Police (Northern Ireland) Bill

Part of the debate – in the House of Lords at 6:15 pm on 25 October 2000.

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Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Minister of State, Cabinet Office 6:15, 25 October 2000

In moving Amendment No. 219, perhaps I may also deal with a number of other amendments in this group which are associated with government amendments.

The Police Ombudsman asked the Government to include a provision in the Bill to enable her to attempt to resolve complaints through mediation. She agreed the approach with a number of people, including Maurice Hayes, the author of the report which led to the establishment of her office, the Chief Constable and police staff associations. It is a sensible provision aimed at addressing as quickly and at as low a level as possible complaints which are not criminal or otherwise serious. In order to use mediation, the ombudsman must first obtain the agreement of the complainant and the officer concerned.

My noble friend Lord Desai tabled Amendments Nos. 220 and 221. With the Committee's permission, I should like to deal with those along with the related Amendment No. 222 in the name of the noble and learned Lord, Lord Archer, and government Amendment No. 222A. Amendments Nos. 220, 221 and 222 would enable the ombudsman to investigate police policies and practices. The Government do not accept that the ombudsman should have a roving role in commenting on such issues, and they do not believe that that is what Patten intended.

Furthermore, the Government see such an approach as inappropriate, given that it is the role of the policing board and not the ombudsman to deal with police policies and practices. The ombudsman's primary function is to investigate police conduct.

Nevertheless, taking account of concern in that area, the Government introduced Amendment No. 222A, which will enable the ombudsman to conduct research into reporting on policies and practices arising from her investigations into complaints. That is a sensible provision which I know the ombudsman will welcome.

I ask the noble Lord, Lord Desai, not to move Amendments Nos. 220 and 221, and I ask the noble and learned Lord, Lord Archer of Sandwell, not to move Amendment No. 222 as I shall be moving Amendment No. 222A at the appropriate moment.

Perhaps I may deal with Amendment No. 223 in the names of the noble and learned Lord, Lord Archer of Sandwell, the noble Baroness, Lady Harris, and the noble Lord, Lord Smith. When considered from the point of view of the policing board, that amendment appears most attractive. Of course, the Government must look at it from a number of different angles, including that of the ombudsman. There are a number of important points to be made. First, the board and the ombudsman are both independent bodies. Secondly, the ombudsman is already required to supply information to the board together with other general information which she considers should be brought to the board's attention under Clause 61. The current provision appears to be reasonable and sensible and, again, I ask for the amendment not to be pursued.

Government Amendment No. 223A deals with the recently enacted Regulation of Investigatory Powers Act 2000. It enables the Secretary of State to make regulations covering the relationship between the Regulation of Investigatory Powers Act Tribunal, which considers complaints under the 2000 Act, and the Police Ombudsman. The ombudsman is content with the provision, as are the police. The regulations would naturally be subject to consultation with the ombudsman. At this stage I shall not deal with Amendment No. 224 in the name of my noble friend Lord Desai. I beg to move.