Further supplementary memorandum submitted
by the Northern Ireland Policing Board
VIEWS OF NIPB ON MEDIATION PROCESS
At the NIAC Inquiry into the functions of the Office
of the Police Ombudsman on 21 July the Board's views on changes
to the PONI mediation process were sought. I indicated then that
the Board had not considered the matter but that I would seek
the views of Members at the September Board.
More recently the Board was advised that the NIAC
would be grateful for the Board's views on whether the Ombudsman
should have a duty to investigate other types of complaints. All
of these issues were considered at our Board meeting on 2 September
and I can advise as follows.
MEDIATION
Members noted that the Police (Northern Ireland)
Act 2000 currently provides for a mediation process after an investigation
has been completed. Members have also noted the cost of PONI investigations
and would support the use of mediation (subject to the consent
of the parties concerned) at any appropriate stage in the process,
rather than only following an investigation.
Members understand the concerns that parties may
have in participating in such a process unless they had legal
protection to the effect that anything said was protected against
disclosure in other proceedings—it is understood that this
is the case in the Informal Resolution process—and Members
consider that the same protection should be afforded during the
mediation process.
Finally Members have noted the initial concerns expressed
by PSNI in their desire to ensure that officers would not have
to go through three consecutive processes but have noted the comments
made by the Deputy Chief Constable at the Inquiry on 21 July that
a way forward "that (it) is not a duplication of other processes"
has been found.
EXTENDED INVESTIGATIVE
ROLE
(a)Retired Police Officers.
(b)Members of the British Army.
(c)Allegations of Police Officer criminal conduct
made by, for example, police officers.
The Board did not have a corporate view on extending
the investigative role of the Ombudsman in respect of the three
categories detailed above. Individual Members of the Board and
political parties may respond directly to you on these points.
7 September 2004
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