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Human Rights Act 1998 Human Rights Annual Report 2007

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Human Rights Act 1998 Human Rights Annual Report 2007 MONITORING THE COMPLIANCE OF THE POLICE SERVICE OF NORTHERN IRELAND WITH THE HUMAN RIGHTS ACT 1998 HUMAN RIGHTS ANNUAL REPORT 2007 Human Rights Annual Report 2007 01 CONTENTS Introduction 02 01 The PSNI Programme of Action 06 02 Training 08 03 Policy 36 04 Operations 52 05 Code of Ethics 70 06 Complaints, Discipline and Civil Actions 80 07 Public Order 116 08 Use of Force 146 09 Covert Policing 174 10 Victims 186 11 Treatment of Suspects 218 12 Human Rights Awareness in the PSNI 244 13 Policing with the Community 254 14 Privacy and Data Protection 262 15 Children and Young People 276 Appendix 1 302 Appendix 2 306 02 Introduction The Human Rights Act 1998, which marked a turning point in the protection of human rights in the UK, requires all public authorities- including the police - to act in a way which is compatible with the individual rights and freedoms contained in the European Convention on Human Rights (ECHR). It provides individuals with remedies if a public authority breaches their human rights. However, it does not set up a mechanism for monitoring compliance with human rights. The position for the Police Service of Northern Ireland (PSNI), however, is different. The Police (Northern Ireland) Act 2000 specifically mandates the Policing Board in Northern Ireland to monitor the performance of the PSNI in complying with the Human Rights Act 1998. We were appointed in February 2003 to advise the Policing Board how to meet this statutory duty. Since then we have published four reports: two Human Rights Annual Reports (2005 and 2006) and two Special Reports, the first on the policing of the Ardoyne parades 12th July 2004, the second on the policing of the Ardoyne parades 12th July 2005 and the Whiterock parade 10th September 2005. We have also published detailed advice on the PSNI’s proposal to introduce Taser for use in Northern Ireland (May 2007). Human Rights Annual Report 2007 Introduction 03 This is our third Human Rights Annual Report. It formally covers the period from August 2006 to July 2007, but includes some developments up until the end of August 2007 where that has been possible. In it we plot the PSNI’s progress in implementing the recommendations made in our 2005 and 2006 Annual Reports. We also examine the PSNI’s work in a new area, Children and Young People, bringing to 15 the total number of areas of PSNI work that we have monitored this year (each corresponding to a chapter in this report). As in previous years, we have spent a great deal of time talking to those responsible for the PSNI’s work on human rights across the service, examining numerous documents and observing events and incidents both as they happened and after-the-event. In the course of preparing this annual report, we have observed operational decision-making in PSNI Command suites and on the ground and reviewed operational documentation and records. We also spent a great deal of time with those affected by the PSNI’s work and consulted interested parties regularly on a wide range of matters. As in previous years, we have not been refused access to any officer, or to any incident or event that we have wanted to observe. We have been given unrestricted access to any documentation we asked to inspect. In our view this has now become the hallmark of the PSNI commitment to human rights compliance. We are also encouraged by the remarks of the Chief Constable, Sir Hugh Orde, in the PSNI’s Programme of Action 2006-2007 drawn up in response to our 2006 Annual Report, where he described the relationship between the PSNI and ourselves as “transparent and professional” and recorded his belief that the positive dialogue that now exists between us would assist his officers to improve the service that they provide to the community. In our 2006 Annual Report, we made 45 new recommendations and restated a number of outstanding recommendations from 2005 (making a total of 80 recommendations). Progress in implementing those recommendations this year has been mixed. On a positive note we are pleased to record that 52 recommendations have been implemented in full, with 14 recommendations implemented in part. In some areas, e.g. complaints, discipline, public order and covert policing, this is the second year running that there has been a high level of compliance with our recommendations and we recognise the hard work that has been undertaken to achieve this. In other areas, e.g. training, considerable work has been undertaken in the last twelve months to fulfil our recommendations. That this has largely been achieved signals a real turning point for the PSNI in this important area. That is very positive development. 04 Northern Ireland Policing Board Also positive is the review of the PSNI Code of Ethics, which took place between February 2006 and July 2007. A revised Code of Ethics will be laid before Parliament and then issued to all PSNI officers later in 2007. Equally positive is the work that has been done to implement our recommendations about firearms refresher training. On a less positive note, a total of 12 recommendations made in our 2006 Annual Report remain outstanding (two others having been formally withdrawn). While this number is low when compared to the number of recommendations implemented, it is nevertheless significant. In particular, for the second year running there remain a high number of outstanding recommendations in relation to policy. This causes us real concern. It is fundamental that all of the PSNI’s policies should set a framework for police decision-making and conduct that requires, and seeks to ensure, human rights compatibility in all areas of police work. Despite clear recommendations in our 2005 and 2006 Human Rights Annual Reports, we are not satisfied that this has yet been achieved. Progress on reviewing PSNI policies has been slow and insufficiently robust. As a result, the quality of some PSNI policies remains poor. This needs urgent action and we have taken the unprecedented step this year of requiring the PSNI to formally report to the Policing Board on progress within three months of the publication of this report. This annual report also highlights our concerns about the lack of any effective monitoring and review of the use of CS Spray and the need to put in place clear and robust policy, guidance and training to ensure that any use of Taser in Northern Ireland fully complies with the requirements of the European Convention on Human Rights. These less positive aspects of this annual report reinforce the need for clear responsibility in the PSNI for human rights compliance and proper resources to oversee and implement all of our recommendations. The PSNI has assigned overall responsibility for human rights compliance to the Human Rights Champion, ACC Criminal Justice, who should ensure that there is a system in place for resolving matters in a timely and efficient way where difficulties or delays occur in implementing our recommendations. Human Rights Annual Report 2007 Introduction 05 However, sight of the bigger picture should not be lost. The Final Report of the Office of the Oversight Commissioner in May 2007 recorded that: “It is our view after almost seven years of monitoring the Police Service’s responses to the challenge of the Independent Commission that a consciousness of human rights has taken root in a way that is unique among police services… This is a remarkable achievement which the Police Service and the people of Northern Ireland should be proud of.” We endorse these remarks and emphasise, like the Office of the Oversight Commissioner, that the creation of a culture of human rights is not something that is achieved once and then endures without further attention. It requires continued monitoring, assessment, adjustment and reinvigoration. This will be the on-going responsibility of the PSNI and the Policing Board. This year, we make a total of 44 recommendations. This reflects our satisfaction in the areas where real progress has been made and a renewed focus on areas where further progress is needed. As was the case last year, most of our new recommendations relate to issues that have arisen during the course of our work this year. However, some relate to outstanding matters from last year. Again, we will assess the PSNI’s success in implementing each of them in next year’s human rights annual report. Keir Starmer QC Jane Gordon 25 September 2007 066 Chapter 1: THE PSNI PROGRAMME OF ACTION 1. 2006 Annual Report, In our 2005 Annual Report, we Recommendation 1, p.160 recommended that the PSNI should adopt a specific Programme of Action on an annual basis to respond to the Policing Board’s recommendations in relation to the PSNI’s duty to comply with the Human Rights Act 1998. The PSNI agreed to this recommendation and has now produced two Programmes of Action. In our 2006 Annual Report, we recommended that the PSNI should aim to publish its annual Human Rights Programme of Action within three months of our report.1 Human Rights Annual Report 2007 Chapter 1 07 2. PSNI’s Human Rights The PSNI published its second Human Rights Programme Programme of Action 2 of Action on the PSNI website on 5th December 2006, 2006-2007, p.9. satisfying our recommendation. The PSNI followed this with the 3. Letter from ACC Harris production of a hard copy of the report, which was distributed to Policing Board’s human rights advisors dated 8th to the Policing Board, specific officers within the PSNI and the 3 May 2007.
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