Much-amended policing Bill nears end of a rough passage

The Police (Northern Ireland) Bill is set to complete its remaining stages in the House of Commons tonight with attention focused…

The Police (Northern Ireland) Bill is set to complete its remaining stages in the House of Commons tonight with attention focused on whether the SDLP will oppose the Bill at third reading.

In a surprise move last month the Deputy First Minister, Mr Seamus Mallon, led his two colleagues, Mr John Hume and Mr Eddie McGrady, into the government lobby to support the second reading of the Bill despite the party's charge that it did not reflect the letter and spirit of the Patten Commission's proposals for the reform of the RUC.

The SDLP has since suffered a number of setbacks during the committee stage of the Bill, most notably on the vexed question of flags and emblems. And a British government/Ulster Unionist deal on the so-called "title deeds" of the service - "incorporating the Royal Ulster Constabulary" into its formal title - prompted the SDLP Chief Whip, Mr McGrady, to oppose the further progress of the Bill at the final sitting of the standing committee last Thursday night.

The government had earlier resisted demands for a four-year timetable for the disbandment of the RUC's full-time reserve; the Minister of State, Mr Adam Ingram, explaining that the timetable had to remain "indeterminate" because of security considerations.

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On Thursday the government also rejected an SDLP amendment prohibiting the flying of the Union flag over police stations and property. The issue of flags and emblems will now be determined by the Northern Secretary after consultation with the policing board, to be established next spring.

However, the British government has made over 60 amendments to its Bill in response to the expressed concerns of the SDLP, Sinn Fein, the Catholic Hierarchy and others.

Confirming these as "60 moves in their direction", the Northern Secretary, Mr Mandelson, said on Saturday: "I think, on that basis, they could be well satisfied that the government has not only listened to their views but acted on them as well."

As the government prepares to take the legislation to the House of Lords, the key changes made or promised are:

Title and Name:

The government has accepted the new clause proposed by Mr Ken Maginnis: "(1) The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

"(2) The body of constables referred to in (1) above shall be styled for operational purposes the `Police Service of Northern Ireland.'.".

The government will today table further amendments extending this to the reserve, and defining "operational purposes" as meaning "all working, public, legal and ceremonial purposes.".

Code of Ethics:

(1) The code is to be drafted by the Chief Constable but subject to final approval by the policing board.

(2) The Police Ombudsman and the Human Rights Commission are to be consulted on the code.

(3) The Code will be incorporated, so far as practicable, in police disciplinary procedures, and serving officers will be bound by it.

(4) The board is to provide ongoing assessment of the effectiveness of the code in promoting standards of conduct and practice in the police.

Policing Board:

(1) The First and Deputy First Ministers are to be consulted on appointments of independent members.

(2) The majority required for a decision to hold an inquiry is to be 10 (of 19).

(3) Provision to be made for 10 to 12 meetings to be held in public each year.

(4) The board is to approve and issue the police training, education and development strategy.

Reports and Inquiry:

(1) The grounds for the Chief Constable to refer to the Secretary of State requests from the board for a report have been reduced, with those relating to a matter already being investigated by a statutory body, or likely to prejudice the administration of justice, being removed. The basis on which the Chief Constable can refer a decision by the board to order an inquiry has similarly been narrowed.

(2) Where the Chief Constable asks the Secretary of State to exempt him from a board request for a report, the Secretary of State must make his decision within a month, or such longer period as the board agrees.

(3) The same rule (above) applies where the Chief Constable asks the Secretary of State to overrule a board decision to hold an inquiry.

(4) The Police Ombudsman is to be notified of decisions by the board to order an inquiry, and to receive copies of inquiry reports.

(5) The Secretary of State's power to halt an ongoing inquiry will be removed.

(6) The Secretary of State's power to direct that an inquiry should not be held, if considered not in the interests of the efficiency or effectiveness of the police service, has been removed, to be replaced with power enabling him to rule out an inquiry on grounds that it is "repetitious or vexatious".

(7) The board, not the Secretary of State, will publish reports or summaries of inquiries.

District Policing Partnerships:

(1) The Police Ombudsman will also be consulted by the Secretary of State before determining or revising his policing objectives, and likewise by the policing board.

General Functions of the Police Service:

(1) As far as practicable, police officers will carry out functions "in co-operation with, and with aim of securing support of" local communities.

(2) The oath for new recruits will accord equal respect to lawful "traditions and beliefs" of individuals, with serving officers tied to the new oath without being required to reattest.

(3) There is provision for 55-50 recruitment to be "aggregated" over a three-year period, while the 10-year limit for 50-50 recruitment has been removed.

(4) 50-50 provisions will apply where six police support staff posts at the same level are to be filled, with the ability to vary the number where there are difficulties.

(5) The Equality Commission is to be added as statutory consultee on recruitment regulations.

(6) Opus Dei and the Knights of St Columbanus to be added to the list of registrable associations.

(7) There will be changes to the disclosure and offence aspects of the registration of association provisions.

(8) The Police Ombudsman will be added to those consulted on the Secretary of State's guidance on public order equipment.

Police Ombudsman:

(1) The word "reasonably" is to be removed from the clause enabling access to information and documents.

(2) The Ombudsman is to be enabled to reveal the identity of individuals in her reports to the Chief Constable and the board, when it is in the public interest to do so.

(3) Regulations have been tabled setting out circumstances in which retrospection will be permitted.

(4) Consideration is being given to new provision enabling the Ombudsman to use mediation to resolve disputes.

Oversight Commissioner:

This post is to be put on a statutory basis.

MPs will tonight be asked to approve a timetable (guillotine) motion restricting time for debate on the report and the remaining stages of the Bill before it goes to the Lords.

The unionist people were being "betrayed" if the government went ahead with plans to drop the name "RUC" from the "day to day" running of the Northern Irish Police Service, said the deputy leader of the Ulster Unionist Party, Mr John Taylor.