Conclusions and recommendations
1. For
six months after the establishment of the Office, the Ombudsman
had to operate without formal guidance from the government. Mr
Ian Pearson, the Minister, said that he was not aware of difficulties
which had arisen as a result, but the Ombudsman noted the absence
of the guidance in her evidence to us. At the point at which maximum
support was required to ensure the successful launch of a key
part of the new policing framework for Northern Ireland, the government
should have had formal guidance in place. In its response to this
report we would like the government to explain why the guidance
was not available to the Ombudsman on time. (Paragraph 19)
2. The Office of the
Police Ombudsman has made significant progress in consolidating
its role, and its contribution to developing policing policy and
practice has been positive. We were told about improvements in
the PSNI's working practices, including reductions in police use
of batons, and live fire. This has been achieved within a relatively
short period of time and in difficult political circumstances.
We welcome the constructive working relationship that has developed
between the top managements of the PSNI and the Ombudsman. (Paragraph
27)
3. The Ombudsman and
the Northern Ireland Policing Board must ensure that they are
taking all steps necessary to maintain full cooperation at all
levels. There is clearly a difference of opinion between the Board
and the Ombudsman over what constitutes appropriate frequency
of contact. The Board said that the present frequency of meetings
appears sufficient, although it made clear that this would be
kept under review. However, such fundamental differences ought
never to occur. We expect to see a structure of communication
put in place quickly which is fully acceptable to both the Ombudsman
and the Board. (Paragraph 28)
4. We are surprised
that the Office's present "case management system" has
failed completely and is having to be scrapped so soon after its
installation at the considerable replacement cost of over £2.4
million over seven years. While we appreciate the difficulties
involved in anticipating how such systems will operate in practice,
we note that, despite expenditure of £72,000 on consultancy
advice and the experience of the "IT strand team", the
project implementation team failed to identify an IT system capable
of functioning satisfactorily. The new " case handling system"
must be made to operate effectively over a much longer period.
(Paragraph 32)
5. It is crucial to
the credibility of the Office that the Ombudsman's formal presentation
of her performance in the Annual Report should be of the very
highest quality. It must be comprehensive, fully transparent,
easily comprehensible, and should track progress on key targets
year on year in a consistent format. There is some way to go before
this standard of rigour is achieved. We expect to see an improvement
in the presentation of the Annual Report in future years. (Paragraph
35)
6. Securing the confidence
of both the public and police is crucial to the credibility of
the new police complaints system. We were told that the Ombudsman
has actively engaged with the public, securing a high level of
confidence in both communities in Northern Ireland. (Paragraph
44)
7. Developing trust
on the part of the police in Northern Ireland in the Office of
the Police Ombudsman depends on a positive and proactive approach
by the top managements of the police and the Office, and we are
satisfied that substantial efforts are being made by both in this
direction. While we acknowledge the particular difficulty of the
Ombudsman's task in securing the trust of rank and file police
officers, we are concerned about the low level of confidence which
police officers appear to have in the Ombudsman and, in particular,
their perception that the system is neither impartial nor fair.
Everything possible must be done to improve officers' confidence
in the present system of complaints. We warmly welcome the agreement
between the PSNI, police staff associations, and Ombudsman to
work jointly to improve confidence. This is a solid start on which
we expect all parties to build. (Paragraph 45)
8. While the outcome
of investigations conducted by the Ombudsman are a matter for
her Office, it is vital that in all respects the manner in which
these investigations are conducted represent the highest professional
standards, and it appears that she is seeking to achieve this
goal. We warmly support such an approach and, in particular, commend
the Office for seeking to keep complainants and officers fully
informed as work progresses. We have heard complaints in other
inquiries that this is not done sufficiently in police investigations,
and a punctilious adherence to this practice will enable the Ombudsman
to set a 'gold standard' for procedure in this area. (Paragraph
48)
9. We were surprised
to learn from the Department that complaints referred to it for
examination, are considered not at Ministerial level, but by officials
only. Mr Ian Pearson, the Minister, appeared not to have been
fully briefed on how such complaints were handled, but said that
the present arrangements were not satisfactory. After we
finished taking the evidence for this inquiry, Mr Pearson confirmed
that the Department had put in place arrangements to ensure that
complaints of maladministration made against the Ombudsman will
be seen invariably, and in detail, by a Minister. (Paragraph 50)
10. It is most important
that charges against the Ombudsman of maladministration and decisions
over possible referrals to an independent person, should be taken
at Ministerial level. We were alarmed that the Minister had not
been briefed on the relevant procedures until the point at which
we questioned him, and welcome the assurance that we have been
given that in future all such papers will be seen at Ministerial
level. We also recommend that the Department should record the
number of such complaints it receives, and indicate the outcome
in general terms, in the Departmental Annual Report as a matter
of routine. We consider that this would aid transparency and improve
confidence in the present arrangements. (Paragraph 51)
11. If there is prima
facie evidence of maladministration, the Northern Ireland Office
can refer the complaint to an independent person for investigation.
This system is largely untried as no referrals have yet been made
by the Department to any independent person. We think that the
present arrangements should be given the chance to 'bed down'
subject to the government accepting our recommendations above.
(Paragraph 55)
12. We were told that
the Ombudsman is currently engaging with the police to ensure
that they understand the process for independent investigation.
We welcome this, and we also consider that there is a role here
for the government to ensure that all those who may use the system
are fully aware of it, and its operation. However, if it becomes
clear that, after a reasonable time, the present arrangements
are continuing to cause unease and are failing to gain general
respect and acceptance, then the government must consider what
alternative procedures may be put in place to provide assurance
that complaints of maladministration against the Ombudsman will
be investigated fully and fairly. (Paragraph 56)
13. 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. (Paragraph 63)
14. 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. (Paragraph
68)
15. 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. (Paragraph
71)
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