Police (Northern Ireland) Bill

Part of the debate – in the House of Lords at 6:30 pm on 25 October 2000.

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Photo of Lord Rogan Lord Rogan UUP 6:30, 25 October 2000

I,too, wish to speak to Amendment No. 223. Its effect would enable the board to have sufficient information to adequately carry out the functions ascribed to it in Clause 3 of the Bill, in particular subsection (3)(c)(i).

The board must,

"keep itself informed [about] ... (police complaints and disciplinary proceedings) and trends and patterns".

It is my contention that pure statistical information for which the legislation provides between the ombudsman and the board, would not enable it to fulfil those obligations. While one could live in hope that the ombudsman would be generous in the supply of other information, as is common practice in Great Britain, I am anxious that that should happen in reality. My concern rests on the fact that Section 61(7) of the Police (Northern Ireland) Act 1998 provided for,

"statistical or other general information", the latter may now only be provided at the discretion of the ombudsman.

I shall be grateful for the views of the noble and learned Lord, Lord Falconer, on how he sees the police board being able to fulfil the duties I outlined if it only has statistical information. Does he not agree that the board, in order properly to keep itself informed about the workings of the complaints and disciplinary proceedings, needs access to examine completed case files? That has certainly been the experience of the complaints monitoring committee of the current Police Authority for Northern Ireland.

Surely by not requiring the ombudsman to supply other information in effect renders the ombudsman less accountable and less transparent. I am keen to know why the legislation has been drafted so that the ombudsman is the sole determiner of what information the board will and will not need to carry out its duties effectively. I appreciate that that is how the 1998 Act was worded. But I should have thought that it makes a nonsense of openness and accountability and that this opportunity to rectify the legislation should be taken.

If this argument were to be followed through, then Clause 63 would require amendment to enable the board and the Chief Constable to determine the access to be afforded to the ombudsman in the exercise of her duties. For those reasons I ask the Minister to give Amendment No. 233 serious consideration.