Clause 35 - Police complaints
Justice (Northern Ireland) Bill
5:30 pm

Photo of Lady Lady Hermon

Lady Lady Hermon (North Down, UUP)

The hon. Gentleman has kindly outlined why he would prefer a duty to a discretion with reference to the review. Section 55 of the Police (Northern Ireland) Act 1998, which the clause amends,

not only treats the Secretary of State's power as discretionary, but states that matters should be referred to the ombudsman

''if, after consultation with the Ombudsman and the Chief Constable, it appears to the Authority or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.''

That section requires a consultation process. Will the hon. Gentleman tell the Committee why such a process is omitted from his amendment?

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