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Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007

I recognise the strength of feeling around policing issues in Northern Ireland. They remain a highly sensitive area, and are compounded by the fact that, because of the size of the population, everyone in Northern Ireland who operates in the public service tends to know everyone else and has a particular view about the ways in which that service is conducted. However, it is important to accept that the ombudsman met fully the competencies of the post and was appointed on merit. That does not mean that there should be no discussion of any issues or concerns requiring debate, but it is important that such discussions are conducted openly, transparently and in a way that is not personal. We all have a role to play in supporting transparency and accountability in Northern Ireland. A number of noble Lords have talked about the Police Ombudsman this afternoon. It is important to make a couple of things very clear. First, the police in Great Britain are also subject to the double jeopardy provisions, so this is not specific to Northern Ireland: these provisions are for everyone, including the police in Great Britain. On the question of who investigates, the Chief Constable investigates in Northern Ireland in the case of civilians. I also confirm that there is no time limit in respect of these issues, but the person to be retried must be capable of getting a fair trial. That is decided by the Court of Appeal in Northern Ireland, as it is in England and Wales. So the order puts no new or specific provisions in place for Northern Ireland. Instead, it is bringing provision in Northern Ireland in line with that in England and Wales. The Police Ombudsman is the only legitimate authority for investigating police suspected of serious crimes, so the provisions to address double jeopardy will provide only the powers that are currently available to the Chief Constable. On the importance of reviewing those powers, the Government consistently monitor the powers of the Police Ombudsman, and will continue to do so. As I said, the Article provides the Police Ombudsman with the same powers as the Chief Constable to make an application to the Directorof Public Prosecutions to reinvestigate in certain circumstances persons acquitted of a qualifying offence. In the Police Ombudsman’s case, that power would be used where police officers were previously acquitted. Some cases already require reinvestigation by the ombudsman, and have either been forwarded by the Chief Constable or are reinvestigated where a complaint has already been received. The straight answer to the question whether this gives the Police Ombudsman additional powers isno. The Police Ombudsman is the only legitimate authority for investigating alleged criminal conduct by police officers. The Police Ombudsman therefore requires this statutory provision to ensure that she can fulfil her role of investigating police officers acquitted of a serious crime when new and compelling evidence has emerged. In essence, the provisions ensure that a common and equitable approach is adopted to the closure of all cases that require reinvestigation, regardless of whether they are conducted by the Chief Constable or the Police Ombudsman. Some wider questions were asked about the role of the Police Ombudsman and about whether there would be additional resources for her as a result of this work. Evaluation of the budgetary needs of the Police Ombudsman for Northern Ireland is an ongoing process through assessment of annual budgetary estimates and programmes submitted by the office and in-year monitoring of expenditure in keeping with public expenditure accountability processes and requirements. Any additional costs would be subject to a detailed business case being made. The noble Lord, Lord Maginnis, asked a number of questions about the detail of the McCord Report. Given the Police Ombudsman’s independent status, I do not think it appropriate for the Government to comment on how the ombudsman conducted her report or on specific details and points of the investigation. The Government are, however, concerned about the issues of collusion identified in the report. We support the Police Ombudsman and the Chief Constable in their proposals to address those concerns, and we are confident that appropriate and fair action will be taken to reinvestigate cases when new and compelling evidence comes to light. We of course recognise that final consent to reinvestigation will be made by the Director of Public Prosecutions. I appreciate that the retired police officers’ association has many concerns about how the ombudsman conducted the investigation and understand that a detailed report on those concerns may be forthcoming.