New clause 4 - Protected disclosures by police officers
Police (Northern Ireland) Bill [Lords]
10:30 am
Ms Jane Kennedy (Minister of State, Northern Ireland Office; Liverpool, Wavertree, Labour)
The purpose of the new clause, together with the consequential amendments that repeal the provisions of the Employment Rights (Northern Ireland) Order 1996 and those of the Public Interest Disclosure (Northern Ireland) Order 1998 in schedule 3, is to afford protection to police officers who make protected disclosures. The new clause, which is supported by the Chief Constable and the ombudsman, replicates provisions in the Police Reform Act 2002. Subsection (1) provides that for the purposes of the 1996 order, relating to protected disclosures, police officers will be deemed to be employed by the Chief Constable under a contract of employment. Subsection (2) has the effect that the protected disclosure provisions in the 1996 order will apply to persons engaged in the police service under a contract of employment. The new clause provides for these provisions to be commenced by order.
A protected disclosure includes disclosures that a criminal offence has been committed, that a person has failed to comply with a legal obligation to which he or she is subject or that there has been a miscarriage of
justice. In the context of police conduct, protected disclosures would include disclosures that an officer had breached the code of ethics. The purpose of these changes is to ensure that police officers and trainees will be able to report wrongdoing by other police officers with the assurance of the full protection of the law if they are subsequently discriminated against or suffer detriment. In such circumstances, they would be able to make claim to an industrial tribunal. Amendments Nos. 83 to 87 contain consequential amendments. I hope that this is an uncontroversial measure and that it will be given a fair wind.
Question put and agreed to.
Clause read a Second time, and added to the Bill.