| Previous Section | Index | Home Page |
27 Mar 2003 : Column 536—continued
The Parliamentary Under-Secretary of State for Northern Ireland (Angela Smith) : I beg to move, That the clause be read a Second time.
The new clause is related to but has no direct bearing on the provisions of clause 19, which allows the Chief Constable to make fixed-term appointments to the Police Service of Northern Ireland. It is expected that the first application of the new clause, if enacted, would be to allow members of the Garda Siochana to undertake secondments with policing powers to the PSNI. Such secondments would also take place in the other direction, and the Irish Government will accordingly introduce legislation soon to allow secondments with policing powers from the PSNI to the Garda Siochana.
One of the fundamental issues in dealing with secondment is discipline. Usually, where a member of the PSNI is seconded, he may be dealt with under the PSNI's own conduct regulations for any breach of discipline that occurred during the secondment, as if that service had been with the PSNI. The new clause would allow the Secretary of State to modify the relevant regulations in respect of disciplinary matters, to enable investigations and hearings held in a country outside the United Kingdom to be taken into account by the PSNI in its own disciplinary procedures.
That means that, for secondments to the Garda Siochana, the PSNI would be able to take into account any investigation, hearing or other procedure
undertaken in the Garda Siochana against a member of the PSNI during disciplinary procedures. Clearly, given the potential effect that the imposition of sanctions could have on any officer's career, the choice of penalty should remain the responsibility of the home service. However, in practical terms, it makes more sense for the host service to carry out the investigation and hearing, since those would take place in the jurisdiction in which the alleged offence would have occurred.There are two points that I should like to make in the short time remaining. First, the arrangements will be reciprocal, so any Garda officer seconded to the PSNI against whom an allegation of misconduct was brought would be subject to investigation by the PSNI in exactly the same way as a PSNI officer. He will have taken the PSNI attestation and be subject to the excellent PSNI code of ethics, published last month. Equally, he would fall within the remit of the police ombudsman, if a complaint were made. Secondly, we hope and expect to have very little recourse to such regulations. I am confident that any member of the PSNI seconded anywhere in the world would behave as an ambassador for the PSNI, and that their conduct would be exemplary. However, legislation must provide for every eventuality.
I should explain to hon. Members why the clause is being brought forward at this stage. As we stated in Committee, negotiations between officials from both police services, the Irish Government and the Office of the Police Ombudsman have been going on for some time because of the complex detail and the agreement that was needed. Agreement on these difficult issues has just been reached. I can give the House an assurance that this will not be the only opportunity that hon. Members have to comment on the issue, as the details of the disciplinary procedures will be set out in regulations, on which there will be full consultation.
Lembit Öpik: We agree with the new clause and have nothing to add to what the Minister said.
Clause read a Second time, and added to the Bill.
Angela Smith : I beg to move amendment No. 15, in page 13, line 22, leave out 'as a police officer'.
Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss Government amendments Nos. 16 and 17.
Angela Smith: It is amazing how quickly we can move on when our minds are focused.
The purpose of the clause is to provide full protection to police officers who make protected disclosures. The clause has the support of the Chief Constable and the ombudsman, and replicates provisions contained in the Police Reform Act 2002.
We decided that the provision currently made by the clause needed to be refined to include not only members of the PSNI and the PSNI Reserve but also members of
the National Criminal Intelligence Service and the harbour police. The purpose of the amendment is to rectify that matter and to make provision for those individuals consistent with the provisions of the Police Reform Act 2002.Amendments made: No. 16, in page 13, line 23, leave out 'Chief Constable' and insert 'relevant officer'.
No. 17, in page 13, line 25, after 'accordingly', insert—
'(3) In this Article "the relevant officer"—
(a) in relation to a police officer, means the Chief Constable;
(b) in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service; and
(c) in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.'.—[Keith Hill.]
It being Six o'clock, Mr. Deputy Speaker, pursuant to Orders [10 February and 26 March], put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.
New Clause 6
Codes of Practice
'In section 27 of the Police (Northern Ireland) Act 2000 (c.32) (codes of practice on exercise of functions) for subsection (2) substitute—
"(2) Before issuing or revising a code of practice under this section, the Secretary of State shall consult the Board with a view to obtaining its agreement to the proposed code of practice or revision.
(2A) Before issuing or revising a code of practice under this section, the Secretary of State shall also consult—
(a) the Chief Constable;
(b) the Ombudsman;
(c) the Northern Ireland Human Rights Commission;
(d) the Equality Commission for Northern Ireland; and
(e) such other persons as the Secretary of State considers appropriate."'.—[Jane Kennedy.]
Brought up, read the First and Second time, and added to the Bill.
Schedule 1
Amendment made: No. 36 in page 25, line 37, at end insert—
'(ba)
Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under paragraph 9 of Schedule 1 to that Order to the designated person as it has effect in relation to the issue of a warrant under that paragraph to a constable;
(bb) Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under paragraph 9 of Schedule 1 to that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;'.—[Jane Kennedy.]
Clause 1
Amendments made: No. 1, in page 1, line 12, after 'Constable', insert
'(aa) the Ombudsman;
(ab) the Northern Ireland Human Rights Commission;
(ac) the Equality Commission for Northern Ireland;'.
No. 2, in page 1, line 15, leave out subsection (2).—[Jane Kennedy.]
Clause 37
Amendment made: No. 33, in page 23, line 12, leave out paragraph (a).—[Jane Kennedy.]
Clause 38
Amendments made: No. 34, in page 23, line 27, at end insert—
'(2A) No order may be made under section [Independent members: declaration against terrorism](6), [Independent members: disqualification](2) or [Belfast](2) unless a draft of the statutory rule containing the order to be made has been laid before Parliament and approved by a resolution of each House.'.
No. 35, in page 23, line 29, after 'section', insert—
'[Independent members: declaration against terrorism](6), [Independent members: disqualification](2), [Belfast](2),'.—[Jane Kennedy.]
Schedule 3
Amendment made: No. 37, in page 35, line 18, after 'Schedule 1,', insert—
'in paragraph 3(7)(b), the word "or" immediately preceding subparagraph (iii), in paragraph 10(1)(b), the word "or" immediately preceding subparagraph (iii) and'.—[Jane Kennedy.]
Order for Third Reading read.
6.1 pm
Jane Kennedy: As has been said before, the Bill further implements the Patten report and last year's review of policing arrangements.
Although they do not always attract the attention that they deserve, the Bill includes valuable measures that will directly assist the Chief Constable in making the Police Service of Northern Ireland both more effective and more representative. They will also help the Policing Board in its role of ensuring that the police are both effective and efficient.
I have in mind, in particular, the detailed provisions allowing the Chief Constable to extend civilianisation and the measures that would allow for the introduction of a number of experienced constables with expertise, such as detectives, and of secondees from other forces.
I pay tribute to the Police Service of Northern Ireland. It is faced, as Tom Constantine regularly reminds us, with an unprecedented change programme. To have made so much progress, while delivering high-quality policing, is a great tribute not just to the Chief Constable and his leadership team, but to all the police officers who
serve in the Police Service of Northern Ireland, whether regular, full-time or part-time, and to their support staff right across the organisation. It is also in the best tradition of the Royal Ulster Constabulary from which PSNI has evolved.I also pay tribute to the work of the Policing Board. In particular, the Board has recently launched the district policing partnerships. I am delighted to see such interest right across Northern Ireland in the delivery of local policing and in improving community safety. I have no doubt that the district policing partnerships will be a significant new chapter in taking policing forward in Northern Ireland and in making it a safer place for all inhabitants. The police ombudsman, too, has an important role to play in the new architecture.
I shall say something about the wider political context. As hon. Members will know, the Prime Minister and the Taoiseach plan to return to Northern Ireland before the middle of next month to take forward the work that was advanced in the discussions at Hillsborough earlier this month. I do not want to rehearse the circumstances in which my right hon. Friend the Member for Hamilton, North and Bellshill (Dr. Reid) suspended devolved Government last year. However, as he said then, as others have said recently and as I, too, know, it is essential to restore trust if devolution is to be restored.
Confidence led to the Belfast agreement in the first place, and it is a prerequisite for its continuance. I welcome the positive, continuing contacts between political parties since the Hillsborough talks and I hope that they can be built on. However, as all hon. Members know, something more is required. As the Prime Minister made clear in his Customs House speech last October, it is time for acts of completion. To use his words, that means:
- "Commitment to exclusively peaceful means, real, total and permanent . . . an end to tolerance of paramilitary activity in any form."
I reiterate that none of the provisions that we discussed yesterday will come into force when the Bill receives Royal Assent. They will be commenced only by a subsequent order, which will be subject to affirmative resolution of both Houses in Parliament. I repeat on the Floor of the House that my right hon. Friend the Secretary of State would envisage introducing a commencement order only in the context of acts of completion.
At the risk of provoking some hon. Members' wrath, it may be helpful to conclude by turning again to the initial chapter of the Patten report. Paragraph 1.7 states:
- "There is plainly a close relationship between the success of the overall Agreement and the changes in policing. If the fresh start for politics founders, it will be more difficult to make changes in policing; and if changes in policing are resisted (or mishandled) then there could be a serious impact on the attempt to rebuild democratic politics in Northern Ireland".
| Next Section
| Index | Home Page |