Supplementary memorandum submitted by
The Northern Ireland Policing Board
1.INTRODUCTION
I write further to the evidence I gave on 21 July
2004 to the Select Committee Inquiry into the functions of the
Office of the Police Ombudsman for Northern Ireland (OPONI)
2.HUMAN RIGHTS
ISSUES
During that session Tony Clarke MP asked about the
Board's concern that human rights issues may be raised in complaints
against the police which the Ombudsman has no power to investigate.
This question relates to a statement made by the
Board in our document "Monitoring PSNI Compliance with the
Human Rights Act 1998" and at this stage the Board does not
have, in the context of our duty to monitor the compliance of
PSNI, with the Human Rights Act, any concems. Rather a potential
gap has been identified and we intend, through our human rights
advisors, Mr Keir Starmer, QC and Ms Jane Gordon, to explore whether
it is a real gap and whether, if such exists, it poses a difficulty
for the Board in fulfilling its statutory human rights monitoring
duties.
If I can explain further, OPONI has the power to
investigate police policy and practice but not the direction and
control of PSNI.
The Board is required, under statute, to monitor
the performance of PSNI in complying with the Human Rights Act—that
is PSNI performance as a whole—policy, practice, direction,
control.
Our Human Rights advisors will be looking to see
if there are any gaps between the Ombudsman's power in respect
of policy and practice and direction and control. Direction and
control may in practice equate to policy and practice—it
may not.
I hope this addresses the question.
3.MEETINGS BETWEEN
THE BOARD
AND OPONI
Also during that session Adrian Bailey MP asked about
meetings between the Board and the Police Ombudsman's Office and
I wish to explain, in case there was any confusion, the framework
of meetings that has been agreed by the Board, in order that the
Committee may take this into account in its deliberations.
The Board has full meetings ten times each year and
one of the ten is allocated to the Police Ombudsman. The Board's
Human Rights and Professional Standards Committee, which is the
principal Board Committee for liaison with OPONI, meets once a
quarter and of their four meetings per year, there is provision
for two meetings with the Police Ombudsman (and more should either
party deem it appropriate). In addition the Ombudsman's statistician
attends every committee meeting.
At an informal level the Chairman and Vice-Chairman
of the Board meet with the Ombudsman and her senior staff every
quarter, and there is the facility for more frequent meetings
should the need arise. Senior officials from both offices also
meet quarterly, or again more frequently, should the need arise.
As indicated at the Select Committee this framework
is subject to review. The last such review took place earlier
this year when the Ombudsman asked the Board to consider inviting
her to attend two full Board meetings each year. This issue was
considered by Members but it was agreed that taken in the context
of the overall framework of meetings, one meeting with the full
Board each year is sufficient.
The Board is aware that the Ombudsman is not content
with this arrangement.
4.MEDIATION
Finally, you asked for the Board's views on the mediation
process and as advised at the Committee the Board does not have
a view. However, I will ensure that the issue is discussed at
the September Board meeting and I will write shortly thereafter
to advise you of Members views.
28 July 2004
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