Clause 18 - Provision of information to Board
Police (Northern Ireland) Bill [Lords]
8:55 am
I beg to move amendment No. 96, in
clause 18, page 11, line 35, after 'information', insert 'and documents'.
This is a fairly straightforward amendment that would benefit the board. In many ways, it was motivated by board experience. When there was controversy about the report into the investigation of the Omagh murders, the board requested sight of the outcome of the inquiry, which had not been conducted within the Police Service. It will probably be known forever as the McVicker report. It was a commentary on the Police Service.
The notion that the board would have access to such information was resisted for a considerable time. Eventually, quite rightly, the board obtained it. The board subsequently made a request for information. The amendment reflects that request. Information alone is not adequate because it would be constrained by the safeguards that we have already discussed—national security matters, sensitive personnel matters or those likely to prejudice cases.
The board also has a right to documents. The drafting of the clause cannot be regarded as an oversight because the police ombudsman, under section 66 of the 2000 Act, has the right to both information and documents. It is only proper for the board to have the right to information and documents, and I see no reason why it should not, given the nature
of its role. Nor can it be argued that it is dangerous to give the board the right to documents. We have heard many examples of apprehension about making information available, which I understand. However, if this clause 18 and other clauses are going to work, and if the board is going to make decisions and recommendations, it should be in possession of all the facts.
It should be trusted to exercise its powers responsibly, as it has done to date. Indeed, within the Bill there is a proposal for a special committee procedure for dealing with sensitive information. I repeat that there are the Patten recommendations relating to the grounds on which a request for information and, by extension, documents could be refused. I believe that the amendment respects all those concerns; that, from the board's point of view, it makes sense; and that it contains the protections and safeguards that are required.