The government has issued a legal notice giving detention officers the authority to regularly carry pepper spray cannisters as part of their uniform.

The order was issued by National Security Minister Byron Camilleri through an amendment to a clause in the Arms Act.  

When asked why this amendment was issued, a spokeswoman for the minister said nothing specific had happened which spurred the extra precaution.

“The authority to carry pepper spray will allow detention officers to be better equipped in case an incident arises and to control the situation until reinforcements arrive on scene,” she said.

She said no major incidents had been reported recently at detention centres except for the protest which took place at Lyster Barracks, Hal Far, on April 16, following the riot at the Safi Barracks in December 2019 when a police officer was injured and part of the centre was set ablaze.

Nothing specific had happened which spurred the extra precaution

The spokeswoman noted that people kept at detention centres were not necessarily migrants who arrived in Malta irregularly by boat but also all individuals whom the Principal Immigration Officer declares as prohibited immigrants. 

According to law, members of the Armed Forces of Malta, the Malta Police Force and the Malta Prison Service may carry a firearm for use while on duty.

As a result, none of them shall be  guilty  of  an offence if they are in possession of a weapon or ammunition in the course of their duties, and when such weapon or ammunition belongs to the government.

Neither are employees of dealers, gunsmiths or museums required to  be  licensed  for  the purpose of possession, exhibiting, storing, repairing, restoring  or  maintaining  specified  arms,  firearms  or ammunition  while  on  the  licensed,  permitted  premises. A general licence is sufficient.

Through Legal Notice 201 of 2020, the new law now includes a clause about detention officers being allowed to have pepper spray on them.

“The Detention Service may acquire pepper-spray, pepper-spray launchers and similar equipment designed to spray pepper. No member of the Detention Service shall be guilty of an offence against this Act if in possession of such equipment in the course of his duties and such equipment belongs to the government,” the legal notice says.

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