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Justice and Security (Northern Ireland) Bill

My Lords, the last part of my last answer answered part of what the noble and learned Lord asked: the ombudsman cannot dismiss the Secretary of State’s guidance. He has a statutory duty to have regard to that and he must show that he has taken it into account. I fully accept the noble and learned Lord’s point about ombudsmen. The whole point is that they are independent. However, it is not necessarily the case that you have to prove your independence in order to go beyond the remit. There is massive public confidence in the performance of the Police Ombudsman for Northern Ireland, as shown by the results of the survey released last December. I shall not go over all the figures but the vast majority of Catholics and Protestants have massive confidence in the police ombudsman. Indeed, 85 per cent of officers who responded to a separate survey believed that they had been treated fairly by the ombudsman’s office. That does not mean that the system is perfect, but no one would expect 100 per cent satisfaction. However, issues have been raised during the present period, which is highly sensitive but also very positive, that have caused the Secretary of State to have regard to, and take advice on, this matter. The situation is ongoing. As everyone knows, a new ombudsman will be appointed later this year. I have been told that the advertisement has already appeared, although I have not yet seen it. As and when the appointment takes place, it is very important that the ombudsman knows clearly what job he is expected to do and what the limitations and boundaries are that, none the less, do not fetter his inquiries as a police ombudsman. However, the fact is that he is not the security services ombudsman. Everyone understands that; I cannot spell it out any more.