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