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Proceeding contribution from Lord Smith of Clifton (Liberal Democrat) in the House of Lords on Tuesday, 27 February 2007. It occurred during Debates on delegated legislation on Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007.


Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007

We, too, broadly welcome the order. However, I should like to raise with the Minister some specific points on staff custody officers and police community support officers. Our primary concern is about the training of such individuals. Can the Minister tell us whether detailed training schemes for each of these new types of officer have been developed yet in Northern Ireland? It is particularly important for PCSOs, who will daily come into contact with the public. Can the Minister reassure us that such individuals will be required to undergo a rigorous programme and that such programmes will include specific training on relationships with young people? Can the Minister also tell us whether she expects PCSOs immediately to exercise all the powers given to them under the order? I am particularly concerned about the power of a PCSO to detain someone. On Regulation 6 and the introduction of civilian staff custody officers, the Minister will know that we Liberal Democrats expressed great concern about the designation of this role during passage of the Serious Organised Crime and Police Act 2005. The custody officer acts as the guarantor of the suspect’s rights and is a major guardian of the standards of the whole system. It is therefore vital that the person exercising the important powers of a custody officer be properly independent and accountable. The police custody officer is accountable as an officer of the Crown. He is subject to police disciplinary procedures. He is expected to resist an illegal order. Civilian staff will be more likely to worry about the consequences for their employment if they act independently. One wants an assurance that this concern will not weigh unduly with them. A police custody officer must hold at least therank of sergeant. A sergeant is an experienced police officer who has years of familiarity with police procedures. By contrast, there is no requirement that the civilian custody officer should have any particular experience or training. A police custody officer—the sergeant—can also use his rank to ensure that the police constables treat suspects correctly and follow the PACE codes of practice. Will a civilian member of staff be able to assert the proper authority of a constable and therefore safeguard suspects’ rights? Can the Minister inform the Committee of the experience of police services in England and Wales that have designated custody officers in this way? Have we learnt anything from the experience over here in England and Wales? We welcome the provisions in Regulation 8. Itis entirely sensible for the medical and vetting procedures to apply only to those who have reached the stage of being in the pool of qualified candidates. This will undoubtedly ensure that the appointment process is conducted more speedily than it is at present. We also welcome the provisions of Regulation 11. Although we raised serious concerns about the double jeopardy provisions of the Criminal Justice Act 2003 when it was proceeding through the House, we recognise that it is necessary to close this potential loophole in regard to police officers by ensuring that the ombudsman is involved.


Secondary information

Type
Proceeding contribution
Reference
689 c122-3GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
Conduct Civilians Intelligence services Northern Ireland Police Powers Recruitment Police Service of Northern Ireland Vetting Security Police Ombudsman for Northern Ireland
Legislation
Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007
Link
View this Proceeding contribution on www.publications.parliament.uk