Select Committee on Northern Ireland Affairs Fifth Report


5 Other Issues

INFORMAL RESOLUTION

57. We were told that development of the Office's informal resolution process was initially "slow and difficult", but that it was beginning to improve.[114] Initial difficulties were rooted in the concerns of complainants and police officers about the independence of a process involving senior police officers.[115] Mrs O' Loan told us that following the appointment of a member of staff with responsibility for the informal process, the process has "speeded up" and the ability to resolve complaints informally has begun to improve.[116] Between September-March 2002, 40% of complaints referred for informal resolution were resolved and between April 2002-March 2003, this increased to 72%. We were told about the various positive settlements that have resulted from informal resolution, including apologies from the officer involved, explanations or expressions of regret, and apologies on behalf of PSNI.[117]

58. The Superintendents Association considered that informal resolution was a "very positive way" of resolving a complaint rather than "going to formal, lengthy investigations".[118] The Police Federation supported this view, arguing that it was preferable for a complaint to be resolved at an early stage because it avoided "the grief that is caused by going ahead, carrying it [the investigation] on for months and months and months, with people feeling distraught."[119]

59. We welcome the improvements in the Ombudsman's informal resolution process and the increasing number of complaints that are being resolved without formal investigation. Informal resolution offers constructive settlement in a shorter period of time for both complainants and police officers. The continuing full commitment of the Ombudsman to the process will be important to ensure further progress.

Mediation

60. Mrs O'Loan told us that under the 1998 Act, if a complaint is not suitable for informal resolution or it has proved impossible to resolve informally, she is required to conduct a formal investigation.[120] She believes that the law is "unworkable" because it does not allow her to mediate before a formal investigation is carried out.[121] Mrs O' Loan told us that she is currently in consultation with the NIO to secure legislative change that would give her power to determine that a complaint is suitable for mediation rather than investigation. She told us that this would reduce stress on police officers, provide efficiencies because mediation would be conducted more quickly than formal investigations, and secure "greater complainant and police officer confidence in the system".[122]

61. The PSNI told us that initially it had reservations about changing the law in relation to mediation because of fears that police officers could potentially have to proceed though "consecutive processes", including informal resolution, mediation and investigation.[123] Although they have now "agreed a way forward" with the Ombudsman, the PSNI remained concerned that officers could be subjected to three separate procedures.[124] In correspondence, Mrs O'Loan told us that agreement had been reached with the PSNI and police staff associations that there should be four distinct processes for dealing with complaints: informal resolution (conducted by the police with the agreement of the complainant and under the supervision of the Office, as at present); mediation (conducted by the Ombudsman); conciliation (where it has been established that a complainant was the subject of a "serious wrongful action but it has proved impossible to identify the officer responsible for that wrongful action"); and investigation (conducted by the Ombudsman).[125] Mrs O'Loan explained that that they had also agreed that there may be complaints which would be particularly suitable for informal resolution, rather than mediation, and that complainants should have the right to refuse informal resolution conducted by the police.[126]

62. Mr Ian Pearson, the Minister, emphasised the importance of "all parties" agreeing to the proposed alternative mediation and conciliation arrangements. He said that if there was broad support for the arrangements, the government would facilitate the legislative changes, parliamentary time permitting.[127]

63. We believe there is a strong case for amending the Police (Northern Ireland) Act 1998 in order to give the Ombudsman power to determine that a complaint is suitable for mediation rather than formal investigation. We consider that this is likely to facilitate greater flexibility in the complaints process, improve its efficiency, and secure greater confidence in the system. The evidence we received indicates that the proposed changes have the support of the PSNI and police staff associations and we urge the government to introduce the necessary legislation speedily.

Ombudsman's remit

64. The Northern Ireland Human Rights Commission (NIHRC) argued that the powers of the Ombudsman should be enhanced in "three vital respects". First, the Office cannot investigate complaints made against police officers who have retired from the police.[128] Second, the Ombudsman is not under a duty to investigate allegations of criminal conduct raised against police officers by persons other than complainants who are members of the public, for example, other police officers.[129] Third, the Ombudsman cannot investigate allegations of improper conduct made against members of the British Army in Northern Ireland.[130]

65. The PSNI told us that allegations of criminal conduct made against retired police officers are currently investigated by the police service and the facts placed before the DPP and questioned the need for the Ombudsman's involvement.[131] They explained that the Ombudsman has the "powers of a constable" and can choose to investigate allegations of criminal conduct against retired members. However, the Ombudsman only has power to report serving members of the police service, or retired members where criminal offences may have been committed during their police service, to the DPP for prosecution. The PSNI stated its willingness in the case of investigations about retired officers "to develop a protocol for forwarding reports to the prosecuting authority on the Ombudsman's behalf" to avoid further legislative change.[132] The PSNI were equally sceptical about extending the Ombudsman's remit to encompass the British Army because they were hopeful that the security situation would permit the withdrawal of military personnel in Northern Ireland and that extending the Ombudsman's remit might send out the "wrong message".[133] The police argued that independent oversight of the army is already exercised by the Independent Assessor of Military Complaints Procedures.[134]

66. The Minister appeared not to consider that retired officers should fall within the Ombudsman's remit.[135] He was not persuaded that the Ombudsman should have oversight of the British Army.[136] He took the view that the police should investigate allegations of criminal conduct raised against police officers by another police officer. He told us that this is the "sensible, logical thing to do".[137]

67. We have not taken evidence from the Independent Assessor of Military Complaints Procedures, or the British Army, but it appears that the powers of the Independent Assessor are confined to reviewing the complaints procedures of the General Officer Commanding Northern Ireland and do not extend to conducting his own investigations. These powers are not, therefore, comparable in scope to those of the Police Ombudsman. It is plain that the Ombudsman is concerned about investigations into police actions which involve non police personnel, including joint police and military operations, because she considers that the present arrangements might hinder her investigations and give rise to potential waste of resources. [138]

68. While it is not presently clear that the extensions to the Ombudsman's remit sought by the Northern Ireland Human Rights Commission are justified, we do believe that these proposals have illuminated potential weaknesses in the present complaints arrangements which have been identified by the Ombudsman herself. We think that these deserve further, thorough consideration by the government.

Police Ombudsman and young people

69. In order to measure levels of public confidence and awareness of the Office, the Ombudsman has undertaken a number of surveys. In the most recent survey (January 2004) over a third (37%) of the younger respondents (those aged 25 or younger) were unaware of the Office. In 2003, the Ombudsman commissioned the Institute of Conflict Research to carry out research into the experiences of young people and their attitudes towards policing in Northern Ireland, particularly the process of making complaints against police officers.[139] The research report concluded that there "was still clearly a need to promote greater awareness of the organisation and its work among young people".[140] The report made a number of recommendations, including that the Ombudsman should organise an "outreach programme" involving presentations in schools and youth organisations and that a team should be set up within the Office to deal specifically with complaints by young people and to produce information especially for them.[141]

70. When we asked Mrs O'Loan about the measures the Office was taking to reach out to young people, she told us that the Office had participated in "a series of youth conferences" which had been jointly organised by her Office, the PSNI, the Policing Board. She said that the Office had also made a number of school visits and had written to every school in Northern Ireland, asking whether they would like to hear about the work of the Office.[142] She explained that increasing awareness of the Office among young people was "a constant priority".[143] Mr Ian Pearson, the Minister, told us that he was satisfied that the Ombudsman had "an active level of engagement" with young people.[144]

71. The importance of the Office actively engaging with young people and increasing their awareness of the Office cannot be overestimated. We welcome the joint initiatives undertaken by the Ombudsman and the PSNI to improve young people's understanding of the Office and the new complaints system. We expect these efforts to continue to develop. We urge the Ombudsman to reconsider the recommendations of the report by the Institute for Conflict Research, in particular, whether a separate team should be set up within the Office to deal specifically with complaints by young people.


114   PONI 6 para 45 Back

115   Informal resolution involves a senior officer of PSNI meeting the complainant and the police officer separately in an attempt to reach an informal settlement  Back

116   PONI 6 para 45 Back

117   PONI 6 p 11 Back

118   Q 167 Back

119   Q 168 Back

120   PONI 6B p 6. See para 11 Back

121   Q 50, PONI 6 para 26 Back

122   PONI 6 para 26, PONI 6B P 8 Back

123   Q 109, PONI 29A Back

124   Q 109, PONI 29A Back

125   PONI 6B p 6 Back

126   PONI 6B p 7 Back

127   Qq 198, 204 Back

128   PONI 25 p 1 Back

129   PONI 25 Back

130   Section 60 of the Northern Ireland (Emergency Provisions) Act 1991 made provision for the Secretary of State to appoint an Independent Assessor of Military Complaints Procedures in Northern Ireland. The Assessor's role is to review the procedures adopted by the General Officer Commanding Northern Ireland for investigating and responding to complaints about the Army and to investigate any representations made to him about those procedures. The Secretary of State appointed Mr David Hewitt as Assessor in 1992; and his successor, Mr Jim McDonald, in 1997; PONI 25  Back

131   PONI 29A Back

132   PONI 29A Back

133   PONI 27A Back

134   PONI 27A Back

135   Q 210 Back

136   Q 206 Back

137   Q 208 Back

138   PONI 6B Back

139   PONI 2 p 2 Back

140   PONI 2 p 14 Back

141   PONI 2 p 14 Back

142   Q 16 Back

143   PONI 6 p 3 Back

144   Q 188 Back


 
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Prepared 23 February 2005