Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 15
15
Accepted in Part
Clarify commission complaint procedures for maladministration and Police Ombudsman's investigative powers over state actors.
Recommendation
The Joint Framework and Troubles Bill partially fill the gap in commission accountability left by the Legacy Act. It is still unclear, however, what procedure there is to complain about maladministration or service failure by the commission. The Government must also clarify whether the powers of the Police Ombudsman for Northern Ireland to investigate a relevant offence apply only to serving PSNI officers; and whether it would be more coherent– and victim-centred–for the commission to investigate all Troubles-related alleged offences of state actors. (Conclusion, Paragraph 101)
Government Response Summary
The government clarified that the ICRIR's public Complaints Handling Policy will remain for the reformed Commission, with statutory provisions for independent performance reviews. It also confirmed PONI's powers apply to current and former PSNI/RUC officers. However, it rejected the idea for the Commission to investigate all Troubles-related offences by state actors, stating it will focus on serious offences as defined by the Bill.
Government Response
Accepted in Part
HM Government
Accepted in Part
The ICRIR has set out its Complaints Handling Policy publicly. The exercise of police powers by ICRIR officers is subject to separate, external oversight arrangements, in line with standard practice for policing powers. Any complaint about the exercise of police powers should be raised through the Police Ombudsman for Northern Ireland or the Independent Office for Police Conduct, as appropriate. These arrangements will as a matter of default remain in place for the reformed Legacy Commission, which will continue to be responsible for its Complaints Handling Policy. Clause 24 of the Troubles Bill creates a statutory provision for an independent person/body to undertake regular scheduled reviews of the performance by the Commission of its functions. Of course, the Bill also puts in place new arrangements to provide accountability for the Commission, including an Oversight Board with an independent, non-executive Chair, to which those responsible for the operational delivery of the Commission’s functions (or failure to do so) are ultimately answerable. Furthermore, the Commission, as a public authority, is subject to public law principles, meaning that decisions that it takes can be legally challenged via judicial review. Clause 70 of the Bill ensures that potential criminal conduct by police officers that is identified by the Commission during the course of an investigation, but falls outside of the definition of offences that it is able to investigate, can be referred to the Police Ombudsman of Northern Ireland for consideration. This provision is not limited to current serving PSNI officers. References to PSNI in legislation are also references to the Royal Ulster Constabulary. The RUC was renamed the PSNI in Police (Northern Ireland) Act 2000, so they are the same body. In terms of the Commission’s investigative remit, this remains unchanged from the Legacy Act. The Commission will investigate serious (i.e. death or serious physical and mental harm) or connected Troubles-related offences as defined by the Bill. Clause 88 of the Troubles Bill will ensure that the relevant police forces will be able to investigate Troubles-related offences that are not considered to be a serious or connected Troubles-related offence. In the Government’s view, this is a proportionate approach that ensures that the Commission is able to focus its resources on the most serious Troubles-related offences, whilst providing an avenue, where necessary, for investigation by relevant police forces or the Police Ombudsman should evidence of other Troubles-related criminal conduct arise. These provisions close an investigative gap created by the Legacy Act.