Police (Northern Ireland) Bill

House of Commons

Session 1997-98
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Police (Northern Ireland) Bill

EXPLANATORY AND FINANCIAL MEMORANDUM

The Bill will give effect in Northern Ireland to certain proposals for police reform which were set out in the Labour Party consultation paper "Policing in Northern Ireland - A Service for all People". The Bill also consolidates Northern Ireland policing legislation and provides for a Police Ombudsman to replace the Independent Commission for Police Complaints.

PART I

THE POLICE AUTHORITY FOR NORTHERN IRELAND

This part sets out the framework for the Police Authority for Northern Ireland.

Clause 1 provides for the continuance of the Police Authority for Northern Ireland.

Schedule 1 makes provision about the appointment of members to the Police Authority, and for the appointment of the Chairman, Chairman and members' tenure of office, and eligibility for appointment and allowances.

Clause 2 provides for the continuance of the Police Force and establishes the Northern Ireland Police Service. The Clause also requires the Police Authority for Northern Ireland to maintain an efficient and effective police service, and, in the discharge of its functions, to have regard to any objectives determined by the Secretary of State, any objectives determined by the Authority, the annual policing plan issued by the Authority, and any code of practice issued by the Secretary of State.

Clause 3 provides for the delegation of management functions in respect of civilian employees of the Police Authority, from the Authority to the Chief Constable. It also makes provision for the delegation to the Chief Constable of the management of civil servants seconded to the Police Authority.

Clause 4 provides a regulation making power through which the Secretary of State may transfer civil servants seconded to the Police Authority to the employ of the Authority.

Clause 5 provides for the functions of the Police Authority under this section (the provision and maintenance of buildings and equipment) to be delegated to the Chief Constable, except in cases where the Secretary of State directs that such delegation shall not be exercised.

Clause 6 makes provision for the Police Authority to acquire and dispose of land, including compulsory acquisition.

Clause 7 places a duty upon the Police Authority to make arrangements to obtain the views of the community on policing, obtaining and inserts a provision requiring the Police Authority to consult with district councils in Northern Ireland, and, where councils make arrangements to facilitate this, appear before the council to answer questions from council members when so requested.

Clause 8 enables the Police Authority, subject to the consent of the Secretary of State, to provide advice and assistance to international organisations or bodies outside the UK engaged in policing. The Authority can arrange for RUC officers to serve with such organisations or bodies.

Clause 9 makes provision for the payment of grant for police purposes to the Police Authority and a grant for the general administrative purposes of the Authority.

Clause 10 makes arrangements relating to the estimates and accounts of the Police Authority, and inserts a new provision requiring the Authority to place any grant paid to the Authority for police purposes to be put at the disposal of the Chief Constable.

Clause 11 allows the Chief Constable to charge for special police services.

Clause 12 requires the Police Authority to keep accounts of all monies paid over to it, and makes provision for the auditing of Police Authority accounts.

Clause 13 makes provision for the payment of rewards for meritorious conduct to either members of the Royal Ulster Constabulary or civilian staff under the direction and control of the Chief Constable by the Police Authority.

PART II

POLICING OBJECTIVES, PERFORMANCE TARGETS AND PLANS

This part sets out the framework for police accountability to the community by means of the mechanism of policing plans and objective setting.

Clause 14 enables the Secretary of State to set objectives for policing, and associated performance indicators for measuring achievement of those objectives.

Clause 15 requires the Police Authority to set policing objectives annually. It also requires the Authority to set performance targets related to objectives.

Clause 16 requires the Chief Constable to issue a strategic policing plan covering a period of between 3 and 5 years. It requires him to publish the plan.

Clause 17 requires the Police Authority to issue a policing plan annually. The Authority is required to publish the plan.

PART III

THE POLICE FORCE

This part makes provision about members of the Royal Ulster Constabulary.

Clause 18 sets out the duties of members of the Royal Ulster Constabulary.

Clause 19 provides for the Chief Constable to have direction and control of the police force.

Clause 20 provides for the designation of a senior officer as deputy to the Chief Constable to exercise the functions of the Chief Constable during his absence or incapacity.

Clause 21 provides for the appointment and removal by the Police Authority of the Chief Constable of the Royal Ulster Constabulary subject to Secretary of State approval. It also makes provision for the appointment and removal by the Police Authority of the other senior officers of the Royal Ulster Constabulary.

Clause 22 makes provision for the appointment and promotion of other members of the Royal Ulster Constabulary to be made by the Chief Constable.

Clause 23 makes provision for the Chief Constable to appoint reserve constables.

Clause 24 provides for the attestation of constables of the Royal Ulster Constabulary.

Schedule 2 sets out the form of the declaration to be made by members of the Royal Ulster Constabulary upon taking up the office of constable.

Clause 25 provides for the Secretary of State to make regulations for the governance and conditions of service of members of the Royal Ulster Constabulary.

Clause 26 provides for the Secretary of State to make regulations for the governance and conditions of service of the Royal Ulster Constabulary Reserve.

Clause 27 makes provision for members of the Royal Ulster Constabulary engaged on service outside the RUC.

Clause 28 provides for the Secretary of State to make regulations to continue to maintain the RUC Fund.

Clause 29 makes the Chief Constable liable in respect of torts committed by members of the Royal Ulster Constabulary in the performance of their functions, and provides for the Police Authority to pay damages arising from such cases and to provide legal representation for the Chief Constable or other members of the Royal Ulster Constabulary.

Clause 30 provides protection from legal action to members of the RUC from actions resulting from irregularities in warrants served by members of the RUC.

Clause 31 provides for the disposal of property coming into the possession of the police.

PART IV

POLICE REPRESENTATIVE INSTITUTIONS

This part sets out the means by which the views of police officers are to be represented.

Clause 32 provides for there to be a Police Association for Northern Ireland.

Clause 33 provides for the making of regulations by the Secretary of State for the governance of the Police Association for Northern Ireland.

Clause 34 amends the Police Act 1996 in relation to the operation of the Police Negotiating Board.

Clause 35 contains provisions preventing police officers from belonging to Trade Unions.

PART V

FUNCTIONS OF THE SECRETARY OF STATE

This part sets out the powers and duties of the Secretary of State under the Act.

Clause 36 sets out the general duties of the Secretary of State.

Clause 37 provides for the Secretary of State to produce a statement of policing principles relating to the policing of Northern Ireland.

Clause 38 makes provision for the issue by the Secretary of State of codes of practice to the Police Authority relating to any of its functions.

Clause 39 makes provision for the issue of general guidance to members of the police force in relation to their functions by the Secretary of State.

Clause 40 provides for the making of regulations by the Secretary of State requiring the police to use specified facilities, equipment or services. The provision places a duty upon the Secretary of State to consult the Police Authority and the Chief Constable before making such regulations.

Clause 41 makes provision for the appointment, by the Secretary of State, of Inspectors of Constabulary, and makes arrangements for the carrying out by them of inspections and other duties.

Clause 42 provides for the publication by the Secretary of State of reports made to him by Inspectors of Constabulary.

Clause 43 requires the Chief Constable to submit statistics on the state of crime in Northern Ireland and related matters to the Secretary of State, and makes provision for the publication of this information.

Clause 44 makes provision for the Secretary of State to cause inquiries into matters related to policing, and sets out arrangements for the publication of the findings of such inquiries.

Clause 45 provides for the setting up by the Secretary of State of bodies to research matters related to, or furnish advice on, policing.

Clause 46 provides the Secretary of State with a general power to contribute to organisations or facilities, or make other payments, where this is in the interests of efficient and effective policing.

PART VI

REPORTS

This part sets out the duties to produce reports laid upon the Police Authority and Chief Constable.

Clause 47 requires the Police Authority to produce an annual report on the policing of Northern Ireland, and to produce ad hoc reports dealing with the discharge of its functions whenever so required by the Secretary of State.

Clause 48 requires the Chief Constable to produce an annual report, and makes provision for the production of ad hoc reports by the Chief Constable when required to do so by the Police Authority.

Clause 49 requires the Chief Constable to produce ad hoc reports on the policing of Northern Ireland whenever so required by the Secretary of State.

PART VII

POLICE COMPLAINTS

This part makes provision for a Police Ombudsman to replace the Independent Commission for Police Complaints.

Clause 50 deals with the interpretation of certain expressions in this Part.

Clause 51 provides for the office of Police Ombudsman for Northern Ireland, under terms set out in Schedule 3, as a corporation sole. It abolishes the Independent Commission for Police Complaints.

Clause 52 states that all complaints about the police force should be made to the Ombudsman, or if made to the police, Police Authority or Secretary of State, should be referred by them to the Ombudsman. The Ombudsman is required to record the complaint and to determine whether it is a complaint about the conduct of a member of the force. Where it is not, the Ombudsman is required to refer the case to the Secretary of State, Police Authority or police, as appropriate, and to notify the complainant. Where it is, and it is not about the direction and control of the force, the Article requires the Chief Constable to preserve evidence in relation to the complaint.

The remaining Clauses of this Part govern the treatment of complaints about conduct.

Clause 53 requires the Ombudsman to consider informal resolution of complaints, provided the complainant consents to this and the complaint is not a "serious" one. If informal resolution is impossible or not suitable the Article provides for the complaint to be formally investigated. No statement made during informal resolution is admissible in any subsequent criminal, civil or disciplinary proceedings.

Clause 54 provides for formal investigations which must be by the Ombudsman in serious cases.

Clause 55 makes provision for non-complaint cases to be referred to the Ombudsman by the Secretary of State, Police Authority or Chief Constable. It also provides the Ombudsman with an own motion power to investigate cases where a criminal or disciplinary offence may have been committed if this appears to the Ombudsman to be desirable in the public interest.

Clause 56 covers the arrangements where a complaint or other matter is to be formally investigated by the Ombudsman. It provides for him to appoint an officer of the Ombudsman, who will have the powers and privileges of a constable, and the Secretary of State may provide that the provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 apply to the investigation.

Clause 57 provides for investigations by the Chief Constable, which may be under the supervision of the Ombudsman. It requires the Chief Constable to appoint a police officer and gives the Ombudsman the power to approve the person whom the Chief Constable proposes to appoint or, if an appointment has already been made, to ask the Chief Constable to select another officer. Reports on investigations under this Article shall be submitted to the Ombudsman.

Clause 58 requires the Ombudsman to determine whether a report of an investigation indicates a criminal offence and, if so, to send it to the Department of Public Prosecutions.

Clause 59 provides for the Ombudsman to consider disciplinary aspects of cases and to make a recommendation to the relevant disciplinary authority. The Ombudsman may in certain circumstances direct the Chief Constable to bring disciplinary charges.

Clause 60 provides that the Ombudsman may, with the approval of the Secretary of State, enter into an agreement with an authority maintaining any body of constables to establish procedures corresponding or similar to those in this Part. Such agreements can be varied or terminated.

Clause 61 sets out the duties laid upon the Ombudsman to produce a report, at the request of the Secretary of State, on any matter which the Ombudsman considers should be drawn to the Secretary of State's attention because of its gravity or exceptional circumstances, annually on his functions; and at least once every 5 years on the working of this Part. All reports must be published.

Clause 62 - the Ombudsman may publish statements about his actions, decision and determinations and the reasons for these.

Clause 63 places restrictions on disclosure of information by the Ombudsman and any officer of the Ombudsman.

Clause 64 empowers the Secretary of State to make regulations on a wide range of aspects covered under this Part.

Clause 65 empowers the Secretary of State to issue guidance to the Police Authority, police officers and the Ombudsman. Regard must be had to such guidance.

Schedule 3 - in addition to covering the appointment of the Ombudsman, also governs terms and conditions of staff, assistance by members of the police force, finance, and transitional arrangements.

PART VIII

MISCELLANEOUS AND GENERAL

This part sets out certain offences under the Bill.

Clause 66 sets out the offence of assaulting or obstructing a constable.

Clause 67 makes it an offence to impersonate a police officer.

Clause 68 makes causing disaffection within the police force an offence.

Clause 69 makes it an offence to obtain a pension or gratuity by self-inflicted injury.

Clause 70 sets out the terms and conditions under which the Police Authority may employ traffic wardens, and how complaints against them are to be dealt with.

Clause 71 provides for expenses incurred by the Secretary of State to be met by money provided by Parliament.

Clause 72 provides for orders and regulations under the Bill.

Clause 73 deals with the interpretation of certain expressions in this Bill.

Clause 74 and Schedules 4, 5 and 6 provide for the amendment or repeal of a number of enactments relating to the police, and amendments consequential to the provisions of this Bill.

Clause 75 provides for the Act to come into operation on a day directed by the Secretary of State.

Clause 76 sets out the extent of this Bill.

Clause 77 sets out the title of this Act.

Financial Effects of the Bill

Parts I to VI

Present expenditure on policing in Northern Ireland is currently in excess of £600 million annually. It is intended that the clarification of roles and responsibilities and the coming together of all support services under the direction and control of the Chief Constable as provided for under this Bill will have a direct effect on reducing expenditure on policing.

Of the £600 million currently provided some £40 million is expended by the Police Authority for Northern Ireland and the RUC on the direct provision of support services for policing.

Current practices and procedures lead to bureaucracy and duplication and the intention is that these structural inefficiencies be removed and replaced with a streamlined and more effective support service for policing. In the first instance there are likely to be some conversion costs and savings may not be immediately realisable. However it is expected that over time there will be reductions in running costs though it is not possible to quantify these now.

PART VII

The Independent Commission for Police Complaints budget is £850K and Complaints and Discipline Department gross costs are in the region of £6,000K. The effects on those budgets of the changes proposed in the bill are still uncertain. It is anticipated that there will be some start up costs, for example on staff, on training and the accommodation required, but that in the medium term there may be some savings in Complaints and Discipline Department.

The provisions of the bill should reduce duplication and therefore lead to cases being dealt with more efficiently and economically. There should also be an increase in the use of the speedier and more "complainant friendly" informal resolution procedures. This, however, might be offset by an increase in the number of complaints received. Furthermore the requirement for the Ombudsman to investigate criminal aspects of cases will lead to increased expense for the Ombudsman, but these cases are being handled under the current system and the overall cost should not increase. The Ombudsman will have much greater research and reporting responsibilities than the ICPC and these will have associated costs.

Effects on Public Sector Manpower

PARTS I TO VI

The unification of support services into a single management structure under the direction and control of the Chief Constable will eventually lead to a reduction of the overall numbers of staff engaged in the provision of support services. There will also be some change in the balance between overall civilian and police numbers. Where it is appropriate to do so professional and specialist staff will be employed for specific duties.

Civilian staff presently employed by the civil service but seconded to the Police Authority may at some future date be transferred to the employment of the Police Authority and therefore no longer be central government employees.

PART VII

The proposals shift responsibility for investigating complaints from Complaints and Discipline Department of the police to the new Police Ombudsman. It is anticipated that the Independent Commission for Police Complaints staff will be transferred to the new body and that the body will need to recruit other staff, principally investigators, who will be civilians and a number of temporary service police officers.

The current membership arrangements of the ICPC will be removed and a single, full time, Ombudsman appointed. The functions of the members will become the responsibility of staff. In the transitional period the staff in Complaints and Discipline will not be affected greatly, thereafter there should be a significant reduction in the complement.

© Parliamentary copyright 1997
Prepared 5 December 1997

Police (Northern Ireland) Bill

	EXPLANATORY AND FINANCIAL MEMORANDUM
	The Bill will give effect in Northern Ireland to certain proposals for police reform which were set out in the Labour Party consultation paper "Policing in Northern Ireland - A Service for all People". The Bill also consolidates Northern Ireland policing legislation and provides for a Police Ombudsman to replace the Independent Commission for Police Complaints.
	PART I
	THE POLICE AUTHORITY FOR NORTHERN IRELAND
	This part sets out the framework for the Police Authority for Northern Ireland.
	Clause 1 provides for the continuance of the Police Authority for Northern Ireland.
	Schedule 1 makes provision about the appointment of members to the Police Authority, and for the appointment of the Chairman, Chairman and members' tenure of office, and eligibility for appointment and allowances.
	Clause 2 provides for the continuance of the Police Force and establishes the Northern Ireland Police Service. The Clause also requires the Police Authority for Northern Ireland to maintain an efficient and effective police service, and, in the discharge of its functions, to have regard to any objectives determined by the Secretary of State, any objectives determined by the Authority, the annual policing plan issued by the Authority, and any code of practice issued by the Secretary of State.
	Clause 3 provides for the delegation of management functions in respect of civilian employees of the Police Authority, from the Authority to the Chief Constable. It also makes provision for the delegation to the Chief Constable of the management of civil servants seconded to the Police Authority.
	Clause 4 provides a regulation making power through which the Secretary of State may transfer civil servants seconded to the Police Authority to the employ of the Authority.
	Clause 5 provides for the functions of the Police Authority under this section (the provision and maintenance of buildings and equipment) to be delegated to the Chief Constable, except in cases where the Secretary of State directs that such delegation shall not be exercised.
	Clause 6 makes provision for the Police Authority to acquire and dispose of land, including compulsory acquisition.
	Clause 7 places a duty upon the Police Authority to make arrangements to obtain the views of the community on policing, obtaining and inserts a provision requiring the Police Authority to consult with district councils in Northern Ireland, and, where councils make arrangements to facilitate this, appear before the council to answer questions from council members when so requested.
	Clause 8 enables the Police Authority, subject to the consent of the Secretary of State, to provide advice and assistance to international organisations or bodies outside the UK engaged in policing. The Authority can arrange for RUC officers to serve with such organisations or bodies.
	Clause 9 makes provision for the payment of grant for police purposes to the Police Authority and a grant for the general administrative purposes of the Authority.
	Clause 10 makes arrangements relating to the estimates and accounts of the Police Authority, and inserts a new provision requiring the Authority to place any grant paid to the Authority for police purposes to be put at the disposal of the Chief Constable.
	Clause 11 allows the Chief Constable to charge for special police services.
	Clause 12 requires the Police Authority to keep accounts of all monies paid over to it, and makes provision for the auditing of Police Authority accounts.
	Clause 13 makes provision for the payment of rewards for meritorious conduct to either members of the Royal Ulster Constabulary or civilian staff under the direction and control of the Chief Constable by the Police Authority.
	PART II
	POLICING OBJECTIVES, PERFORMANCE TARGETS AND PLANS
	This part sets out the framework for police accountability to the community by means of the mechanism of policing plans and objective setting.
	Clause 14 enables the Secretary of State to set objectives for policing, and associated performance indicators for measuring achievement of those objectives.
	Clause 15 requires the Police Authority to set policing objectives annually. It also requires the Authority to set performance targets related to objectives.
	Clause 16 requires the Chief Constable to issue a strategic policing plan covering a period of between 3 and 5 years. It requires him to publish the plan.
	Clause 17 requires the Police Authority to issue a policing plan annually. The Authority is required to publish the plan.
	PART III
	THE POLICE FORCE
	This part makes provision about members of the Royal Ulster Constabulary.
	Clause 18 sets out the duties of members of the Royal Ulster Constabulary.
	Clause 19 provides for the Chief Constable to have direction and control of the police force.
	Clause 20 provides for the designation of a senior officer as deputy to the Chief Constable to exercise the functions of the Chief Constable during his absence or incapacity.
	Clause 21 provides for the appointment and removal by the Police Authority of the Chief Constable of the Royal Ulster Constabulary subject to Secretary of State approval. It also makes provision for the appointment and removal by the Police Authority of the other senior officers of the Royal Ulster Constabulary.
	Clause 22 makes provision for the appointment and promotion of other members of the Royal Ulster Constabulary to be made by the Chief Constable.
	Clause 23 makes provision for the Chief Constable to appoint reserve constables.
	Clause 24 provides for the attestation of constables of the Royal Ulster Constabulary.
	Schedule 2 sets out the form of the declaration to be made by members of the Royal Ulster Constabulary upon taking up the office of constable.
	Clause 25 provides for the Secretary of State to make regulations for the governance and conditions of service of members of the Royal Ulster Constabulary.
	Clause 26 provides for the Secretary of State to make regulations for the governance and conditions of service of the Royal Ulster Constabulary Reserve.
	Clause 27 makes provision for members of the Royal Ulster Constabulary engaged on service outside the RUC.
	Clause 28 provides for the Secretary of State to make regulations to continue to maintain the RUC Fund.
	Clause 29 makes the Chief Constable liable in respect of torts committed by members of the Royal Ulster Constabulary in the performance of their functions, and provides for the Police Authority to pay damages arising from such cases and to provide legal representation for the Chief Constable or other members of the Royal Ulster Constabulary.
	Clause 30 provides protection from legal action to members of the RUC from actions resulting from irregularities in warrants served by members of the RUC.
	Clause 31 provides for the disposal of property coming into the possession of the police.
	PART IV
	POLICE REPRESENTATIVE INSTITUTIONS
	This part sets out the means by which the views of police officers are to be represented.
	Clause 32 provides for there to be a Police Association for Northern Ireland.
	Clause 33 provides for the making of regulations by the Secretary of State for the governance of the Police Association for Northern Ireland.
	Clause 34 amends the Police Act 1996 in relation to the operation of the Police Negotiating Board.
	Clause 35 contains provisions preventing police officers from belonging to Trade Unions.
	PART V
	FUNCTIONS OF THE SECRETARY OF STATE
	This part sets out the powers and duties of the Secretary of State under the Act.
	Clause 36 sets out the general duties of the Secretary of State.
	Clause 37 provides for the Secretary of State to produce a statement of policing principles relating to the policing of Northern Ireland.
	Clause 38 makes provision for the issue by the Secretary of State of codes of practice to the Police Authority relating to any of its functions.
	Clause 39 makes provision for the issue of general guidance to members of the police force in relation to their functions by the Secretary of State.
	Clause 40 provides for the making of regulations by the Secretary of State requiring the police to use specified facilities, equipment or services. The provision places a duty upon the Secretary of State to consult the Police Authority and the Chief Constable before making such regulations.
	Clause 41 makes provision for the appointment, by the Secretary of State, of Inspectors of Constabulary, and makes arrangements for the carrying out by them of inspections and other duties.
	Clause 42 provides for the publication by the Secretary of State of reports made to him by Inspectors of Constabulary.
	Clause 43 requires the Chief Constable to submit statistics on the state of crime in Northern Ireland and related matters to the Secretary of State, and makes provision for the publication of this information.
	Clause 44 makes provision for the Secretary of State to cause inquiries into matters related to policing, and sets out arrangements for the publication of the findings of such inquiries.
	Clause 45 provides for the setting up by the Secretary of State of bodies to research matters related to, or furnish advice on, policing.
	Clause 46 provides the Secretary of State with a general power to contribute to organisations or facilities, or make other payments, where this is in the interests of efficient and effective policing.
	PART VI
	REPORTS
	This part sets out the duties to produce reports laid upon the Police Authority and Chief Constable.
	Clause 47 requires the Police Authority to produce an annual report on the policing of Northern Ireland, and to produce ad hoc reports dealing with the discharge of its functions whenever so required by the Secretary of State.
	Clause 48 requires the Chief Constable to produce an annual report, and makes provision for the production of ad hoc reports by the Chief Constable when required to do so by the Police Authority.
	Clause 49 requires the Chief Constable to produce ad hoc reports on the policing of Northern Ireland whenever so required by the Secretary of State.
	PART VII
	POLICE COMPLAINTS
	This part makes provision for a Police Ombudsman to replace the Independent Commission for Police Complaints.
	Clause 50 deals with the interpretation of certain expressions in this Part.
	Clause 51 provides for the office of Police Ombudsman for Northern Ireland, under terms set out in Schedule 3, as a corporation sole. It abolishes the Independent Commission for Police Complaints.
	Clause 52 states that all complaints about the police force should be made to the Ombudsman, or if made to the police, Police Authority or Secretary of State, should be referred by them to the Ombudsman. The Ombudsman is required to record the complaint and to determine whether it is a complaint about the conduct of a member of the force. Where it is not, the Ombudsman is required to refer the case to the Secretary of State, Police Authority or police, as appropriate, and to notify the complainant. Where it is, and it is not about the direction and control of the force, the Article requires the Chief Constable to preserve evidence in relation to the complaint.
	The remaining Clauses of this Part govern the treatment of complaints about conduct.
	Clause 53 requires the Ombudsman to consider informal resolution of complaints, provided the complainant consents to this and the complaint is not a "serious" one. If informal resolution is impossible or not suitable the Article provides for the complaint to be formally investigated. No statement made during informal resolution is admissible in any subsequent criminal, civil or disciplinary proceedings.
	Clause 54 provides for formal investigations which must be by the Ombudsman in serious cases.
	Clause 55 makes provision for non-complaint cases to be referred to the Ombudsman by the Secretary of State, Police Authority or Chief Constable. It also provides the Ombudsman with an own motion power to investigate cases where a criminal or disciplinary offence may have been committed if this appears to the Ombudsman to be desirable in the public interest.
	Clause 56 covers the arrangements where a complaint or other matter is to be formally investigated by the Ombudsman. It provides for him to appoint an officer of the Ombudsman, who will have the powers and privileges of a constable, and the Secretary of State may provide that the provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 apply to the investigation.
	Clause 57 provides for investigations by the Chief Constable, which may be under the supervision of the Ombudsman. It requires the Chief Constable to appoint a police officer and gives the Ombudsman the power to approve the person whom the Chief Constable proposes to appoint or, if an appointment has already been made, to ask the Chief Constable to select another officer. Reports on investigations under this Article shall be submitted to the Ombudsman.
	Clause 58 requires the Ombudsman to determine whether a report of an investigation indicates a criminal offence and, if so, to send it to the Department of Public Prosecutions.
	Clause 59 provides for the Ombudsman to consider disciplinary aspects of cases and to make a recommendation to the relevant disciplinary authority. The Ombudsman may in certain circumstances direct the Chief Constable to bring disciplinary charges.
	Clause 60 provides that the Ombudsman may, with the approval of the Secretary of State, enter into an agreement with an authority maintaining any body of constables to establish procedures corresponding or similar to those in this Part. Such agreements can be varied or terminated.
	Clause 61 sets out the duties laid upon the Ombudsman to produce a report, at the request of the Secretary of State, on any matter which the Ombudsman considers should be drawn to the Secretary of State's attention because of its gravity or exceptional circumstances, annually on his functions; and at least once every 5 years on the working of this Part. All reports must be published.
	Clause 62 - the Ombudsman may publish statements about his actions, decision and determinations and the reasons for these.
	Clause 63 places restrictions on disclosure of information by the Ombudsman and any officer of the Ombudsman.
	Clause 64 empowers the Secretary of State to make regulations on a wide range of aspects covered under this Part.
	Clause 65 empowers the Secretary of State to issue guidance to the Police Authority, police officers and the Ombudsman. Regard must be had to such guidance.
	Schedule 3 - in addition to covering the appointment of the Ombudsman, also governs terms and conditions of staff, assistance by members of the police force, finance, and transitional arrangements.
	PART VIII
	MISCELLANEOUS AND GENERAL
	This part sets out certain offences under the Bill.
	Clause 66 sets out the offence of assaulting or obstructing a constable.
	Clause 67 makes it an offence to impersonate a police officer.
	Clause 68 makes causing disaffection within the police force an offence.
	Clause 69 makes it an offence to obtain a pension or gratuity by self-inflicted injury.
	Clause 70 sets out the terms and conditions under which the Police Authority may employ traffic wardens, and how complaints against them are to be dealt with.
	Clause 71 provides for expenses incurred by the Secretary of State to be met by money provided by Parliament.
	Clause 72 provides for orders and regulations under the Bill.
	Clause 73 deals with the interpretation of certain expressions in this Bill.
	Clause 74 and Schedules 4, 5 and 6 provide for the amendment or repeal of a number of enactments relating to the police, and amendments consequential to the provisions of this Bill.
	Clause 75 provides for the Act to come into operation on a day directed by the Secretary of State.
	Clause 76 sets out the extent of this Bill.
	Clause 77 sets out the title of this Act.
	Financial Effects of the Bill
	Parts I to VI
	Present expenditure on policing in Northern Ireland is currently in excess of £600 million annually. It is intended that the clarification of roles and responsibilities and the coming together of all support services under the direction and control of the Chief Constable as provided for under this Bill will have a direct effect on reducing expenditure on policing.
	Of the £600 million currently provided some £40 million is expended by the Police Authority for Northern Ireland and the RUC on the direct provision of support services for policing.
	Current practices and procedures lead to bureaucracy and duplication and the intention is that these structural inefficiencies be removed and replaced with a streamlined and more effective support service for policing. In the first instance there are likely to be some conversion costs and savings may not be immediately realisable. However it is expected that over time there will be reductions in running costs though it is not possible to quantify these now.
	PART VII
	The Independent Commission for Police Complaints budget is £850K and Complaints and Discipline Department gross costs are in the region of £6,000K. The effects on those budgets of the changes proposed in the bill are still uncertain. It is anticipated that there will be some start up costs, for example on staff, on training and the accommodation required, but that in the medium term there may be some savings in Complaints and Discipline Department.
	The provisions of the bill should reduce duplication and therefore lead to cases being dealt with more efficiently and economically. There should also be an increase in the use of the speedier and more "complainant friendly" informal resolution procedures. This, however, might be offset by an increase in the number of complaints received. Furthermore the requirement for the Ombudsman to investigate criminal aspects of cases will lead to increased expense for the Ombudsman, but these cases are being handled under the current system and the overall cost should not increase. The Ombudsman will have much greater research and reporting responsibilities than the ICPC and these will have associated costs.
	Effects on Public Sector Manpower
	PARTS I TO VI
	The unification of support services into a single management structure under the direction and control of the Chief Constable will eventually lead to a reduction of the overall numbers of staff engaged in the provision of support services. There will also be some change in the balance between overall civilian and police numbers. Where it is appropriate to do so professional and specialist staff will be employed for specific duties.
	Civilian staff presently employed by the civil service but seconded to the Police Authority may at some future date be transferred to the employment of the Police Authority and therefore no longer be central government employees.
	PART VII
	The proposals shift responsibility for investigating complaints from Complaints and Discipline Department of the police to the new Police Ombudsman. It is anticipated that the Independent Commission for Police Complaints staff will be transferred to the new body and that the body will need to recruit other staff, principally investigators, who will be civilians and a number of temporary service police officers.
	The current membership arrangements of the ICPC will be removed and a single, full time, Ombudsman appointed. The functions of the members will become the responsibility of staff. In the transitional period the staff in Complaints and Discipline will not be affected greatly, thereafter there should be a significant reduction in the complement.