Notes

1. Final &port of the Royal Commission on the Police, 1962 (Cmnd 1728). 2. Cmnd 1728, para. 9. 3. See Ridge v Baldwin [1964] AC 40. 4. TheAUegation ofAssault onJohn Waters (Cmnd 718) (HMSO,AprllI959). 5. See Geoffrey Marshall, Police and Government (Methuen, 1965), p. 14. 6. 613 HC Deb 5s, Cols 1239-1303. 7. Attorney General for New South Wales v Perpetual Trustee Co Ltd [1955] AC 477. 8. 1930 2 KB 364. 9. See note 7. to. 1910 1 SLT 164. 11. R.C. Min. of Evidence, 11-27, Appendix 11, pp. 92-101. 12. R.C. Min. of Evidence, pp. 1330-62. 13. Cmnd 1728, para. 166. 14. Sir William Kerr Fraser PUS, Scottish Office James Smart Lecture 1981. 15. R v Commr of Police ex parte Blackburn [1968] 1 ALL ER 763. 16. Lord Scarman Report, Cmnd 8427. 17. See note 15. 18. Sir Philip Knights, 'Ultimate Command - The Responsibilities of Chief Constables in the 1980s', PoliceJourna~ 1981, pp. 381 et seq. 19. See Oliver, Police, Government and Accountability (Macmillan 1987), pp. 210 et seq. 20. See Oliver, Police, Government and Accountability, pp. 50 et seq. 21. Police Reform - The Government's Proposals for the Police Service in England and Wales, Cm 2281, June 1993. 22. James Smart Lecture 1980. 23. M. Brogden, The Police: Autonomy and Consent (Academic Press, 1982), p. 111. 24. 330 Pari. Deb. 3rd s.c. 1163. 25. &port of the Advisory Committee on Police in , Cmnd 535, October 1969, para. 8. 26. Disturbances in Northern Ireland, report of the Commission appointed by the Governor of Northern Ireland, Cmnd 532, para. 7 (the Cameron Report). 27. , A House Divided (Collins, 1973). See also Brian Faulk- ner, Memoirs of a Statesman (Weidenfeld & Nicolson, 1978), Chap. 3. 28. The Cameron Report, para. 10. 29. The Cameron Report, para. 12. 30. &port of the Committee of Inquiry into Police Interrogation Procedures in Northern Ireland, Cmnd 7497, 1979. 31. &port of the Advisory Committee on Police in Northern Ireland, October 1969, Cmnd 535, para. 13.

189 190 Notes

32. Cmnd 566, para. 3: 1O. Violence and Disturbances in Northern Ireland, 1969. Report of the Tribunal of Inquiry by Mr Justice Scarman. 33. Cmnd 535. 34. Callaghan, A House Divided, p. 50. 35. Officers who served with the General, with whom I discussed this point, were adamant that the IG was not a 'dominant' man and that this was a wrong impression. 36. See Callaghan, A House Divided, at pp. 55-6. See also The Cameron Report, pp. 102-4, for a description of the relationship between the government of Northern Ireland and the RUC. 37. Constabulary Act (Northern Ireland) 1922 Section 1 (3). 38. The recruited strength of the RUC as at 31 July 1969 was 3052; the authorised established level was 3500. In addition, the Ulster Special Constabulary, which had been mobilised for full-time duty with the RUC, had 425 men. 39. For an account of this, see Callaghan, A House Divided. Sir Arthur Young, former Commissioner of the City of London Police, was appointed and took up his post on 10 October 1969. See also Brian Faulkner, Memoirs of a Statesman (Weidenfeld & Nicolson, 1978), p. 70. 40. Cmnd 535, para. 81. 41. See Dervla Murphy, A Place Apart (Murray, 1978) and Michael Farrell, Arming the Protestants (Pluto Press, 1983). 42. Callaghan, A House Divided. 43. Cmnd 4154, August 1969; also quoted in Robin Evelegh, Peace-Keeping in a Democratic Society: The Lessons ofNorthern Ireland, p. 16 (Hurst, 1978). See also Brigadier C.T. Shortis, Public Order in the 80s (Seaford House Papers, 1981); Faulkner, Memoirs of a Statesman, p. 64, where the author describes a conversation in which the then Prime Minister of North• ern Ireland claimed that he had secured the agreement of the Inspector General to the arrangement whereby the GOC should be supreme security ; and , Northern Ireland: a Personal Per• spective (Methuen, 1985). 44. Callaghan, A House Divided, p. 143. See also Desmond Hamill, Pig in the Middle: The Army in Northern Ireland 1969-1984 (Methuen, 1985), pp. 39 and 40; and Faulkner, Memoirs of a Statesman, p. 70. 45. Observers acknowledge that this was out of date and seriously in need of revision. Part V of the ninth edition was issued in 1968 and does not appear to have been amended since that time. See Evelegh, Peace• Keeping in a Democratic Society; G. Marshall, 'The Armed Forces and Industrial Disputes in the UK', published in Armed Forces and Society, February 1979; and Shortis, Public Order in the 80s. 46. QR for the Army 1961, paragraphs J1164a and amendment 92 of March 1975. 47. Shortis, Public Order in the 80s. 48. Hansard, August 1976, Col. 616. 49. Evelegh, Peace-Keeping in a Democratic Society, p. 3. 50. The Guardian, 20 March 1978. Criticism of the 'unconstitutional' role of the army in the province has been voiced on many occasions, but particular reference should be made to an article by Professor Claire Notes 191

Palley, 'No-Go Area Between the Cabinet and the Army', The Times, 13 February 1973. See also 'The Dangers of Using the Army in Law and Order Situations', a speech by Enoch Powell, MP, to the Bexleyheath Political Forum, 4 October 1977; Captain K.O. Fox, 'Public Order: the Law and the Military', Anny Quarterly, April 1974; 'The Place of the in Public Order', a paper by General Sir Edwin Bramall delivered to the Royal Society for the Encouragement of Arts, Manu• factures and Commerce, on 6 February 1980. See also Desmond Hamill, Pig in the Middle, p. 96. John Hume, MP, challenged the powers of the army after he had been charged on 18 August 1971 with failing to disperse (with others) when ordered so to do by an army officer purporting to be acting under the Special Powers Act. Hume had been convicted at the mag• istrates' court and appealed on the grounds that powers attributed to the army under the Special Powers Act were unconstitutional. In the High Court at Belfast, Lowry LCj upheld the appeal and quashed the conviction. Reference was made to the Government of Ireland Act 1920, which imposed a restriction on Stormont from giving legal powers to the army. 51. The Cameron Report, Cmnd 532. 52. Fox, 'Public Order: the Law and the Military', p. 304. 53. The Northern Ireland (Emergency Provisions) Act 1973 was based on recommendations by Lord Diplock (Cmnd 5185) in his Report to the Commission to consider legal procedures to deal with terrorist activit• ies in Northern Ireland. The Act gave soldiers broadly the same powers as those under the 1922 Act, but the precise circumstances in which they could be used were clearly defined. There were further Acts in 1975 and 1978, the latter being a consolidating Act which was itself considered in a report by Sir George Baker (Cmnd 9222) published in April 1984. 54. Fox, 'Public Order'. 55. Evelegh, Peace-Keeping in a Democratic Society. 56. Patrick O'Farrell, 'The British Army in Northern Ireland', Pacific Defence Reporter, December/January 1975. 57. See Brigadier G.L.C. Cooper, 'Some Aspects of Conflict in Ulster', April 1973. Extract from BAR, No. 43. 58. Shortis, Public Order in the 80s. See also AF.N. Clarke, Contact (Secker & Warburg, 1983), for one man's view of the army's role in search situations; K. Boyle et al., Law and State: The Case of Northern Ireland (Martin Robertson, 1978), who quote figures supplied by the North• ern Ireland Information Service that in 1973 the army searched 75000 houses; and Boyle et al., Ten Years on in Northern Ireland (The Cobden Trust, 1980). For an account of one difficult 'police action' involving the army, see Lord Widgery's Report of the Tribunal appointed to inquire into the events on Sunday 30 January 1972, the so-called 'Bloody Sunday', which led to the loss oflife in connection with the procession on that day. 59. R. Fisk, The Point of No Return (Times Books, 1975), p. 101. 60. See Clarke, Contact. With regard to terrorist attacks, see Annual Report 192 Notes

of Chief Constabk 1971: 'All this meant an end to our open stations and, in some areas, the saloon car. Instead we had to resort to high security fences, floodlighting, barbed-wire, sand-bagging and "hard-skinned" vehicles with crews wearing protective garments' (p. ix). 61. See ColonelJeromeJ. Haggerty, 'The War that Never Stopped Bleed• ing', Military &View, Vol. 49, 1979. See also Chief Constabk's Annual Report 1973, pp. 12 and 13, which also speaks of good police/army liaison; and Chief Constabk's Annual Report 1974, p. 15, which gives details of the work of the army/police SPG throughout 1974. 62. Annual Report 1976, p. viii. On 1 May 1976 the Senior Deputy , Kenneth Newman, became Chief Constable of the RUC. Before transferring to the RUC, Newman had been Commander in Charge of the Community and Race Relations Branch (A7) at New Scotland Yard; he held a degree in law. 63. Hansard, 2 July 1976, Cols 879-923. 64. This is an unfortunate piece of terminology which the Chief Consta• ble of the RUC was at pains to point out should really be 'the primacy of the rule of law', for which the police are primarily responsible in terms of enforcement. 65. Personal and private correspondence. See also Hamill, Pig in the Mid• dle, in which the author describes the frustration of Merlyn Rees, as Secretary of State for Northern Ireland, at the inability of the police to cope with the strike action which paralysed the Province in 1974 (the Ulster Workers' Council strike) and the unwillingness of the army to 'police' a civil matter such as a trade dispute. See also Merlyn Rees, Northern Ireland: a Personal Perspective (Methuen, 1985). 66. Boyle et al., Ten Years on in Northern Ireland. 67. Anne McHardy, The Guardian, 3 February 1979. 68. The Obseroer, 7 October 1979. See also The Listener, 28 February 1980. 69. Simon Berthon, 'A New Approach to Defeat the IRA', The Listener, 28 February 1980. 70. 'Till the Job is Done - A Pledge to the Ulster People', Soldier News, November 1980. 71. The Opsahl Report on Northern Ireland, A Citizens Inquiry, edited by Andy Pollack (The Ulliput Press 1992). Index

Accounts Commission 70 Callaghan, Lord James 55, 110, ACC (Association of County 11~ 11~ 119, 12~ 129, 136 Councils) 10, 65 Cameron, Lord 107 ACPO / ACPOS (Association of Cameron Report 107, 111, 114 Chief Police Officers/ Cardiganshire 3 Association of Chief Police Carmarthenshire 3 Officers in Scotland) 1, 16, Chief Constables (Scotland) 26, 29, 31, 42, 49, 50, 51, 66, Association 20 74,76,87 Citizens' Charter 29, 36, 52, 70, AMA (Association of Metropolitan 72 Authorities) 66 City of London Police 72, 94-5 American Independence, slogan 87 City of London Police Act 1839 Anderton, James, CC, Greater 94,95 Manchester 24, 25 Civil Authorities (Special Powers) Atomic Energy Authority Act 1954 Acts 103 (Northern Ireland) 1922-43 Army, role of in Northern Ireland 121 126-35 'Special Powers Act' 121 Audit Commission 28, 33, 34, 45, Clarke, Kenneth 32, 35, 89, 180 49, 61, 76, 82, 176 Committee on the Administration of Justice (CAJ) 161, 163-4 Bains Report 23, 24, 25, 42 Community Police Liaison Bexley Borough 91 Committees 160, 169, 179 Boyle, Hadden and Hillyard 138 Constabulary Act (NI) 1963 116 Boyne, Battle of 109 Constabulary independence, Brighton, Chief Constable of 3 doctrine of 20 Brixton 19 County and Borough Police Act British-American Tobacco 1856 71 Industries 34 Corporation of London, Common British Nuclear Fuels 103 Council 94, 95 British Railways Act 1978 101 Criminal Law (Amendment) Act British Railways Board (BRB) 99 1968 129 British Transport Commission Act Customs and Excise 'Deputation' 1949 101-2 97 British Transport Police (BTP) 99 Channel Tunnel 99 Davies, Lord Edmund, Inquiry 33, Docklands Light Railway 99, 100 35 London Underground 99, 100 Deedes, Lord, Foreword viii British Transport Police Denning, Lord 20 (Jurisdiction) Act 1994 101 Derbyshire Constabulary Brogden, M. no certificate of efficiency The Police: Autonomy and Consent 1992-4 71 72 Director of Public Prosecutions Butler, R.A. 1 (DPP) 4

193 194 Index

Directory of Good Practice 76 Primary inspection 78 'Downing Street Declaration' 127, Thematic inspections 78 170 HMSO 25 Duties of Police Officers 180 House of Commons 3, 5 3, 53, 54 Easunond, PC 5 Howard, Michael 35,89,92 Edinburgh Hunt, Baron 118 James Smart Lecture 1980 39 Hunt Committee 77, 113, 115, Edinburgh University 9 117, 118, 119, 120, 121, 124, Encvcr v The King 1903 9 125, 137, 139, 142, 152 Evelegh, R. 131 Improving Management in Ferrers, Earl 89 Government: The Next Steps Fisher v Oldham Corporation 1930 8 (1988), Government Efficiency Fisk, R. 134 Unit Report 98 'Foundations for Policing' (Cm 3249) Independent Inquiry into Police White Paper on Police Pay and Conditions of Service Structures in NI 173-81 (Sheehy) 32, 82 Fox, Capt. K.O. 130 Framework for Accountable Government Joint Consultative Committee 170 (JCC) 29 Framework for Agreement 170 Frameworks for the Future 170, 171 Kent County Council 23 Key Objectives 36-52, 60, 75 Galway, University College 168 Gallie, Phil, MP (Ayr) 51 Lanark 23 Garret v Eastmond 5 Leicester, University of 129 GLC Linear Control 49, 158, 182 A New Police Authority for London Local Government Act 1972 22, 88 23 Government of Ireland Act 1920 Local Government (Scotland) Act 107, 110, 116 1994 69 Greater London (GLC) 22, 88 Local Government Boundary Greater Manchester 22 Commission 22 Local Policing Plan 36-52, 60, 75 Habeas Corpus 131 Londonderry 109, 127 Harcourt, Sir William 86 Healey, Denis 126 Magistrates' Association 17 Helping with Enquiries Magistrates, Joint Committee 18 Audit Commission 76 Mallon, Seamus 165 Her Majesty's of 'Manpower, Efficiency and Constabulary Act 1945 72 Effectiveness' HO Circular Her Majesty's Inspectorate of 114/83 27, 81 Constabulary 17, 24, 25, 28, Manual of Military Law 128, 129 38, 47, 49, 54, 60, 67, 70, Mark, Sir Robert 86, 115, 117, 71-84, 95, 100, 120, 139 129 Hermon, John 139 Marshall, Geoffrey HM Inspectorate 78 Police and Government 5 Annual Performance Review 78 Martial law 129, 130, 131 Index 195

McCardie, J. 9 Oldfield, Sir Maurice 140, 141 Metropolitan County Police Operational Policing Review 29, Authorities 18 30,39 Osmond, Douglas (Chief Constable Commissioner 85 of Hampshire) 116, 117 Inspection of 76-7 Receiver of 67 Paterson Report 23, 25 Metropolitan Police Act 1829 85, Performance indicators 28, 45, 70 92 Police Act 1964 14-21, 35, 43, 48, Metropolitan Police Authority 89 59, 71, 72, 85, 92, 101, 182 Metropolitan Police Committee Police Act 1969 122 86, 90, 91, 92, 93 Police Act 1996 70 Metropolitan Police District (MPD) Police Act (Northern Ireland) 1970 3, 17 77, 120, 124-5, 145, 147, 177 Miners' Strike 1984-5 26, 42, 81 Police Advisory Board for Scotland Ministry of Defence Police Act 54 1987 96-9 Police (Amendment) Order (NI) Police Committee 97 1995 173 Mitchell, Professor J. 9, 10 Police and Criminal Evidence Act Muir v Magistrates of Hamilton 9 1984 (PACE) 19, 60, 73, 87, 92,100 National Council for Civil Liberties PACE (NI) Order 1989 147, 152 (NCCL) 111 Police and Magistrates' Courts Act National Criminal Intelligence 1994 2, 14, 16, 53-70, 73, 76, Service (NCIS) 68 77,78,85,91,94, 151, 172, National Police Force 12, 13, 78, 173, 180, 184, 185 80,82 Police Authorities 40, 46, 57 Natural justice 3 Police Authorities (Powers) Bill 43 Neighbourhood Watch 37 Police Authority for NI (PANI) Newman, Kenneth 136 118, 145-63, 167-72 New South Wales AG v Perpetual Police Community Consultation Trustee Co Ltd 1955 8 Groups 90 Nolan Committee, Police Federation 16, 29, 31, 32, Standards in Public Life 180 35 Non-Home Office Forces 96-105 Police Federation (NI) 171 Northern Ireland Police National Computer 68 Civil Rights Association (NICRA) Police Reform (White Paper) 36, 111, 112 48-51,53 Committee of the Irish Congress Police (Scotland) Act 1967 14, of Trades Unions 156, 161 71,73 Disturbances: Cameron Report 107 Policing Agenda 31, 32 (Emergency Provisions) Act 1973 Policing Charters 70 131 Policing in the Community 150, 153, Report of Advisory Committee 154, 160, 161, 162, 164, 165, on Police 106, 113, 115 172,173, 174 (Various Emergency Provisions) 'Policing the Peace' 168 (Continuance) Order 1976 Popkess, Capt. Athelston 4 137 Provisional Irish Republican Army Nottingham City 4 (PIRA) 107 196 Index

Queen's Regulations 129 Special Constabulary 37 Special Patrol Groups 135 Railways Act 1993 99, 102 Special Powers Acts 122, 123, Rees, Merlyn 137 131 Riot Act 1714 129 Statement of Common Purpose and Robertson, Sir James 115, 119 Valuef 31, 82 Royal Commission on Police Straw, Jack, MP (Blackburn) 43, 1960-2 3-13, 14, 25, 26, 32, 44,88 48, 72, 78, 87, 146, 151, 180 Royal Institute of Public Thurso 4,5 Administration 24 Total Quality Management (TQM) Royal Irish: 31 Constabulary 77, 107, 112, 116 Tribunals of Inquiry (Evidence) Rangers 124 Act 1921 4 Regiment 124 Tripartite Structure 1, 2, 11, 14, Royal Military Police 137 42,49, 79, 146, 147, 159, 171, Royal Ulster Constabulary 77, 172 107, 112, 115-25 Tyne and Wear 22

Salveson, Lord 9 Ulster Defence Regiment 124 Scarman, Lord 19, 111, 114 Ulster Special Constabulary Scarborough 32 122-4 Scottish Home Department 10 UK Atomic Energy Authority Sheehy, Sir Patrick 32-6, 38, 48, Constabulary (UKAEAC) 103 51, 52, 53, 82, 150, 180, 181 United Kingdom 2 Shortis, Brigadier 129 URENCO 103 Sign Manual 72, 85 Simmonds, Viscount 8, 9 Value for money 28, 46, 82 Sinn Fein 165, 166 Soames, Nicholas 98 Wales 22 Social Democratic and Labour Wandsworth Borough 91 Party (SDLP) 156, 164, 165 Watch Committee I, 3, 4, 35 South Yorkshire 22 West Midlands Police 22 South Quay 144 West Yorkshire 22 Special Air Services (SAS) 134 Wheeler, Sir John 173 Special Constables Act 1923 103, Whitelaw, William 39, 55 105 WIlson, Harold 116