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Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Policing (Miscellaneous Provisions) (Northern Ireland)Order 2007. The noble Baroness said: The purpose of thisorder is to amend existing Northern Ireland policing legislation and to introduce new subject areas in line with England and Wales. The following policy areas are included in the draft order: provision for further opportunities for the Police Service of Northern Ireland to civilianise posts by way of extending, in line with England and Wales, the range of powers and duties otherwise available to police officers by way of designation to investigating officers, detention officers and escort officers, and introducing two categories of designated civilian, namely staff custody officer and police community support officer (PCSO); provision for streamlining the police trainee recruitment process to allow the PSNI to make provisional police trainee appointments, subject to the satisfactory completion of medical tests and security vetting; provision for changing the recruitment procedures for police support staff in line with those proposed for police trainees, including a power to allow government to bring forward regulations to satisfy concerns that designated civilians should be vetted to the same standard as police trainees; provision for the reintroduction of legislative provisions to enable the PSNI to address an acute shortage of detective constables, by way of the recruitment of experienced constables with the required skills from other forces; provision for the police ombudsman to make application to the Public Prosecution Service to allow for the reinvestigation of police officers previously acquitted of a qualifying offence where new evidence has been obtained; provision for the police to close roads or divert traffic, or prohibit or restrict the use of a road or waterway, if considered necessary for the preservation of the peace or the maintenance of public order; and provision for the police to examine documents and electronic records in order to establish whether they contain evidence that someone has committed or is preparing to commit a serious crime. I should like to provide a little more information on some of the key provisions in the draft order. The introduction of police community support officers to policing in Northern Ireland will help to build onthe existing commitment of the PSNI to making communities safer through the delivery of real community policing and effective neighbourhood policing plans. PCSOs are not a cheap alternative. They will be full-time members of staff and will have a clearly defined role that will reflect their unique contribution to enhancing community safety. There will be a clear delineation of responsibilities between PCSOs and their regular police colleagues. It is, however, important to remember that PCSOs are not police officers. The majority of their time and the key focus of their role will be around engaging with local communities. The PSNI is in a strong position to learn from the experience of the introduction of PCSOs in England and Wales. I know that the PSNI intends to apply those principles to its implementation programme and adapt good practice in PCSO recruitment, training and supervision. On staff custody officers, we are also introducing a provision that will enable the PSNI to civilianise the role of custody officer in line with proposals in Great Britain. The Home Office is currently working with nine police forces to introduce custody officers at a number of pilot sites as a direct result of concerns expressed during the passage of the Serious Organised Crime and Police Act 2005. The pilots are about making quantitative and qualitative assessments of the impact of the post of staff custody officer before deciding on the suitability of national a roll-out. Although we are legislating for these provisions at this time, we envisage that the PSNI will wish to consider the outcome of the pilot exercise before introducing staff custody officers in Northern Ireland. On the issue of investigation by the Police Ombudsman, noble Lords will be aware that the Criminal Justice Act 2003 provides for application to be made to the Public Prosecution Service for Northern Ireland by the Chief Constable to allow him to reinvestigate persons acquitted of a qualifying offence where new evidence has been obtained, which is commonly known as the double jeopardy rule. However, where that person is a police officer,the proper investigative authority is the Police Ombudsman. Equivalent provision for the Police Ombudsman was unfortunately overlooked when the Criminal Justice Act was being drafted, and these provisions will correct that omission by introducing a new Section 86A into the Criminal Justice Act 2003. Document seizure powers are necessary to allow the police to operate effectively in dealing with a threat from serious and organised crime. I believe that noble Lords will find it helpful if I explain at the outset the distinction between what we are proposing today and how it relates to the existing powers of police to seize evidence under PACE. PACE seizure powers are applicable only where the officer has reasonable belief that the article is evidence in an offence, that it was obtained as a consequence of the commission of an offence, or that it is necessary to seize it to stop it being concealed, lost, altered, damaged or destroyed. In some instances it may not be possible to meet the necessary level of reasonable belief. We are therefore providing police officers with a limited power that will allow them to establish reasonable belief by, for instance, having documents translated or cross-checking map references. These provisions will also create appropriate safeguards to protect the rights of the public. As well as the time limit on the retention of documents, items believed to be subject to legal privilege are exempt from examination, any document or record cannot be photographed or copied, and a record must be made of any examination. I believe that the provisions in this draft order will greatly enhance the efficiency and effectiveness of the police across a range of areas and I commend it to the Committee. Moved, That the Grand Committee do report to the House that it has considered the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007.—(Baroness Amos.)