"Chill
factors"
38. Under Northern Ireland's fair employment legislation
the environment in which people work must be culturally neutral.[45]
In other words, there should be no overt displays of cultural
allegiance which might give offence. In Northern Ireland, symbols
which elsewhere would not be regarded as culturally significant
can cause controversy — such as wearing a poppy in the period
before Remembrance Sunday. The Chief Constable said that the RUC
constantly reviews the working environment to ensure that it is
neutral and that there is no display of symbols which would be
offensive to one tradition or gender.[46]
Mr Flanagan claimed that RUC officers had improved greatly in
being sensitive to different views. He referred to the change
in attitudes to "girlie" magazines on display as an
indication of how culture has changed in the police.[47]
39. Dislike and distrust of the RUC can focus on
the official symbols associated with the force and the constitutional
link with Great Britain: the Union Flag; the (previously required)
oath of loyalty to the Queen;[48]
the name Royal Ulster Constabulary; the cap badge, which features
a crown over a harp; or even the uniform. It has been argued by
some that symbols associated with the RUC are a deterrent to Roman
Catholics joining. This "chill factor" was recognised
by the Working Party on Under Representation commissioned by the
RUC. Although it rightly paid tribute to the work done by the
RUC in removing harassment from line management or peer groups,
it emphasised that more needs to be done to create a truly non-discriminatory
environment.[49]
40. One of the main issues addressed in the Police
Authority's 1995 Community Attitude Survey[50]
was the question of the title of the Royal Ulster Constabulary.
Respondents from the Roman Catholic community split about evenly
on the question whether there should be a change of title. From
the Protestant community, more than 85 per cent of respondents
thought there should be no change.[51]
41. This is an understandably emotive issue among
officers of the RUC. The Royal Ulster Constabulary is more than
a name, it is a title granted by way of Royal Charter and it is
of great importance to those who serve in the force. It is a great
source of pride. It is the name under which many have given up
their lives in defence of peace and security. Mr Flanagan acknowledged
that the most important factor was the views of the people whom
the RUC serves, but was keen that there should be carefully conducted
scientific research to make sure that change was what was wanted
by a majority.[52] Mr
Flanagan did not, however, class the official symbols as offensive
or one of the major reasons why recruitment from the Roman Catholic
community has been lower than might be hoped. On the contrary,
he thought that the symbols of the cap badge, harps and shamrocks,
and the green uniform were distinctively Irish.[53]
42. The question of a name for the police is a sensitive
issue, but ultimately of secondary importance. Until there is
a change in the status of Northern Ireland, inevitably many of
the symbols of Government will be British. There is no clear
reason to make a special case for the RUC by changing its name,
without changing the names of other organisations which are also
either "Royal" or "British". The official
symbols associated with the force are not central to the status
of the RUC in the eyes of the community. They attract the loyalty
of many in Northern Ireland. There is no good reason to change
them.
43. From the perspective of those with Nationalist
sympathies the practice of flying the Union flag on 12 July outside
RUC stations is a divisive symbol in Northern Ireland, celebrating
as it does a holiday with exclusively Unionist connotations. The
Police Authority's evidence about the responsibility for defining
the days when the Union Flag is flown was confused. There is a
published list of days when the flag is flown on public buildings
in Northern Ireland. 12 July is one of those dates.[54]
The Police Authority's view is that, although the Union flag should
fly over police stations on the occasions when it is flown over
Government buildings, there should be a review of the list of
occasions on which the Union flag is flown.[55]
When the Authority mentioned the question to the Government they
were told that it is not a matter for ministers, since police
stations are not Government buildings, they are the property of
the Police Authority.[56]
The matter has been left unresolved.
44. Flying the flag on 12 July is regarded by many
as a provocation and links the RUC with one part of the community
in Northern Ireland. As Northern Ireland is an integral part
of the United Kingdom, the Union Flag is the appropriate flag
to be flown over police stations, but the special celebrations
of 12 July are a case apart. The flying of the Union Flag on 12
July outside police stations is regarded as sectarian by many
and should cease.
45. Apart from the official trappings of the RUC
there is the important question of the culture within the organisation;
in other words the dominant beliefs and assumptions shared by
the majority of officers. A principal influence shaping the character
of the RUC has been its distinctive security role. The major task
of the RUC, particularly since 1969 but also to a great extent
since Northern Ireland was founded, has been to maintain security.
It has always been routinely armed, unlike its counterparts either
in the Republic of Ireland or the rest of the United Kingdom.
Its members have faced tremendous risks, which have necessarily
created a close sense of community within the force. The RUC is
like any other police force, with a strong bonding between fellow
members and a defensiveness whenever the integrity of the force
is challenged, but the life of RUC officers has tended to isolate
them from many parts of the community in which they live (even
more than is normally the case for police officers). The Chairman
of the Independent Commission for Police Complaints described
the RUC as like a third community in Northern Ireland.[57]
46. The isolation from parts of the community increases
the risk of a "canteen culture" which encourages a lack
of imagination about how those in less well represented groups
in the police — Roman Catholics or women — perceive
them. This is a problem of which some senior and middleranking
officers are extremely aware. It is very difficult to change the
ethos of a large organisation, whether it is a police force or
anything else; in Northern Ireland, this is particularly so if
staff are drawn mainly from one side of the community.
47. As the RUC commissioned Working Party's Report
makes clear, many citizens in Northern Ireland regard the traditional
police culture of the RUC as being protestant.[58]
An obvious manifestation of cultural loyalty to the majority community
is membership of the Orange Order and similar loyal orders. The
Orange Order has a constitutional position within the Ulster Unionist
Party and is represented on that Party's Central Council. We considered
carefully the question whether it was appropriate for members
of the RUC to be members of the Orange Lodge, given that it is
widely perceived as partisan. The Police Federation thought that
it was not incompatible for a member of the RUC to belong to the
Orange Order, so long as it did not interfere with their duties.[59]
48. The Chief Constable fully understands the sensitivities
surrounding this difficult subject. Officers are entitled to their
private views, but internal disciplinary rules prevent officers
from displaying their political beliefs in a public way. Officers
may not engage in public demonstrations which suggest that they
may be influenced in the performance of their duty by their beliefs.
Officers are expected and required to behave with sensitivity
and to respect the beliefs of others at all times.[60]
Some officers have been disciplined because they have taken part
in a public procession.[61]
Public displays relating to organisations which are perfectly
legal but identified with one part of society can lead to a perception
that officers do not discharge their duties impartially. The Chief
Constable has said that he would strongly prefer that his members
did not belong to Orange lodges.[62]
49. Dr Hayes, who has a long record of distinguished
public service in Northern Ireland and who is knowledgeable about
police matters, thought that people in public office should not
be members of secret societies.[63]
He recognised the right of officers to be members of "strong
community bonding organisations" which represent their communities.
He thought there could be an argument for insisting that officers
declare their interests and associations so that conflicts of
interests could be avoided.[64]
50. The RUC Chief Constable is contemplating treating
membership of the Orange Order in a similar way to Freemasonry,
by setting up a register.[65]
At present he is unable to say how many of his officers are members
of loyal orders.[66]
The Working Party Report also recommends that relevant interests
of recruits and serving officers should be established; this would
include membership of organisations which require an oath of allegiance
as a term of membership.[67]
51. There is a difficult balance to be struck between
the right to belong to a legal association which represents cultural
and political values that citizens (including police officers)
are entitled to cherish and the need to be seen to be rigorously
impartial. The rights of police officers are already limited:
they may not be members of a trade union. Police officers in England
and Wales will soon be invited to declare whether they are Freemasons
under a voluntary scheme to be introduced by the Home Office.
If the voluntary scheme does not work, the Government will consider
imposing registration compulsorily.[68]
Membership of organisations such as the loyal orders, the Ancient
Order of Hibernians or other exclusive groups who generally prohibit
membership on religious grounds is incompatible with membership
of a public service organisation, especially the RUC. New recruits
to the RUC should not be permitted to be members of such organisations.
Officers who already belong to them should register their membership
privately[69]
with the management of the RUC so that complaints about any bias
can be seen to be fairly assessed.
Bias or harassment
52. There is evidence of active bias or harassment
of some RUC officers by colleagues which is referred to in the
Working Party Report.[70]
The RUC takes the problem of harassment of Roman Catholic or women
officers very seriously and commissioned internal surveys to quantify
the problem. In May 1996 an internal survey on sexual harassment
in the RUC noted that women Part Time Reservists (who, as we note
above, are about 35 per cent of that branch) encountered significantly
less harassment than other female officers.[71]
53. The RUC Force Research Branch completed another
internal survey of officers in August 1997 to determine the extent
of religious and political harassment and discrimination within
the RUC. Although this survey was regarded by the Chief Constable
as highly important only 34 per cent of officers replied to the
questions. Normally internal surveys have a response rate of about
60 per cent. Of those respondents who indicated their religion,
77 per cent were Protestant and 10 per cent were Roman Catholic;
relating this to the proportions of Roman Catholic and Protestant
officers, this indicates that 29 per cent of Protestant officers
and 46 per cent of Roman Catholic officers responded. The RUC
thought that the reasons for the poor response to the survey were
unclear, but speculated that it could be that those who did not
respond had not experienced harassment or discrimination or did
not see it as a problem.[72]
54. Of those who did respond, 63 per cent of Roman
Catholics and 10 per cent of Protestants claimed to have been
subjected to religious harassment within the RUC during their
career. Relating this to the whole force, at least 29 per cent
of Roman Catholics and 3 per cent of Protestants believe that
they have suffered religious harassment in their service. Only
16 per cent of respondents who claimed that they had been harassed
had formally reported the harassment to the authorities. Most
respondents (both Roman Catholic and Protestant) rated the problem
of religious harassment as "not serious".[73]
11 per cent of Protestants and 26 per cent of Roman Catholics
who responded reported that they had experienced religious discrimination
within the RUC during their careers. This represents 12 per cent
of Roman Catholics and 3 per cent of Protestants within the RUC
overall.[74] As a result
of religious harassment or discrimination, 34 per cent of Roman
Catholics and 14 per cent of Protestants reported having been
disillusioned with their career and 21 per cent of Roman Catholics
and 5 per cent of Protestants had considered leaving the force.[75]
55. There is insufficient information on inequality
and sexual and religious harassment within the RUC.[76]
In particular, it would be useful for officers to be guided as
to what constitutes harassment. For example, the Police Federation
witnesses commented that in a lot of cases what might pass for
harassment or discrimination is "harmless letting off steam".[77]
Mr Colin Smith, HM Inspector of Constabulary, rightly referred
to the importance of the role of supervisors in reducing "banter",
which he recognised as being "a very wearing factor"
that should be reduced.[78]
It is likely that the problems of harassment and discrimination
are known to prospective applicants, especially since the RUC's
Survey Report on sectarian harassment (which was confidential)
has found its way on to the Internet.
56. It is vital that sectarian and sexual harassment
within the RUC be regarded as grave matters. They undoubtedly
have a strong additional disincentive effect on those in under-represented
groups from joining the RUC. The primary responsibility for changing
inappropriate behaviour lies with those in supervisory ranks,
who must be adequately trained to recognise and halt harassment
and ensure proper treatment of members of the public. Senior officers'
performance should be assessed to a considerable degree in the
light of their success in achieving this.
57. The impression which the RUC makes on the public
must influence the range of backgrounds from which applicants
come. The way in which officers behave when carrying out their
duties is a vital element in attracting the right sort of applicant.
Mr Donnelly, the Chairman of the Independent Commission on Police
Complaints, reported that the Commission receives a considerable
number of complaints with sectarian elements to them. A number
of them are linked with civil disturbances. There are also many
cases either of alleged sectarian insults or which reveal underlying
sectarian attitudes. Two weeks before the Chairman of the Independent
Complaints Commission gave oral evidence, the Commission had 63
formal complaints, 45 of which were from apparent members of the
Roman Catholic community and 18 of which were from apparent members
of the Protestant community. A considerable percentage of Roman
Catholic complainants do not see the complaint through, possibly
because they contemplate civil action.[79]
Expression of sectarian views when officers deal with members
of the public adds to the difficulty of encouraging recruitment
of officers from a wider range of backgrounds.
37 Ev. p. 45; and see Qq. 100; 177-178. Back
38
Q. 176; and see Report of the Police Authority for Northern Ireland
for 1997/98, p. 27. Back
39
Community Attitudes Survey, 4th Report; Pub. Central
Survey Unit, Northern Ireland Statistics and Research Agency. Back
40
Q. 9. Back
41
It published a Public Notice inviting evidence on 11 December
1997: see ev. p. 371, Annex F. Back
42
Ev. p. 353, paragraph 2.1. Back
43
Ev. p. 364, paragraph 6.5. Back
44
Ev. p. 2; and see Lords Hansard Col WA99, 12 Dec '96 and, for
other non-police views, see e.g. ev. p. 257 ff, esp. p. 258. Back
45
"Chill Factors": see "Fair Employment in Northern
Ireland - Code of Practice", pub. by Department of Economic
Development, December 1989, esp. paragraph 6.5.10. Back
46
Q. 20. Back
47
Q. 20. Back
48
This was different from the oath elsewhere in the United Kingdom;
the Police (Northern Ireland) Bill has now replaced it with the
Scottish form of Constable's oath, which contains no reference
to the Queen. Back
49
Ev. p. 361, paragraph 6.1. Back
50
Published in March 1996 as "Everyone's Police" A Partnership
for Change: see Appendix 6, Table 6 of the survey. Back
51
Q. 16. Back
52
Q. 84. Back
53
Q. 16; and see Q. 175. Back
54
Qq. 166, 167. Back
55
Qq. 165 - 170. Back
56
Q. 165. Back
57
Q. 219. Back
58
Ev. p. 351 ff. Back
59
Q. 326. Back
60
Q. 17. Back
61
Q. 17; and see ev. p. 297 (Q.8(b)). Back
62
Q. 756. Back
63
His Report on the system of complaints against the police was
adopted by the Government; his proposal that there be a Police
Ombudsman is given effect in the Police (Northern Ireland) Bill. Back
64
Qq. 198 - 200. Back
65
Q. 756. Back
66
Q. 756. Back
67
Ev. p. 361, paragraph 6.1. Back
68
See Home Affairs Committee: Third Report for session 1996-97 [HC
192-I] "Freemasonry in the Police and the Judiciary";
and First Special Report for Session 1997-98 [HC 577] - the Government's
Reply. Back
69
A public Register would expose officers named on it to extra risk. Back
70
Ev. p. 351 ff. Back
71
Ev. p. 322. Back
72
Ev. p. 419 (Q. 6). Back
73
Ev. pp. 358, 359. Back
74
Ev. p. 359. Back
75
Ev. p. 359. Back
76
And see the conclusion of the Working Party, ev. p. 365, paragraph
6.8 and recommendation 8. Back
77
Q. 323. Back
78
Q. 542. Back
79
Q. 221. Back
