Memorandum submitted by the Northern Ireland
Policing Board
1.INTRODUCTION
1.1The Northern Ireland Policing Board has a range
of contacts with the Office of the Police Ombudsman on routine
and non-routine business. These contacts are set out in the following
paragraphs.
1.2However, particular to the Inquiry of the Northern
Ireland Affairs Committee into the functions of the Office of
the Police Ombudsman is the Board's statement on the Report by
the Police Ombudsman into the Omagh Bomb Investigation.
1.3The lessons that have been learnt from that Report
and the handling of it are perhaps worthy of note by the NIAC.
1.4Some Members of the Board are satisfied with the
progress that has been made to date. Others feel that more needs
to be done and would suggest a review mechanism for the Office
of the Police Ombudsman.
1.5The following comments are therefore offered to
help inform your Inquiry into the functions of the Office of the
Police Ombudsman.
2.CONTACT BETWEEN
NIPB AND OPONI
2.1The Policing Board has statutory duty to keep
itself informed about the workings of the police complaints and
disciplinary proceedings and about trends and patterns in complaints
against police officers [section 3(3)(c)(i)of the Police (Northern
Ireland) Act 2000 refers.
2.2Statistical information supplied by OPONI every
quarter assists the Board in fulfilling this statutory duty.
2.3We have, since the Board's inception, worked with
OPONI to secure statistical information that focuses on outcomes
of substantiated complaints. We are pleased to say that this has
recently been received and will be supplied on a quarterly basis.
2.4The Policing Board also has a statutory duty,
as set out in section 3(3)(b)(ii) of the Police (Northern Ireland)
Act 2000 to monitor the performance of PSNI in complying with
the Human Rights Act 1998.
2.5We have developed a framework to assist us in
fulfilling this statutory duty. [A number of copies are attached
for your information at Appendix I]. However, the Reports completed
by OPONI (Regulation 20 reports) into incidents involving the
discharge of baton rounds, discharge of firearms, road traffic
accidents involving police officers etc. form an important part
of the information that we gather and which will be used/assist
to help us measure the services' compliance with the Human Rights
Act 1998.
2.6These reports, the recommendations contained within
them and the PSNI response to the recommendations, are considered
by the Human Rights and Professional Standards Committee of the
Board.
2.7The Board supports the current research into finding
an alternative to baton rounds. In the interim the Regulation
20 Reports completed by OPONI, and indeed research reports into
this aspect of policing, have proved helpful in reassuring the
community that where baton rounds are used, their use is necessary,
justified and proportionate.
2.8The Board receives other non-routine reports/statements
from OPONI, such as that statement recently received on the OPONI
investigation into the police investigation of the murder of Sean
Brown.
2.9Individual Board Members also receive correspondence
from police officers, and others, about the work of OPONI and
some concern has been expressed at the lack of a redress mechanism
for officers who are not content with the outcome of an OPONI
investigation. This issue is further explored in section 3 below.
3.OMAGH BOMB
REPORT
3.1Members of NIAC will no doubt be familiar with
the Omagh bombing and the subsequent report by OPONI into the
police investigation. This report was considered by the Board
in early 2002 and following a number of days discussion a statement
was issued by the Board. A full copy of this statement is attached
for your ease of reference as an Annex.
3.2Considerable sections of our statement are devoted
to the actual police investigation and how confidence in that
investigation could be restored.
3.3However, paragraph 6 of our statement focused
on the relationships between OPONI and PSNI and on the need for
a review mechanism for OPONI. As was noted in our statement, the
Board was concerned at the public debate on this issue, the need
to restore confidence in two important elements of the policing
architecture [PSNI and OPONI] and the need to ensure that natural
justice would prevail in the future and that any lessons that
could be learnt from the handling of the Omagh Reports were learnt
for the future.
3.4In terms of working relationships between PSNI
and OPONI and issues such as ensuring that natural justice prevails,
for example, where officers are to be named in public documents,
both organisations have worked hard to develop protocols to cover
a wide range of working situations.
3.5In our "Omagh" statement, we referred
to the need for a review mechanism for the work of the Police
Ombudsman. Some Members of the Board consider that the mechanisms
that existed then and now are sufficient to cover the need that
existed at the time of our Omagh statement.
3.6Other Members however, feel that there remains
a gap in the review/redress mechanisms. At paragraph 2.9 above
reference is made to officers who are not content with the outcome
of OPONI investigation. Currently such officers, if their complaint
is one relating to process or procedure, can take a judicial review.
Some Members however feel that another form of redress is needed.
They feel that taking cases to judicial review is not a course
of action that many officers would choose to take and that a more
user-friendly, accessible mechanism should be found.
4.CONCLUSION
4.1The Board welcomes inquiries by the NIAC and is
pleased to offer the above comments in the hope that these will
inform your considerations.
4.2It is important to note that the work of the Police
Ombudsman is such that Members' views differ, on the work of OPONI
in delivering its principal activities. It is impossible therefore
to offer a corporate submission. Rather we have identified, where
possible, common ground and have highlighted issues on which Members'
opinions differ.
30 March 2004
Annex
STATEMENT FROM NORTHERN IRELAND POLICING
BOARD ON ITS RECOMMENDATIONS ON THE OMAGH REPORTS
CHAIRMAN OF
THE POLICING
BOARD, PROFESSOR
DESMOND REA
SAID:
"This has been a difficult and testing time
for everyone involved in the process. Notwithstanding these difficulties
the Board has taken the time to listen to and hear all sides.
We have taken the time to get all the relevant information and
we believe that we have not shirked our responsibilities.
"The Board acknowledges that lessons have been
learned on all sides in relation to this process but believes
that these recommendations will serve to enhance the true professionalism
and service of all officers within the Police Service of Northern
Ireland. They will also ensure wider community confidence in the
effectiveness and efficiency of the Police Service.
"Members of the Policing Board thank the Chief
Constable and the Police Ombudsman for their co-operation during
this process. The Board remain committed to ensuring that accountability
and transparency are the foundations of our policing service.
"The Board shares the view of both the Chief
Constable and the Ombudsman that nothing should detract from the
culpability of those who perpetrated the Omagh Bombing.
"Following discussion between the Board, the
Police Ombudsman and the Chief Constable it was agreed, on the
basis of the information available that the Omagh Bombing could
not have been prevented.
"It remains the Board's deep regret that there
are those within our society who have the will to shatter ordinary
people's lives through such mindless acts of terrorism We should
never forget the human loss and suffering that has been endured
by so many as the result of such acts."
Specially convened Meetings of the Policing
Board to discuss the Omagh Reports—Tuesday 5 February 2002
and Thursday 7 February 2002
1.INTRODUCTION
On Saturday 15 August 1998, at approximately 3.05
pm, a terrorist bomb exploded in the centre of Omagh. This atrocity
killed 29 people and two unborn children. Some 250 people were
injured, many seriously. In addition, untold others have been
deeply affected by the horror of what happened on that day.
It is difficult to begin to comprehend the immense
suffering inflicted by that act of depravity. What is understandable
is the pain, anger and frustrations of those who have had to cope,
and try to come to terms with the aftermath.
Members of the Northern Ireland Policing Board, along
with the wider community in Northern Ireland, acknowledge this
reality. The Board also acknowledges that the recently published
report by the Police Ombudsman followed by the response from the
Police Service of Northern Ireland (PSNI) and widespread media
coverage and speculation, have undoubtedly exacerbated the feelings
of all who have been affected by what was one of the worst terrorist
incidents since the start of the troubles in 1969.
As the result of the discussions between the Board,
the Police Ombudsman and the Chief Constable, it was recognised
by all parties that, on the basis of the information available,
the Omagh Bombing could not have been prevented. This, however,
can be of little comfort to all those who have been affected.
2.BACKGROUND TO
REPORT OF
THE POLICE
OMBUDSMAN
On 29 July 2001, a Sunday newspaper carried, as its
lead story, revelations and allegations from a man claiming to
be a former British security force agent. Within this article
it was purported that the Omagh bombing could have been prevented
had the police acted upon information which he had allegedly provided
to them.
On 14 August 2001 the Police Ombudsman informed the
Police Service of Northern Ireland that she had decided to carry
out a formal investigation as to whether any information of relevance
to the bombing was available to the RUC prior to the Omagh Bomb,
and if such information did exist, whether it had been responded
to appropriately by the RUC.
On 19 September 2001, the scope of the investigation
was extended to include whether intelligence held by the RUC was
correctly revealed to, and exploited by, the Omagh Bomb Investigation
Team and whether the evidential opportunities contained within
the Omagh Bomb Review Report have been investigated.
On Wednesday 12 December 2001,the Police Ombudsman
presented to the Northern Ireland Policing Board, a Report under
Regulation 20 of the Royal Ulster Constabulary (Complaints) Regulations
2000. This Report contained matters of public interest relating
to material issues preceding and following the Omagh Bomb on 15
August 1998.
Copies of the Report were also sent to the Secretary
of State for Northern Ireland and the Police Service of Northern
Ireland.
3.POLICE SERVICE
OF NORTHERN
IRELAND
On Tuesday 22 January 2002, the Chief Constable delivered
to the Northern Ireland Policing Board the Police Service of Northern
Ireland's response to the Police Ombudsman's Report into the Omagh
bombing.
4.THE NORTHERN
IRELAND POLICING
BOARD
The Northern Ireland Policing Board was established
on 4 November 2001 and draws its powers from the Police (NI) Act
2000.
The Board has a responsibility to ensure that the
Police Service of Northern Ireland is effective and efficient.
In carrying out its functions, the Board must also hold the Chief
Constable to account for the exercise of his functions and in
doing so ensure that the general duty of police officers is met.
These are:
(a)To protect life and property.
(b)To prevent the commission of offences.
(c)When an offence has been committed to take measures
to bring the offender to justice.
The Policing Board also has a responsibility to the
Northern Ireland community. The community has a right to know
what their Police Service is doing and how it is performing. It
is also important that the community has real influence over the
way it is policed and that effective systems are in place to make
the police accountable for their actions.
However, these rights must be balanced with the right
of the Chief Constable to have operational responsibility—in
other words he must be able to act independently without being
controlled by Government. But he must answer for his actions.
Creating this balance is what effective police accountability
is all about and this is the job of the Policing Board.
It is within this remit that the Board has considered
the Omagh reports.
5.POLICING BOARD
RESPONSE
On Tuesday 5 February 2002 and Thursday 7 February
2002, Members of the Northern Ireland Policing Board met to discuss
the Police Ombudsman's Report into the Omagh bombing and the Police
Service of Northern Ireland's response to this Report.
The Board met individually with the Police Ombudsman
and the Chief Constable to discuss the reports and held full and
frank discussions with both parties. The Board also afforded both
the opportunity to elaborate on and explain their reports. This
was followed by a question and answer session during which Board
Members discussed many issues in more detail.
6.POLICING BOARD
CONSIDERATIONS IN
RESPECT OF
RELATIONSHIPS BETWEEN
THE POLICE
SERVICE OF
NORTHERN IRELAND
AND THE
POLICE OMBUDSMAN'S
OFFICE
The Policing Board believes that arising from the
Police Ombudsman's report and the response of the Chief Constable
there are a number of issues which require independent review
and consideration.
These issues centre around the relationships and
protocols between all of the parties involved in the new policing
arrangements.
It is clear that the handling of certain aspects
has caused hurt to others.
The Board considers that lessons can be learned for
the handling of such issues in the future and the Board will work
to ensure these are addressed.
Accordingly the Board will discuss with all parties
including Government how to develop best working relationships
and all measures and procedures so to do.
These include arrangements for appropriate review
of draft reports, as to factual accuracy, and for individuals
to see and respond to content as necessary before circulation
of the final report.
The Board also considers that, as with current policing
arrangements, there should be a review mechanism for the work
of the Police Ombudsman.
7.POLICING BOARD
RECOMMENDATIONS
The Omagh Bomb Investigation
The Board commends the dedication and continued commitment
of PSNI officers in seeking to secure evidence against those who
planted the Omagh Bomb and believes that the full co-operation
of the community and all public representatives is vital if convictions
are to be secured. As this investigation is conducted in both
jurisdictions and many of the perpetrators are believed to reside
in the Republic of Ireland, we recognise that full co-operation
with An Garda Siochana must continue.
The Board believes that continuity in the investigation
is essential.
Nonetheless, in order to satisfy itself and wider
opinion that all the lessons of the Omagh investigation have been
learnt, and to maximise the opportunities for prosecutions, the
Board has decided to appoint a Deputy Chief Constable or Assistant
Chief Constable from another police service to fulfil the role
described at paragraph A below.
The Board believes the following model can achieve
these aims.
Paragraph A
A Board-appointed Deputy Chief Constable (DCC) or
Assistant Chief Constable (ACC) who will have, without operational
control, an overview of all matters and terms of reference that
include the following:
—To critically examine the resource and
skill levels needed to satisfactorily conclude the investigation.
—To undertake a quality assurance role,
with particular reference to the content of the Omagh Bomb Review
Report.
—To monitor progress in the investigation
including implementation of the Omagh Bomb Review Report.
—To enhance further working practices with
An Garda Siochana in relation to the Omagh Bomb investigation
and linked inquiries.
—To identify any obstacles standing in
the way of progress.
—To offer strategic guidance to the Board
in relation to its responsibilities.
—To report to the Policing Board at agreed
intervals.
The appointee will require regular contact with the
SIO and the other External Senior Officer (ESO) whose role is
described at paragraph C below. The Chief Constable should afford
the appointee full co-operation in the discharge of his/her function
and permit access to both members of the PSNI and information
(intelligence or otherwise) in order that this may be achieved.
Paragraph B
A PSNI Senior Investigating Officer (310) will have
operational command of the investigation, with a direct reporting
line to the relevant ACC and the Chief Constable, and a reporting
line, on matters under his terms of reference, to the DCC or ACC
appointed by the Policing Board.
Paragraph C
The External Senior Officer (ESO) appointed by the
PSNI, from another UK police service, will have responsibility
for:
—Scrutinising the current enquiry and the
Omagh Bomb Review report to ensure that all opportunities to gather
evidence are maximised and that all recommendations relating to
the Omagh investigation are fully addressed.
—Exploring any outstanding lines of enquiry
into potentially linked incidents identified in the Omagh Bomb
Review Report.
—Determining the relevance of the investigative
opportunities presented in connection with similar offences perpetrated
in Northern Ireland in 1998.
—Making decisions as to whether or not
any such offences should be investigated separately or absorbed
into the ongoing investigation.
—Determining whether or not the appointment
of another officer to investigate these incidents is appropriate.
—Identifying any obstacles to progress.
This ESO will be given direct access to the Chief
Constable in respect of any matter of concern and will have a
direct reporting line to the relevant ACC but also the Chief Constable
as identified above.
Both the PSNI Senior Investigating Officer and the
External Senior Officer will have equal status—ie neither
one subordinate to the other.
The ESO should have access to all investigation relevant
intelligence.
The Board believes that since unique circumstances
demand unique solutions, these arrangements satisfy the joint
requirements for continuity in the investigation whilst injecting
crucial independent elements.
REVIEW OF
TERRORIST-LINKED
MURDER INQUIRIES
The Policing Board believes that the Police Service
of Northern Ireland should now request Her Majesty's Inspector
of Constabulary (HMIC) to conduct a full review of terrorist-linked
murder inquiries with a view to reporting on structure, resources,
strategies, policies, practices and processes HMIC has indicated
a willingness to conduct this review.
MURDER REVIEW
PROCEDURES
The Policing Board supports the adoption of the Association
of Chief Police Officers policy with regard to murder reviews.
This requires an early review into undetected murders. The Police
Service of Northern Ireland has accepted this in principle. The
Board will monitor progress on the implementation of this policy.
MANAGEMENT AND
DISSEMINATION OF
INTELLIGENCE
The Policing Board fully accepts that there is a
need for a Special Branch to enable the police to have the capability
to counter terrorist threats.
The Board acknowledges that there are important issues
around the structures and procedures for the management and dissemination
of intelligence between Special Branch and other parts of the
service. The Policing Board is aware that the Police Service of
Northern Ireland and Senior Officers have already taken considerable
action in relation to the reorganisation of Special Branch.
In particular, the Policing Board notes that the
Police Service of Northern Ireland has already agreed that Senior
Investigating Officers should be given appropriate access to all
relevant intelligence.
However, the Board believes that confidence in this
process will be enhanced by a review into current structures and
procedures for the management and dissemination of intelligence
between Special Branch and other parts of the Police Service.
The Board has therefore requested HMIC to carry out
a focused review into Special Branch as outlined above. This review
will provide an independent scrutiny to assist the Board in assessing
progress on these significant issues. This review report shall
be forwarded to the Policing Board and the Chief Constable.
A Committee of the Board, assisted by a nominated
Chief Officer from within the PSNI, will consider how, in practical
terms, intelligence is managed and disseminated between Special
Branch and other parts of the Service to ensure confidence.
8.MONITORING ARRANGEMENTS
The Policing Board recognises that to ensure that
these recommendations are managed effectively, monitoring arrangements
must be implemented.
The Policing Board has agreed the following processes:
—A Committee of the Policing Board will
monitor all follow-up action arising from the recommendations
made and the Committee shall include the Board appointed DCC or
ACC.
—This Committee will report regularly to
the full Policing Board on progress against implementation of
the recommendations and highlight any further action it deems
to be necessary.
—An ACC nominated by the Chief Constable
of the Police Service of Northern Ireland and the new Policing
Board appointee will report directly to the above Committee.
—The Board notes that this accountability
process demands effective working relationships between all parties
involved.
—The Board is confident that the mechanisms
put in place will ensure an open and transparent process.
—The Board undertakes to keep the Omagh
victims and relatives appraised of progress.
9.FINAL COMMENTS
The Omagh Bomb Review Report was commissioned by
the Chief Constable and carried out by a team of Police Service
of Northern Ireland officers under the command of Chief Superintendent
McVicker. They are to be congratulated on an excellent piece of
work.
Members of the Policing Board thank the Chief Constable
and the Police Ombudsman for their co-operation during this process.
The Board also wishes to record its appreciation
to Her Majesty's Inspector of Constabulary, Mr Dan Crompton, for
his advice and support in dealing with these sensitive and difficult
issues.
The Board acknowledges that lessons have been learned
on all sides in relation to this process but believes that these
will serve to enhance the true professionalism and service of
all officers within the Police Service of Northern Ireland.
The Northern Ireland Policing Board remains committed
to ensuring that accountability and transparency are the foundations
of our policing service.
It remains the Board's deep regret that there are
those within our society who have the will to shatter ordinary
people's lives through such mindless acts of terrorism. We should
never forget the human loss and suffering that has been endured
by so many as the result of such acts.
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