Minister Tackling Delivers Sweeping Update on Justice Sector Reforms

GREAT BAY--Minister of Justice Nathalie Tackling on Wednesday provided detailed updates on several matters affecting justice workers and the wider community, outlining progress on the LB (landsbesluit) placement process, detention sector reform, legal support for persons under involuntary mental health admission, and key outcomes from the recent Judicial Four Party Consultation (JWO), which St. Maarten hosted last week.

Tackling said her ministry’s 2026 direction is focused on strengthening systems, improving delivery across the justice sector, and ensuring transparency in processes that directly affect personnel and public safety. She structured her remarks around four main topics: the LB process and related justice worker matters, the new Point Blanche prison project, a memorandum of understanding supporting legal aid for involuntary mental health admissions, and outcomes from the JWO.

LB process and justice worker matters

Tackling said the Ministry of Justice issued a public update last week stating that the LB process was “complete,” and she clarified what that meant from the ministry’s standpoint. She explained that all originally established batches under Phase One of the LB process were fully compiled and validated in December 2025, in line with the ministry’s commitment to complete that work by the end of last year.

She emphasized that the LB process contains multiple mandatory steps, and not all of them fall under the Ministry of Justice. The ministry’s role, she said, is the accurate compilation of each employee’s employment file, including appointments, promotions, function changes, and historical decisions. She noted that many records go back years and required manual cross-checking across multiple legacy HR systems, making the work detailed and time-consuming.

Once files are compiled and validated, Tackling said, they move through a formal approval chain that includes internal processing, review by the Ministry of Finance on financial components, and then final submission to the Governor for approval. She described each file as a verified employment history intended to ensure accuracy, fairness, and legal certainty for the individual employee.

Tackling also said justice workers are involved earlier in the current process before files are advanced through the chain, an approach aimed at reducing objections by allowing individuals to review and raise concerns before placement letters are finalized.

Continues below..

Batch 18, identification gaps and function book corrections

Tackling reported that an internal review conducted by the ministry and her cabinet in December 2025 identified a small number of outstanding cases that had not been addressed as previously reported. She said this group has been categorized as “Batch 18,” and is made up of fewer than 20 individuals.

She said the outstanding cases stem from two main causes: files that were not fully identified or followed up on in earlier phases, and function book issues that are more significant in terms of placement decisions. Tackling explained that the review found that certain functions existing in practice were removed from the function book, while others were assigned skill levels that do not reflect actual duties. Because placement decisions must be based on a formally correct function book, she said these discrepancies must be corrected before placements can be finalized.

Minister Tackling stated that the issues came to light on December 17, 2025, and that the Ministry of Justice has enlisted the support of Personnel and Organization Central (PO Central) under the Ministry of General Affairs to address the function book corrections in a structured and lawful manner. She added that HR departments across the ministry are reviewing the affected files, a process expected to take several weeks, and that amendments to incorrectly listed scales will also be required.

Objections committee reactivated

The Minister also said the ministry has reactivated a formal objections committee to handle objections filed in prior years that were not adequately processed or were not processed at all. She said the committee has been active since summer 2025 and has spent the past six months meeting with individuals and issuing recommendations to the ministry, with that work continuing.

Status of batches and outstanding payments

Additionally, Minister Tackling said all Phase One batches, totaling 17, have been compiled and validated and are moving through the approval chain. She confirmed that Batches 14 and 15 have already been distributed to justice workers. Batch 16, she said, is currently with the Governor for final approval, while Batch 17 was signed off by the Ministry of Finance on Monday and was expected to be forwarded to the Governor.

She also provided an update on jubilee payments, stating that 69 justice sector workers are in the process of receiving jubilee payments. She said the payments have been approved and signed off by the Ministry of Justice, with some already signed by the Governor and others still awaiting the Governor’s signature. She noted that the timing of actual payouts is controlled by the Ministry of Finance.

Tackling said her ministry also ensured the correction of the KPSM on-call allowance, commonly referred to as “picket,” following the change in legal position that took effect at the end of 2023. She stated that the allowance increased from 75 guilders to 150 guilders, requiring retroactive corrections that had not been calculated or paid in 2024. She said the ministry ensured the calculations were completed and that more than 30 KPSM staff received the difference in time for Christmas 2025.

In addition, Tackling said the ministry is working on corrected overtime calculations for personnel falling under specific justice sector provisions, including KPSM and parts of immigration, and that a third party was engaged to support the calculations. She said those recalculations are ongoing across departments.

Coast Guard updates

The Minister highlighted the Coast Guard, noting that while it is a Kingdom institution, Coast Guard employees are civil servants of the Country of St. Maarten. She reported that a new Coast Guard function book has been adopted, allowing for an expansion in staffing. She said this includes an additional 20 full-time equivalents for St. Maarten.

She also stated that issues involving scale indexation were signed off in December 2024, requiring corrections to Coast Guard placements, including cases where some personnel had never received an LB despite service dating back to 2017 and 2018. Tackling said that process has been completed and that she visited on January 8 to address long-standing concerns and ensure Coast Guard staff can be compensated according to the corrected indexation and scale adjustments.

Phase Two of the LB process and legal technical repair

Turning to Phase Two of the LB process, Tackling said the ministry is ready to move forward now that Phase One file compilation has been completed. She explained that Phase Two concerns retroactive matters prior to January 1, 2023, but progress depended on correcting a legal technical error related to how the relevant law was published.

She stated that the ministry is not introducing new functions or policy, but restoring the correct legal foundation by withdrawing the version of the law that was published and re-adopting it with a corrected entry-into-force article. She said this approach follows advice previously given by the Council of Advice, and is intended to safeguard legal certainty for justice personnel by ensuring positions, salary scales, and organizational placements rest on a sound legal basis, reflecting operational realities that existed since 2010 and 2021 for various services.

Tackling said the legal repair required complex drafting and coordination involving multiple parties, including her cabinet, the Cabinet of the Governor, and the Ministry of Finance. She reported that the Council of Ministers approved the corrective measure on Tuesday, and that it will be sent by the Prime Minister to the Governor for signature. She stated the measure does not require parliamentary handling.

Clarification on insurance coverage for justice workers

Tackling also addressed concerns and misinformation regarding insurance for justice workers. She said the legal protection for police officers is established in law, referencing Article 114 of the police provisions, and that the government remains legally obligated to provide compensation if an officer is injured or dies while lawfully performing duties. She stressed that this obligation applies regardless of whether an insurance policy is in place, and that insurance is a tool used by government to manage financial risk, not the source of the worker’s rights.

She outlined that the lapse in insurance coverage occurred during a period when policy, legislation, and financing were being aligned. She said that in October 2022, the Council of Ministers decided to limit coverage to frontline high-risk functions, with government carrying the cost. In 2023, while a tender was being prepared, the ministry determined the policy decision was not fully aligned with the draft package under negotiation, and the tender could not proceed until there was a formal agreement with unions. She said that agreement was reached in the third quarter of 2023, after the prior policy had already expired.

In 2024, Tackling said the ministry inventoried frontline personnel and explored financing options, including use of the Crime Fund. She said the Ministry of Finance at the time denied the request to use the Crime Fund for insurance, requiring a budgetary reservation process that took additional time, including back-and-forth at the level of the Governor.

She stated the ministry’s focus is now on securing coverage for 2026, with a renewed tender process underway. She said defining “frontline” is being handled carefully, and wearing a uniform does not automatically qualify a person as frontline, as the intent is to insure those in high-risk roles. She noted that while the police provisions apply to certain justice functions such as police, national detectives, and part of border control, the ministry also sees value in coverage for other high-risk personnel, including prison workers and other staff exposed to elevated risk. She said the ministry is working with the Ministry of Finance and is receiving support from SOAB in the tender process, with the goal of insuring frontline at-risk justice workers for 2026.

New Point Blanche prison, project details and timeline

Minister Tackling said the groundbreaking of the new Point Blanche prison last week marked a milestone in detention sector reform. She described it as a US$52 million joint investment by the Government of St. Maarten and the Netherlands, and said the project goes beyond infrastructure, tying it to safety, dignity, rehabilitation, and confidence in the justice system.

She said the new facility will more than double detention capacity and include healthcare services, mental health support, family visitation areas, and spaces for vocational training. Tackling emphasized that reform is not limited to construction, and said training, rehabilitation programming, education, and reintegration initiatives remain central, noting that she was scheduled to attend a full-day workshop on prison education with stakeholders.

From a technical standpoint, she said the facility is designed to withstand Category 5 hurricanes and seismic activity and is being built for long-term resilience, with an expected lifespan of about 50 years. She said construction is expected to take approximately three years, with Phase One targeted for completion by June 2027 and Phase Two in 2028. She added that UNOPS will remain on the island through the defects liability period, through 2029, to ensure the facility functions properly.

Tackling also said the project is expected to employ more than 100 workers daily during construction and will involve local suppliers and subcontractors, contributing to economic activity and skills development.

Continues below...

MOU to support legal aid for involuntary mental health admissions

Tackling reported that the Ministry of Justice and the Ministry of VSA signed a memorandum of understanding to strengthen legal support for persons placed under involuntary mental health admission. She said the agreement addresses a gap in the current framework and follows a parliamentary motion, which she attributed to MP Roseburg, calling for stronger legal safeguards.

She explained that legislative amendments are being pursued to modernize protections in this area, but that the MOU creates an interim arrangement between ministries to ensure legal support while the legislative trajectory continues. Tackling said the arrangement includes a shared cost approach and is intended to ensure that persons who are unable to protect their own rights during involuntary admission have access to representation, similar to how legal representation is provided in criminal cases.

Judicial Four Party Consultation outcomes and next meeting

She again highlighted the JWO which was held in St. Maarten from January 14 to January 16, 2026, in a revised format that included a dedicated strategic session, adding a third day. She said this allowed ministers to reflect and engage in deeper dialogue on shared priorities across the Kingdom.

She listed key discussion areas, including detention reform, law enforcement, border management, youth crime prevention, data sharing, and combating organized and undermining crime. Among the outcomes, she cited approval of the Judicial Policy Plan for the Caribbean Coast Guard, renewal of the Task Force on Detention with an updated mandate, adoption of the Joint Investigation Cooperation Plan, the RST budget framework, and endorsement of a regional framework to combat organized crime. She also said ministers supported a six-pillar youth crime prevention plan focused on early intervention and rehabilitation, and endorsed continuing the strategic sessions in future JWO meetings.

She stated Curaçao will host the next JWO from September 1 to 3, 2026.

2026 priorities

Looking ahead, Minister Tackling said the Ministry of Justice priorities for 2026 include continued implementation of ASYCUDA to strengthen customs operations, advancing the next phases of detention sector reform, further rollout of a new immigration system to improve efficiency and oversight, and moving forward with Phase Two of the LB process.

She added that public safety remains the ministry’s top priority and said there will be increased emphasis on prevention through more strategic use of the Crime Fund, working with community organizations already delivering impact and supporting them to expand their reach and effectiveness.

Minister Tackling said the ministry’s approach in 2026 will remain deliberate and responsible, focused on strengthening institutions, supporting justice workers, and maintaining transparency as reforms continue.

‍