A major report on Northern Ireland’s policing watchdog has raised questions over its independence and the government’s role in appointing its figurehead.
Police Ombudsman Al Hutchinson's office is also accused of failing to hold police to account over controversial cases from the Troubles and of using procedures that have left it open to accusations of bias.
The review by human rights group the Committee on the Administration of Justice (CAJ) also reveals how two senior figures applied for the post of ombudsman, but missed out amid claims the Government altered the job requirements after they had applied.
The Police Ombudsman's office, a key building block in the peace process, was established in 2000 to boost public confidence by providing independent investigation of complaints against the police.
CAJ deputy director Aideen Gilmore said the report has uncovered "a range of very serious concerns and questions" in relation to the efficiency, effectiveness, independence and transparency of the current office. He said these raise the question of whether the office is fit for purpose in relation to historic investigations.
"CAJ makes a number of detailed recommendations in this report which, if implemented, could go some way towards building much-needed public confidence in the Office of the Police Ombudsman in this regard."
The report findings include:
- Growing unease amongst bereaved families, victims, legal representatives and human rights groups over the handling of historical cases;
- Accusations of "painful and distressing" treatment of families by failing to keep in contact with them, and allowing police to see reports before they were completed, but not allowing families the same access. This has also created
the impression that police may have influence over the outcome;
- The ombudsman's office has failed to define what constitutes police "collusion" in crime. The report details definitions offered by other investigating bodies. But the ombudsman's use of varied definitions of collusion, which have altered from case to case, were found to have left its impartiality open to question;
- Investigations are "agonisingly slow", producing often brief reports. An eight-year investigation into the 1972 IRA bombing of the Co Derry village of Claudy, which killed nine people, produced a 26-page document;
- Ombudsman inquiries into historic cases have resulted in "findings", as opposed to "recommendations" to secure accountability for police failings;
- There are fears the police may have too much control over what intelligence goes to the ombudsman's office, sparking a call for greater transparency;
- The top tier of the ombudsman's office come from policing backgrounds, while international examples recommend a mix of former police and civilian personnel.
In a response, the ombudsman said the report "does not include a balanced view of the issues surrounding the investigation of historical matters, nor reflect the structural changes implemented to allow the office to deal with the doubling of historic cases in the past three years.
"The Police Ombudsman does welcome the CAJ discussion around collusion, even though they do not provide a definition. Last year he said it was time for society to begin a discussion about what collusion is and is not."
Mr Hutchinson, who had previously been employed to oversee policing reforms in Northern Ireland which saw the Royal Ulster Constabulary replaced by the Police Service of Northern Ireland (PSNI), is the second Police Ombudsman. He succeeded the founder of the office Nuala O'Loan.
PA