for ongoing work and the outstanding building permit.

Outstanding Approvals Remain Part of the Project

Tackling said the construction company requires four permits, three of which it has already obtained.

She identified the remaining permit as the hindrance permit and said it is being sought. According to the minister, that permit is not required until the second construction phase.

Separately, she acknowledged that the building permit remains unsigned while awaiting Fire Department advice.

The responses did not identify all three permits already obtained or explain how the building permit relates to the four-permit count. They also did not provide a date for the outstanding Fire Department advice or final building permit approval.

Minister Disputes Ten-Month Delay Claim

Tackling also challenged a parliamentary question suggesting that the prison project had been delayed by ten months.

“The delay was six months, not 10,” she said.

According to the minister, the six-month setback occurred during the procurement process in 2025, when the construction contract had to be retendered.

She described it as an unplanned delay that affected the wider project programme and said its causes and consequences had been consistently communicated since mid-2025.

Procurement Delay and Mobilization Are Different Issues

Tackling said additional time required for contractor mobilization in early 2026 must be treated separately from the procurement setback.

The mobilization period, she explained, remained within the time and contingency allowances built into the programme and therefore did not further extend the overall project timeframe.

She rejected the suggestion that the six-month delay was itself merely a buffer period.

“The six months was a real unplanned delay. The contingency is a separate allowance,” she said.

For a project of this scale, she explained, contingency provides room to absorb foreseeable risks and variations. In this instance, it accommodated the additional mobilization time.

Completion date not Specified in these Responses

Tackling characterized the presentation of a ten-month delay as “disingenuous,” arguing that the revised timeline had been communicated for more than a year.

However, these responses did not specify a completion date or provide a detailed construction schedule against which progress could be assessed.

The minister’s position is that current activities can proceed under existing permissions, while the building permit and hindrance permit remain outstanding.

Minister says vehicle leases would draw from an already stretched operating budget, while confirming provisions for retroactive overtime and other payments to justice workers.

PHILIPSBURG:--- Minister of Justice Nathalie Tackling warned that leasing vehicles cannot resolve her ministry’s underlying funding needs, even as the government considers keeping critical services mobile.

Responding to MP Ardwell Irion, Tackling said the Ministry of Justice has requested 4.47 million in the 2027 capital budget.

She emphasized that construction of the new prison and the separate project referred to in the transcript as “Asakura” are excluded from that amount.

According to the minister, the largest justice projects therefore do not depend on the ministry’s requested capital allocation.

Capital Funding Uncertainty Could Delay Investments

Tackling said investments financed through borrowing must fit within the applicable interest burden limit.

If capital funding is unavailable, the ministry would have to examine which investments could lawfully be covered through its operating budget and which would need to be postponed.

She acknowledged that the specific risk had not yet been formally discussed with Finance Minister Marinka Gumbs.

However, Tackling said the Finance Minister would address the capital expenditure questions herself when appearing before Parliament, given her direct discussions with the Committee for Financial Supervision, CFT.

Leasing Shifts the Cost

Tackling confirmed that vehicle leasing is an option and said arrangements were already being pursued for the Court of Guardianship.

But she cautioned that leasing transfers expenditure to the operating budget rather than creating additional resources.

“A lease is paid from the operational budget, which for us in justice is already stretched,” she said.

Every guilder committed to a lease would consequently be unavailable for another operational need.

“Leasing is a practical bridge, but it’s not a solution for us within the Ministry,” Tackling said.

She explained that leases could maintain mobility for officers and social workers in the short term, while requiring the ministry to prioritize its most critical vehicle needs.

Court of Guardianship Vehicle Request with Finance

Responding to MP Sjamira Roseburg, Tackling said funds had been made available for the Court of Guardianship to lease vehicles from October through December 2026.

The request was with the Ministry of Finance for processing.

She said the 2027 budget would provide for continued leasing, if necessary, once approved, and includes an allocation of 162,000 to purchase vehicles for the department.

These provisions represent planned funding and processing arrangements; the responses did not confirm that the vehicles had already been delivered.

Workers should not buy essential supplies

Tackling said justice departments are responsible for supplying the materials and equipment employees need to perform their duties.

The proposed 2027 budget is intended to cover those needs, based on departmental estimates and experience with previous budgets.

Where workers have already purchased necessary supplies themselves, reimbursement requests would be assessed individually. Relevant considerations include the necessity of the purchase, applicable employment rules, prior authorization, and supporting receipts.

The minister distinguished those cases from personal preferences, such as an officer purchasing a different holster despite being provided with standard equipment.

Such discretionary replacements, she said, would not qualify for reimbursement merely because the employee preferred another product.

Retroactive Overtime and PKET Budgeted

Responding to MP Lyndon Lewis, Tackling confirmed that retroactive overtime and PKET payments are budgeted.

She identified budget post 41027 for retroactive overtime and post 41003 for PKET.

She also said workers who resigned before January 1, 2023, fall within phase two of the process being discussed.

The minister did not provide payment dates in these responses.

Overtime Rates Depend on Rank and Duty Period

Tackling explained that police overtime is generally paid as a fixed amount for each full hour worked, with rates determined by rank and when the work occurs.

For an agent, she cited 27 guilders per hour on weekdays and Saturdays, 35 guilders on Sundays, public holidays, or rest days, and 43 guilders during calamities or extraordinary circumstances.

She said inspectors and chief inspectors are treated differently, normally receiving compensatory time, with payment possible at their request under the applicable rules.

Additional allowances may apply, including a night allowance of four guilders per hour between 8:00 p.m. and 6:00 a.m., and a standby allowance of 150 guilders per day.

Overtime, she emphasized, must be ordered by or on behalf of the police chief.

Justice Minister says more English instruction is being explored, while police drones are already in use and legislative work to authorize police tasers has not started.

PHILIPSBURG:---  Minister of Justice Nathalie Tackling has acknowledged that Dutch-language requirements can prevent otherwise suitable candidates from entering police training, but said changes must preserve officers’ ability to understand and apply the law.

Responding to MP Veronica Jansen-Webster, Tackling said discussions are continuing with KPSM and the Netherlands Police Academy about making more instruction available in English.

“English is essential for effective policing and communication with our community,” she said.

English Instruction Requires Supporting Materials

According to Tackling, the Police Academy has expressed willingness to explore whether parts of its education and training can be delivered in English.

However, she said Dutch remains important within the justice system and officers must be able to work effectively within that framework.

Changes would therefore require reliable English translations of relevant legislation, appropriate training materials and targeted Dutch-language instruction.

The minister did not announce an agreement, implementation date or an English-language training programme ready for use.

She described the discussions as ongoing, aiming to remove unnecessary recruitment barriers while maintaining professional and legal standards.

Drones Already Used in Police Operations

Tackling said police drones are already being used legally in operations.

She explained that the proposed camera surveillance ordinance is intended to cover fixed and mobile cameras, including drones temporarily deployed to monitor public spaces or incidents.

According to the minister, existing public-order responsibilities can permit drone use before that legislation is completed, provided the deployment falls within those responsibilities.

She stressed that surveillance must be necessary and proportionate, with safeguards for privacy and the handling of recorded images.

Police Taser Amendment Has Not Begun

Tackling drew a distinction between pepper spray and tasers.

She said pepper spray is already permitted under the existing police instructions, whereas tasers would require an amendment before officers could use them.

“That work for tasers specifically has not yet started,” she said.

The ministry has begun exploring the possibility of tasers, including potential purchasing options for a pilot programme. Those preliminary inquiries do not constitute completed legal authorization for operational use.

On civilian access to pepper spray or tasers, Tackling said existing weapons legislation provides a framework for individual authorization applications. She emphasized that submitting an application does not create a right to approval and that each case must be assessed under the applicable strict requirements.

Police Need Marked Vehicles

Addressing suggestions that government rent vehicles to tackle crime, Tackling said the force already has civilian vehicles.

The shortage, she explained, concerns marked police vehicles equipped with sirens.

She said pursuits, stop orders and movements through traffic cannot safely be carried out in ordinary rental vehicles, while rental insurance may also restrict such use.

Vehicles are nevertheless rented when needed for major events or hurricane-season operations, she added.

Available Officers Must Remain on the Streets

Tackling also rejected proposals to station regular patrol officers at the building referenced in the questions, saying current staffing does not permit it.

“They have to be on the streets and not in a building,” she said.

She reported that patrols and controls are being strengthened with additional assistance from the Marines and Royal Netherlands Marechaussee.

Separately, she said discussions involving Justice, ECYS and the Marines had not secured the structural support requested for military-style training. The constraint, she explained, concerns the Marines’ capacity and availability.

Private Contributions Can Support Justice

Tackling said businesses and individuals interested in contributing can contact her or her cabinet in writing, or approach KPSM directly.

She also identified the Crime Fund as a potential route for contributions, citing its provision for private donations.

Such contributions, she said, must serve the fund’s purposes and be accounted for alongside its other income.