House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Police (Northern Ireland) Bill [HL]


Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    8

 

           “(10A)              Subsection (10B) applies if the Chief Constable supplies to a person

conducting an inquiry under this section any information which in the

opinion of the Chief Constable is—

                  (a)                 information the disclosure of which would be likely to put an

individual in danger, or

5

                  (b)                 information which ought not to be disclosed on any of the

grounds mentioned in section 76A(1).

           (10B)              The Chief Constable must—

                  (a)                 inform the Secretary of State and the Board that the information

has been supplied to the person conducting the inquiry;

10

                  (b)                 inform the Secretary of State, the Board and the person

conducting the inquiry that, in his opinion, the information is

information of a kind mentioned in paragraph (a) or (b) of

subsection (10A).”

     (5)    Subsections (1) to (4) have effect in relation to a decision of the Board to cause

15

an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000

(c. 32) if—

           (a)           the Chief Constable has not referred the decision to the Secretary of

State under section 60(3) of that Act before the day on which this Act is

passed;

20

           (b)           the Chief Constable has referred the decision to the Secretary of State

under section 60(3) of that Act before that day but the Secretary of State

has not before that day decided whether to overrule the decision under

section 60(4) of that Act.

 11    Approval of proposals relating to inquiries by Board

25

     (1)    Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000

(procedure for decisions of Board relating to inquiries under section 60) is

amended as set out in subsections (2) to (4).

     (2)    In sub-paragraph (3) for “that day” substitute “the day on which the chairman

calls the meeting”.

30

     (3)    In sub-paragraph (5) after “by” insert—

                       “—

              (a)             a majority of members of the Board present and voting on the

proposal, and

              (b)             ”.

35

     (4)    In sub-paragraph (6)—

           (a)           for “10” substitute “8”;

           (b)           for “9” substitute “7”;

           (c)           for “8” substitute “6”.

     (5)    Subsections (1) to (4) have effect in relation to meetings under paragraph 18 of

40

Schedule 1 to the Police (Northern Ireland) Act 2000 called on or after the day

on which this Act is passed.

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    9

 

The Police Ombudsman

 12    Investigations into current police practices and policies

     (1)    After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert—

       “60A Investigations into current police practices and policies

           (1)           The Ombudsman may investigate a current practice or policy of the

5

police if—

                  (a)                 the practice or policy comes to his attention under this Part, and

                  (b)                 he has reason to believe that it would be in the public interest to

investigate the practice or policy.

           (2)                         But subsection (1) does not authorise the Ombudsman to investigate a

10

practice or policy to the extent that the practice or policy is concerned

with conduct of a kind mentioned in section 65(5) of the Regulation of

Investigatory Powers Act 2000 (conduct which may be within

jurisdiction of tribunal established under section 65 of that Act).

           (3)           If the Ombudsman decides to conduct an investigation under this

15

section he shall immediately inform the Chief Constable, the Board and

the Secretary of State of—

                  (a)                 his decision to conduct the investigation,

                  (b)                                     his reasons for making that decision, and

                  (c)                 the practice or policy into which the investigation is to be

20

conducted.

           (4)           When an investigation under this section has been completed the

Ombudsman shall report on it to the Chief Constable and the Board.

           (5)           The Ombudsman shall send a copy of his report to the Secretary of

State, if the investigation relates wholly or in part to—

25

                  (a)                 a matter in respect of which a function is conferred or imposed

on the Secretary of State by or under a statutory provision, or

                  (b)                 an excepted matter (within the meaning given by section 4 of

the Northern Ireland Act 1998).”

     (2)    Section 61A of the Police (Northern Ireland) Act 1998 shall cease to have effect.

30

     (3)    In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under

section 61A” substitute “report of an investigation under section 60A”.

     (4)    In section 66 of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning

insert “(1)” and at the end insert—

           “(2)              Subsection (3) applies if—

35

                  (a)                 the Chief Constable or the Board supplies information, or

information contained in a document, to the Ombudsman

under subsection (1) for the purposes of or in connection with

an investigation under section 60A of the 1998 Act;

                  (b)                 the person supplying the information is of the opinion that it is

40

information of a kind mentioned in paragraph (a) or (b) of

subsection (4).

           (3)              The person supplying the information must—

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    10

 

                  (a)                 inform the Secretary of State that the information has been

supplied to the Ombudsman;

                  (b)                 inform the Secretary of State and the Ombudsman that, in his or

its opinion, the information is information of a kind mentioned

in paragraph (a) or (b) of subsection (4).

5

           (4)              The information referred to in subsections (2) and (3) is—

                  (a)                 information the disclosure of which would be likely to put an

individual in danger;

                  (b)                 information which ought not to be disclosed on any of the

grounds mentioned in section 76A(1).”

10

District policing partnerships

 13    Independent members

In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32)

(appointment of independent members of district policing partnerships) after

sub-paragraph (1) insert—

15

                       “(1A)                In appointing independent members of a DPP the Board shall so far

as practicable secure that the members of the DPP (taken together)

are representative of the community in the district.”

 14    Disqualification

In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000

20

(disqualification for membership of a district policing partnership), after sub-

paragraph (1) insert—

                       “(1A)                                A person removed from office under paragraph 7(1) is disqualified

for membership of a DPP until the date of the next local general

election following his removal.”

25

 15    Council’s powers

Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing

partnerships) shall be deemed to have been enacted with the following

paragraphs inserted after paragraph 10—

“Indemnities

30

        10A                                The council may indemnify a member of a DPP in respect of liability

incurred by him in connection with the business of the DPP.

Insurance against accidents

        10B               (1)                The council may insure against risks of a member of the DPP meeting

with a personal accident, whether fatal or not, while he is engaged on

35

the business of the DPP.

                       (2)                Sub-paragraph (3) applies if the council receives a sum under any

such insurance in respect of an accident to a member of the DPP.

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    11

 

                       (3)                The council shall pay the sum to the member or his personal

representatives, after deducting any expenses incurred in its

recovery.

                       (4)                The provisions of the Life Assurance Act 1774 as extended by the Life

Insurance (Ireland) Act 1866 do not apply to any insurance under

5

this paragraph.”

Police functions and service

 16    Core policing principles

     (1)    In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) (the police) at the

beginning insert—

10

“Core policing principles

       31A Core policing principles

           (1)           Police officers shall carry out their functions with the aim—

                  (a)                 of securing the support of the local community, and

                  (b)                 of acting in co-operation with the local community.

15

           (2)           In carrying out their functions, police officers shall be guided by the

code of ethics under section 52.”

     (2)    In section 3 of that Act (general functions of Board), in subsection (3)(b) before

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

20

     (3)    In section 57 of that Act (annual reports by Board), in subsection (2)(a) before

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

     (4)    In section 32 of that Act (general functions of the police) subsections (4) and (5)

shall cease to have effect.

25

     (5)    In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the

Police Service of Northern Ireland engaged on other police service), in

subsection (7)(b) for “section 32” substitute “sections 31A and 32”.

 17    Chief Constable’s functions

In section 33 of the Police (Northern Ireland) Act 2000 (general functions of

30

Chief Constable) for subsection (2) substitute—

           “(2)              The Chief Constable shall have regard to the policing plan in

discharging his functions.

           (3)              The Chief Constable shall have regard to any code of practice under

section 27 in discharging his functions.

35

           (4)              The duty under subsection (3) applies only so far as consistent with the

duty under subsection (2).”

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 12 March 2003