Foundations for Policing: Proposals for Policing Structures in Northern Ireland - Annexes

In 1977 the arrangements for dealing with complaints against police were reformed by the creation of an independent body to oversee complaints. This body was then replaced in 1987 on the creation of the Independent Commission for Police Complaints which has wider ranging powers. Currently, these are being further enhanced [1]. An independent review of the whole police complaints system is under way.

The legislation[2] setting out the powers of the police in the investigation of crime and presentation of evidence in criminal proceedings has recently been amended'. The 1990 PACE Codes of Practice on the exercise of these powers have been reviewed in the light of the amendments and also because of the recommendations on this area in the Report by the Royal Commission on Criminal Justice in July 1993 [3]. After extensive consultation the Codes have been amended, including additional safeguards for suspects in police custody.

Following the report of the Sheehy Inquiry[4], the Government has introduced a number of personnel management reforms including fixed term appointments for senior officers.

The Government is making amendments to the RUCs disciplinary arrangements' which will improve the flexibility and effectiveness of disciplinary procedures. More modern personnel practices will be used by the police and there will be a new mechanism for dealing with poor performance or failure to meet acceptable standards as well as simplified procedures for dealing with instances of misconduct.

An independent review of the need for the continuance of emergency legislation in Northern Ireland and the need for counter-terrorism legislation in the United Kingdom as a whole is being undertaken. The review is being led by the Rt Hon Lord Lloyd of Berwick assisted by Mr Justice Kerr, who is acting as adviser on Northern Ireland matters. The Home Secretary and the Secretary of State have invited Lord Lloyd to consider the future need for specific counter-terrorism legislation in the United Kingdom if a cessation of terrorism connected with the affairs of Northern Ireland leads to a lasting peace, taking into account the threat from other kinds of terrorism and the UK's obligations under international law; and to make recommendations.

Notes:
[1] Through the Police (Amendment) (Northern Ireland) Order 1995
[2] The Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE)
[3] Command 2263
[4] Command 2280

(1) The Secretary of State

The Secretary of State will have overall responsibility for law and order, specific responsibility for security policy and be responsible for maintaining the statutory framework for policing, including the police complaints system.

The Secretary of State will:

(a) set, in consultation with the Chief Constable and PANI, the Government's objectives and performance indicators for the police service;

(b) endorse the annual policing plan, once approved by PANI;

(c) review progress towards objectives;

(d) ensure adequate external inspection and audit of the police service, for example, by appointing HMIC to secure a professional assessment of the efficiency and effectiveness of the police;

(e) require PANI or the Chief Constable to take appropriate action if an HMIC report were to conclude that the RUC was, or was about to be, inefficient or ineffective; and

(f) call for ad hoc reports, from the Chief Constable and the Police Authority as necessary.

The Secretary of State will:

(a) determine and provide the Police Grant; fund PANI and the Independent Commission for Police Complaints; and fund the RUC's share of Common Police Services eg Interpol and the National Criminal Intelligence Service;

(b) monitor financial spend against budget; and

(c) issue financial instructions and guidance.

The Secretary of State will:

(a) appoint the membership of the Police Authority;

(b) approve the appointment of the Chief Constable and if necessary require PANI to call upon him to retire in the interests of efficiency or effectiveness;

(c) approve the appointment of officers of ACC rank or above; and

(d) appoint the Members of the Independent Commission for Police Complaints.

The Secretary of State will issue guidance on policing matters and on best policing practice.

(2) The Chief Constable

The Chief Constable will remain responsible for the direction and control of the police force and will advise the Secretary of State on security matters.

In addition the Chief Constable will be required to:

(a) have regard to the objectives set by the Secretary of State and PANI for the police service in his control and direction of the force, and in the development and implementation of his strategic and annual policing plans;

(b) consult, as appropriate, with the Government, PANI, other criminal justice agencies, and the wider community in the development and implementation of policing plans; and

(c) consult the Secretary of State, and have regard to his views, on matters of national security, or where there is a public interest.

The Chief Constable will:

(a) prepare and publish three to five year strategic policing plans reflecting the stated objectives of the Secretary of State and PANI for the provision of policing services;

(b) prepare annual policing plans, having regard to the set objectives, and submit them for approval by the Police Authority and the Secretary of State;

(c) produce and publish an Annual Report to the Secretary of State and PANI on policing; and

(d) produce regular reports on progress towards targets and objectives, and ad hoc reports [5] when required to do so by the Secretary of State or the Police Authority, discuss these with the Secretary of State or PANI, as appropriate, and explain significant deviations from the annual policing plan to PANI as soon as practicable.

The Chief Constable will be responsible for management of all policing resources within his delegated authority.

The Chief Constable will be required to exercise his financial management responsibilities subject to instructions drawn up by the Secretary of State and PANI. In doing so he will:

(a) consult PANI, and have regard to its views, about any potentially controversial development of the police estate or purchase of equipment, goods or services;

(b) provide detailed reports [5] , in accordance with finance instructions, to PANI and the Secretary of State on financial expenditure; and

(c) notify and explain to PANI any changes which impact significantly on the published annual policing plan.

The Chief Constable will be responsible for direction and control of police officers and civilian support staff.

The Police Authority for Northern Ireland

The major responsibilities of PANI will be to:

(a) provide an interface between the community and the police so as to reflect the community's policing desires and expectations;

(b) oversee police service delivery;

(c) hold the Chief Constable to account for the policing service provided to the community; and thus

(d) secure the maintenance of an effective and efficient police service.

PANI will have a responsibility systematically to obtain the views of the community; make these known to the Chief Constable and the Secretary of State, and:

(a) in consultation with the Secretary of State, the Chief Constable and the community, to establish objectives for the provision of police services, having regard to the likely availability of resources and on the basis of the views and data obtained through consultation;

(b) assess, approve and publish (after endorsement by the Secretary of State) the Chief Constable's annual policing plans;

(c) review and report on progress to the Secretary of State and the community, on the achievement of policing performance against the objectives and targets as set out in the annual policing plan; and

(d) publish an Annual Report

PANI will take delivery of the Police Grant but delegate the day to day management to the Chief Constable; it will then hold the Chief Constable to account on behalf of the community by monitoring financial expenditure against the agreed objectives.

PANI will be responsible for appointing, setting the pay and disciplining officers of the rank of ACC and above, subject to the approval of the Secretary of State, and the Police Negotiating Board pay process.

This will include the power to call upon the Chief Constable to retire in the interests of efficiency or effectiveness, subject to the approval of the Secretary of State.

PANI will be a consuitee on:

a) public order

b) police buildings; and

c) potentially controversial purchases of equipment, goods or services.

PANI will also be responsible for:

a) maintaining a network of statutory-based CPLCs and facilitating initiatives to prevent crime;

b) maintaining a lay-visitor scheme;

c) keeping itself informed of the operation of the police complaints system including the handling of expressions of dissatisfaction about standards of police service and performance; and civil claims against the Chief Constable; (the conclusions of the current complaints review may have a bearing on this); and

d) in consultation with the Secretary of State and Chief Constable, sponsoring and publishing research into policing issues.

Notes:
[5] Requests for reports by, or the provision of other material to, the Police Authority may be referred by the Chief Constable to the Secretary of State, if he believes the information ought not to be disclosed, on grounds of national security or public interest. (s.1 5 of the Police Act (NI) 1970)