New clause 5 - Time limit on investigations by the Ombudsman
Police (Northern Ireland) Bill [Lords]
3:15 pm
Ms Jane Kennedy (Minister of State, Northern Ireland Office; Liverpool, Wavertree, Labour)
We do not accept the need for new clause 5, because the point is already covered in regulations. The general principle, set out in the RUC (Complaints etc) Regulations 2001, is that it is a requirement that a complaint is about the conduct of a member of the police service
''which took place not more than 12 months before the date on which the complaint is made.''
However, there are three exceptions to that general principle, and those three exceptions, where they are demonstrated, allow the ombudsman to investigate an allegation of an incident that may have taken place some time previous to that 12 months.
It might assist the Committee if I briefly spell out the three exceptions. First, if there has been a delay in complaining, if it appears that a criminal or disciplinary offence has been committed or if the complaint is not the same or substantially the same as a previous one, the ombudsman may investigate if she considers that justified by exceptional circumstances or the gravity of the matter. Secondly, she may take on a case even if it has been dealt with before if there is new evidence and it appears that a criminal or disciplinary offence has been committed, and, again, that the matter is grave or exceptional.
Thirdly, even if the grave or exceptional test is not met, the ombudsman may take on a case where she believes that the officer may have committed a criminal offence if the complaint has not been dealt with before or if new evidence has come to light. The proposal tabled by the right hon. Member for Upper Bann would remove those exceptions. Investigations, therefore, are already confined to complaints about incidents that are no more than 12 months old, unless the exceptions apply.
The great value of the office of the police ombudsman is to build confidence in the police service of today, not continually to rake over the coals of the past. The right hon. Gentleman is right on that point. From my contact with the ombudsman, I believe that she shares that view. The office is not a truth commission. It is, however, a mechanism for ensuring the proper investigation of complaints and for ensuring transparency and justice.
I know that the ombudsman and her staff fully recognise the vital role that they have to play by securing the confidence of the public and of members of the police service. It is appropriate to pay tribute to
the work of the ombudsman's staff in successfully operating a completely new and independent police complaints system that has been functioning for just over two years.
The Government agree with the general principle articulated in new clause 5. Indeed, it has already been established in regulations, but the principle is in the regulations, subject to the exceptions, which we believe are important. Therefore, we do not believe that the amendment is appropriate or necessary.