Section 34: Exercise of Functions of the Chief Constable in Cases of Absence etc

51.     Replaces section 20 of the 1998 Act with modification. It provides for there to be a Deputy Chief Constable and for the DCC to carry out the Chief Constable's functions in his absence.

Section 35: Appointment and Removal of Senior Officers

52.     This section replaces section 21 of the 1998 Act and provides for the Board to appoint the Chief Constable and other senior police officers (Assistant Chief Constable and above), subject to the approval of the Secretary of State. Subsection(3) enables the Board to call upon any senior officer to retire in the interests of efficiency and effectiveness with the approval of the Secretary of State. The Secretary of State can require the Board to exercise this power in respect of the Chief Constable.

Sections 36, 37 and 39-41: Appointment and promotion of police officers

53.     These sections make provision for the appointment of police officers below the rank of Assistant Chief Constable. The Chief Constable will continue to appoint and promote all such police officers (section 36) and reserve officers (section 37) in accordance with any regulations made by the Secretary of State. Sections 39, 40 and 41 deal with a new category of "trainee" police officers. The creation of trainees is a consequence of the Patten Report's recommendation that recruits to the police should be attested as constables - and so acquire the powers of a constable - only upon successful completion of their recruit training. Under previous legislation (section 24 of the 1998 Act) recruits became constables immediately upon appointment before they had undertaken any training as a police officer. Subsection (3) of section 36 requires that no one may be appointed as a constable unless they have completed recruit training. A similar requirement is made in respect of reserve officers under section 37. Section 41 applies to trainee officers certain provisions which relate to police officers, such as the Chief Constable's liability for wrongful acts and the prohibition on membership of trade unions, to trainee officer. It also enables the Secretary of State to make regulations for the terms and conditions of trainee officers.

Section 38: Attestation of Constables

54.     Section 38 provides for a new form of the declaration made by recruits on appointment to the police on completion of their training. The section replaces section 24 and Schedule 2 of the 1998 Act. The new declaration contains references to upholding human rights and according equal respect to all individuals and their traditions and beliefs (provided these are lawful). As under the 1998 Act, recruits assume the powers of a constable upon making the declaration but new provisions (see above) require that they successfully complete their training first. The section also requires the Chief Constable to bring the terms of declaration to the attention of all serving officers, and to ensure that they understand it and the need to carry out their duties in accordance with it.

Section 42: Police Cadets

55.     This section enables police cadets to be appointed by the Board, with the approval of the Chief Constable.

Sections 43, 44 and 45: Recruitment Arrangements

56.     The Patten Report recommended that, while the Chief Constable should remain responsible and accountable for recruitment, the technical work of recruitment should be contracted out to an outside agency. Section 43 gives effect to this recommendation by enabling the Chief Constable to appoint an agent to carry out the recruitment of police officers and police support staff in accordance with any regulations made by the Secretary of State. The Secretary of State must consult the Chief Constable, the Board, the Equality Commission and the Police Association on the regulations. Subsection (4) of section 43 makes it clear that the Chief Constable retains overall liability for the recruitment process.

57.     Detailed matters concerning the recruitment process will be set out in regulations made by the Secretary of State under Subsection (1) of section 44. The Secretary of State must consult as under section 43. Subsection (3) of section 44 sets out matters which must be covered in the regulations, including the involvement of lay representatives in the recruitment process and the review of decisions to reject candidates. Subsections (5), (6) and (7) require that the regulations provide for pools of qualified candidates for the police service and its support staff to be selected. Candidates for the police service (at constable level) will be selected from a pool for the purposes of appointment under section 46(1) (see below). In respect of police support staff, only where there are 6 or more posts of a similar nature and level to be filled at about the same time will selection be from a pool for the purposes of appointment in accordance with section 46(5) (see below).

Sections 45, 46 and 47: Temporary Provisions Concerning Composition of the Police

58.     The Patten Report recommended exceptional recruitment measures to address imbalances in the religious background of the membership of the police and police support staff. The Report said that candidates should reach a specified standard of merit and be selected from a qualified pool on the basis that one half would be Catholics. Sections 46 and 47 give effect to the Report's recommendations.

59.     Section 46(1) and (5) requires the Chief Constable to appoint from a pool of qualified candidates for the police and its support staff (where there are 6 or more vacancies) an even number of candidates one half of whom are to be treated as Roman Catholic and one half not ("50:50 recruitment"). Subsections (2), (3), (6) and (7) provide for the Secretary of State, after consulting the Board and the Chief Constable, to make an order modifying the 50:50 recruitment provisions for police trainees and police support staff where insufficient numbers of qualified candidates of one community background have come forward to fill one half of the vacancies; and, in the case of police trainees, for the purpose of redressing any imbalance arising where one or more such orders have been made in the previous three years. Subsection (4) limits the Secretary of State's order-making power to "aggregate" recruitment quotas under subsection (3)(b) to 75% of either community. Subsections (8) and (9) apply existing fair employment monitoring procedures for the purpose of determining perceived community background. Subsections (10) and (11) amend fair employment and race relations legislation to except selection from the pool of qualified candidates on the 50:50 basis of perceived community background. The amendment to fair employment legislation also excepts local recruitment of Part Time Reserve members of the police from being unlawful under the terms of the Fair Employment and Treatment (Northern Ireland) Order 1998.

60.     Section 45 provides for the appointment of suitably qualified police officers from forces outside Northern Ireland. It obliges the Board, in the case of senior officers, and the Chief Constable, in relation to other ranks, to encourage such applications. In doing so the Board and the Chief Constable must have regard to the progress that has been made towards making the police service representative of the community in Northern Ireland.

61.     Section 47 provides that the exceptional measures concerning the composition of the police and its support staff will expire on the third anniversary of their coming into force unless they are specifically renewed by an order made by the Secretary of State. In deciding whether the provisions should be renewed the Secretary of State must take account of the progress which has been made towards securing that membership of the police and police support staff is representative of the community in Northern Ireland. The Secretary of State must consult the Policing Board before making an order.

Section 48: Action Plans

62.     Section 48 requires the Board to make an action plan for monitoring and increasing the number of women working in policing. The Board may request the Chief Constable to provide a draft plan in respect of the police and is obliged to consult the Equality Commission for Northern Ireland, the Secretary of State and the Chief Constable before issuing a plan.

Section 49: Severance Arrangements

63.     The Patten Report envisages a reduction in the overall size of the regular police service from 8400 officers to 7500. To achieve this reduction and to enable recruitment, approximately 4500 officers will leave the police over a 10-year period. The Full Time Reserve (2500 officers) will be phased out. Section 49 provides for the Secretary of State to make special provision in pensions regulations to provide for the introduction of a temporary voluntary, early retirement and early severance scheme. The voluntary scheme will apply to all members of the Royal Ulster Constabulary and Royal Ulster Constabulary Reserve who joined the police force before 1 July 1995. The scheme offers enhancements to existing pension arrangements and special compensatory lump sums. These provisions will not be subject to consultation with the Police Negotiation Board.

Section 50: Service by Members of the Police Service Reserve of Northern Ireland with Other Services

64.     This section makes an amendment to section 27 of the 1998 Act. That section deals with the terms and conditions of police officers while engaged in police services outside the Royal Ulster Constabulary. Hitherto the section only provided for regular members of the Royal Ulster Constabulary to engage in such service. The amendment to section 27 allows reservists also to participate.

Section 51: Notifiable Memberships

65.     Under this section the Chief Constable will require each member of the police force to inform him of any "notifiable membership" he believes he has. A notifiable membership is defined as membership of an organisation which might reasonably be regarded as affecting a police officer's ability to discharge his duties effectively and impartially (subsection (1)). The Chief Constable may provide guidance to police officers on notifiable memberships, after consulting the Board, the Secretary of State and the Northern Ireland Human Rights Commission.

66.     The section places safeguards on the handling and disclosure of information provided to the Chief Constable. Subsection (10) provides for an offence of wrongful disclosure. Information will be made available, on request, to the Police Ombudsman and statistical information must be published by the Chief Constable in his annual report.

Section 52: Code of Ethics

67.     This section requires the Board to issue, following consultation, a code of ethics for laying down standards of conduct and practice for police officers and making officers aware of the rights and obligations arising out of the European Convention of Human Rights. The code will be drafted by the Chief Constable for the Board's approval. In preparing the code both the Board and the Chief Constable are required to have regard to the terms of the declaration made by constables under section 38. The Chief Constable is required to take steps to ensure that all officers have read and understood the Code (subsection (8)). The Board will keep those steps under review (subsection (9)). The Secretary of State must, so far as practicable, ensure the provisions of the code are reflected in police conduct regulations (subsection (10)).

Section 53: Guidance on Public Order Equipment

68.     This section allows the Secretary of State, after consulting the Board, the Chief Constable, the Ombudsman and the Police Association, to issue guidance to members of the police on the use of public order equipment. The section is, in particular, intended to allow the Secretary of State to issue guidance on the use of plastic baton rounds. Any guidance issued is to be published.

Section 54: Regulation as to Emblems and Flags

69.     Section 54 enables the Secretary of State to make regulations governing the design and use of emblems and flags for policing. Before issuing such regulations he must consult the Board, the Chief Constable, the Police Association and any other person or body appearing to him to have an interest in the matter.

Section 55: Identification of Police Officers

70.     Section 55 requires the Chief Constable to make arrangements for police officers to have a unique identification number which should be clearly visible while they are in uniform.

Section 56: Co-operation with the Garda Siochana

71.     Section 56 requires the Board and the Chief Constable to implement any arrangements for cross border co-operation between the police and the Garda Siochana which are agreed between the British and Irish Governments.

PART VII: REPORTS AND INQUIRIES

Section 57: Annual and Other Reports by Board to Secretary of State

72.     Section 57 replaces section 47 of the 1998 Act and requires the Board to issue an annual report and report to the Secretary of State as required. Subsection (2) requires the Board's annual report to include an assessment of its general functions under section 3.

Section 58: Annual Report by Chief Constable to the Board

73.     Section 58 replaces section 48 (in part) of the 1998 Act and requires the Chief Constable to publish an annual report.

Section 59: General Duty of Chief Constable to Report to the Board

74.     Section 59 requires the Chief Constable to submit to the Board a report on any policing matter at the request of the Board. Under Schedule 1, paragraph 17(6) and (7), the Board must determine, publish and comply with procedures for exercising its power to call for reports under section 59(1). The Chief Constable can refer to the Secretary of State requests by the Board for reports dealing with national security, sensitive personal matters, ongoing court cases, or matters which would prejudice the prevention or detection of crime (subsection (3)). In these cases the Secretary of State is required to determine, within 30 days, whether the Chief Constable should provide a report to the Board.

Section 60: Inquiry by Board Following Report by Chief Constable

75.     This section introduces a new power recommended by the Patten Report, enabling the Board to order an inquiry into any matter upon which it has received a report if it considers the matter, or any related matter in the report, is grave or there are exceptional circumstances. A decision to hold an inquiry requires the support of a majority of members, as does the appointment of an inquirer (paragraph 18 of Schedule 1). Members must be notified in advance of any meeting where an inquiry is under consideration. The Board must inform the Chief Constable, the Police Ombudsman and the Secretary of State if it intends to hold an inquiry. The Chief Constable can refer the Board's proposal for an inquiry to the Secretary of State on the same grounds as under section 59(3) (reports). The Secretary of State may overrule the Board, within 30days, only on one of those grounds (subsection (5)).

76.     The Board can ask specified statutory agencies to carry out an inquiry. Alternatively, it may ask any other person to conduct an inquiry, but only with the agreement of the Secretary of State (subsections (6)-(9)). Inquiries are to be held in public except where it is not in the public interest to do so (subsection (10)). Inquiries cannot deal with acts or omissions which occurred before the coming into force of section 60 except where consideration of pre-commencement matters is necessary to inform the main subject matter of the inquiry (subsections (11) and (12)). The Board is required to send a copy of the report of any inquiry to the Chief Constable, the Ombudsman and the Secretary of State.

Section 61: Reports by Chief Constable to Secretary of State

77.     Section 61 replaces section 49 of the 1998 Act. It provides for the Chief Constable to make reports to the Secretary of State.

PART VIII: THE POLICE OMBUDSMAN

78.     Sections 62-65 add provisions to Part VII of the 1998 Act (Police Complaints and Disciplinary Proceedings).

Section 62: Mediation

79.     This new provision enables the Ombudsman to use mediation to resolve a complaint which she does not consider to be serious and which does not indicate that a criminal offence may have been committed.

Section 63: Reports by Ombudsman to Chief Constable and Board

80.     This section enables the Ombudsman to make reports to the Chief Constable and the Policing Board on matters concerning police practices and policies which the Ombudsman identifies from investigations. The Ombudsman may conduct research to assist her reporting.

Section 64: Supply of Information

81.     This amendment to the 1998 Act requires the Ombudsman to compile statistical and other general information and to supply them to the Policing Board to enable it to carry out its duty under section 3 to keep itself informed about trends and patterns in complaints.

Section 65: Limit on Complaints and References to Ombudsman

82.     This section inserts additional regulation making powers in section 64 of the 1998 Act. Regulations may be made setting limits on the initiation of investigations by the Ombudsman and precluding her from investigating complaints which more properly fall within the procedures of the Regulation of Investigatory Powers Act 2000.

Section 66: Access to Information

83.     This section provides for access by the Ombudsman to information and documents where these are required for the Ombudsman's exercise of her functions. It would cover, for example, access to information on "notifiable memberships" under section 51.

PART IX: MISCELLANEOUS AND SUPPLEMENTARY

84.     Part IX deals with technical provisions and definitions. It also covers a number of miscellaneous provisions. Noteworthy provisions are described below.

Sections 67 and 68: The Commissioner

85.     Section 67 provides for the appointment of a Commissioner to oversee the implementation of changes in the policing of Northern Ireland, including those resulting from the Act, described in his terms of reference. Section 68 requires the Commissioner to make reports. The Secretary of State must lay any report made by the Commissioner before Parliament and publish it.

Section 69: General Duty of the Secretary of State

86.     This section requires the Secretary of State to promote the efficiency and effectiveness of the police, police support staff and traffic wardens. In doing so the Secretary of State must have regard to the principle that policing is to be conducted in an impartial manner.

Section 70: The Royal Ulster Constabulary GC Foundation

87.     This section enables the Secretary of State to establish by regulations, and make payments to, a foundation to mark the sacrifices and honour the achievements of the Royal Ulster Constabulary. The regulations may enable the foundation to undertake joint initiatives with the Widows' Association, the Disabled Police Officers' Association or any other organisation within the police family.

Section 72: Video Recording of Interviews

88.     This section amends the Police and Criminal Evidence (Northern Ireland) Order 1989 to require the Secretary of State to issue a code on the video recording with sound of police interviews with people being questioned other than under anti-terrorism legislation. The Terrorism Act 2000 provides for the Secretary of State to issue a code of practice on the silent video recording of those being questioned about terrorist crimes.

Section 74: Application to Police of Anti-discrimination Legislation

89.     This section, together with Schedule 5 to the Act, replaces existing provisions which apply anti-discrimination legislation to police bodies in Northern Ireland. The main change is to provide for the vicarious liability of chief officers of police for acts of their officers in the provision of goods, facilities or services. The changes, in part, reflect those made in England and Wales in the Race Relations (Amendment) Act 2000 and arise from Sir William Macpherson's report, The Stephen Lawrence Inquiry (Cm 4262-1) published in February 1999.

SCHEDULE 1: THE NORTHERN IRELAND POLICING BOARD

90.     This Schedule sets out how the Policing Board is to be established and outlines the arrangements for its proceedings.

Part I: Status and Membership

91.     The Schedule contains different provisions depending on devolution or direct rule. Paragraph 2 explains that Part II of Schedule 1 applies during direct rule and Part III during devolved government. After a change from direct rule to devolved government, or vice versa, members of the Board cease to hold office, but may be re-appointed.

Part II: Membership During Suspension of Devolved Government

92.     Paragraph 3 sets out the arrangements for appointment to the Board by the Secretary of State during direct rule. The Board is to consist of 14 to 19 members appointed by the Secretary of State. Sub-paragraph (3) requires the Secretary of State to ensure, as far as practicable, that membership of the Board is representative of the community in Northern Ireland.

93.     As under the 1998 Act, before making any appointment, the Secretary of State must consult district councils and any other body he considers appropriate (sub-paragraph (4)). There is no requirement for consultation where the Secretary of State is making the first appointments to the Board after the Assembly has, at any time, been suspended (sub-paragraph (6)). This is to enable the swift replacement of the members who will automatically cease to hold office immediately on suspension of devolved government.

94.     Sub-paragraph (7) sets out grounds for disqualification. Sub-paragraphs (8)-(10) specify that there shall be a chairman and vice chairman initially appointed by the Secretary of State, but, thereafter, appointed by the Board from among its members. The quorum for a meeting making such an appointment is specified under paragraph 17(2)). The quorum is 12 when there are 19 members; 11 for a Board of 16, 17 or 18; and 10 when the Board has fewer than 16 members.

95.     Paragraph 4, sub-paragraph (5) sets out the grounds for removal of Board members. These include criminal conviction, not being committed to non-violence and exclusively peaceful and democratic means, being unfit or failing to disclose, before appointment, a criminal conviction.

Part III: Membership During Devolved Government

96.     Paragraph 6 provides that during devolved government the Board will have 19members, 10 of whom will be appointed from the Assembly and the other 9appointed by the Secretary of State.

97.     Sub-paragraph (2) sets out that the 10 members nominated from the Assembly will be known as 'political members' and that the 9 members appointed by Secretary of State will be known as 'independent members'.

98.     Paragraph 7 outlines the process (d'Hondt) for selecting the 10 political members of the Board. The provisions are based on those in the Northern Ireland Act 1998.

99.     Paragraph 8 provides for the appointment of independent members after consultation with the First Minister and Deputy First Minister, councils and such other bodies as the Secretary of State considers appropriate. Under sub-paragraph (4) the Secretary of State is required to consult only the First Minister and Deputy First Minister where the Board is first appointed after the restoration of devolution. This is to enable the swift replacement of members who will automatically cease to hold office immediately on restoration of devolution. The Secretary of State must exercise his powers of appointment to secure, as far as practicable, that the Board is representative of the community in Northern Ireland (sub-paragraph (1)).

100.     Paragraphs 9-10 cover the grounds for removal of Board members from office and disqualification from membership. Grounds for removal include, criminal conviction, not being committed to non-violence and exclusively peaceful and democratic means and being unfit. An independent member may additionally be removed if he failed, before his appointment, to disclose a criminal conviction.

101.     Paragraph 11 specifies that the first chairman and vice chairman shall be appointed by the Secretary of State after consultation with First Minister and Deputy First Minister. Thereafter, appointments will be made by the Board from among its members. The quorum for a meeting making such an appointment is specified under paragraph17(2) as 12.

Parts IV-VI: Staff, Funding Procedure

102.     Paragraphs 12-21 deal with the Board's staffing, require the Secretary of State to make a grant to the Board to cover its expenses and set out procedural provisions.

SCHEDULE 2: TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES AND STAFF OF POLICE AUTHORITY FOR NORTHERN IRELAND

103.     This Schedule provides for the Policing Board to exercise the functions, hold the property, have the rights and liabilities and employ the staff, which were the responsibility of the Police Authority for Northern Ireland, upon the dissolution of that Authority. Paragraph 4 transfers the employment of directly employed staff from the Police Authority to the Board. This applies to staff working directly to the Police Authority and to police support staff who are under the direction and control of the Chief Constable. The latter group will remain under the direction and control of the Chief Constable. Paragraph 5 transfers the secondment of civil servants from the Police Authority to the Policing Board. Those civil servants seconded to the Police Authority who are under the direction and control of the Chief Constable will continue in that capacity. Secondees working for the Authority will work for the Board upon transfer.

SCHEDULE 3: DISTRICT POLICING PARTNERSHIPS

104.     This Schedule sets out how a district policing partnership is to be established and the arrangements for its proceedings.

105.     Paragraph 2 concerns the size and composition of a district policing partnership (15, 17 or 19 members). It also provides that, in all cases, the number of political (council) members shall be one more than the number of independent members.

106.     Paragraphs 3, 4 and 5 set out the arrangements for political and independent members to be appointed, when they will cease to hold office, appointments to fill casual vacancies and eligibility for re-appointment. The district council is obliged to ensure that the political membership of a partnership reflects the balance of parties prevailing among the members of the council immediately after the last local general election.

107.     Paragraph 5 requires the district council to nominate candidates for appointment as independent members by the Policing Board.

108.     Paragraph 6 enables the Secretary of State, after consultation with the Policing Board, district councils and the Equality Commission to issue a code of practice to the councils and the Board on the appointment of independent members to the district policing partnerships. This code will set out best practice to be followed in the appointment process.

109.     Paragraph 7 sets out the circumstances in which members of the district policing partnership can be removed by the Board, or by the council with the approval of the Board: for instance, if convicted of a criminal offence. Paragraph 8 sets out the circumstances in which persons are disqualified from membership of a district policing partnership. These include conviction for any offence leading to a term of imprisonment (whether suspended or not).

110.     Paragraph 9 provides for the appointment of a chairman and vice-chairman of a district policing partnership from the political members. As recommended by the Patten report, the positions must, so far as practicable, be held by members of different political parties and the office of chairman is to be held in turn by each of the four largest parties on the council.

111.     Paragraph 11 requires the Policing Board to make a grant to the district councils amounting to three-quarters of the reasonable costs of establishing, and carrying out the functions of, a district policing partnership. The remaining quarter of the costs is to be met by the district councils.

112.     Paragraph 16 enables the Secretary of State, after consultation with the Policing Board and the councils affected, to provide, by order, that two or more councils can establish a joint district policing partnership for their districts.