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The Police Process: Accountability and External

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The Police Process: Accountability and External The Police Process: Accountability and External Civilian Oversight of Policing Reform in Northern Ireland. Ciarán Jude Kearney, BSc. (Hons), MSc. Faculty of Social Sciences of Ulster University. Thesis submitted for the degree of Doctor of Philosophy. February 2018. I confirm that the word count of this thesis is less than 100,000 words. 1 "I hereby declare that with effect from the date on which the thesis is deposited in Research Student Administration of Ulster University, I permit 1. the Librarian of the University to allow the thesis to be copied in whole or in part without reference to me on the understanding that such authority applies to the provision of single copies made for study purposes or for inclusion within the stock of another library. 2. the thesis to be made available through the Ulster Institutional Repository and/or EThOS under the terms of the Ulster eTheses Deposit Agreement which I have signed.* IT IS A CONDITION OF USE OF THIS THESIS THAT ANYONE WHO CONSULTS IT MUST RECOGNISE THAT THE COPYRIGHT RESTS WITH THE AUTHOR AND THAT NO QUOTATION FROM THE THESIS AND NO INFORMATION DERIVED FROM IT MAY BE PUBLISHED UNLESS THE SOURCE IS PROPERLY ACKNOWLEDGED". 2 Table of Contents Abstract. ............................................................................................................................................... 11 Chapter One: Introduction ................................................................................................................ 14 1.1 Introduction ........................................................................................................................... 14 1.2 What is accountability? ........................................................................................................ 16 1.3 Why accountability? ............................................................................................................. 17 1.4 The roots of accountability ................................................................................................... 19 1.5 Accountability in Security Sector Reform ............................................................................ 21 1.6 Accountability in Northern Ireland ....................................................................................... 24 1.7 Theoretical Orientation ......................................................................................................... 26 1.8 Structure of Thesis ................................................................................................................ 29 1.9 Research Question ................................................................................................................ 30 1.10 Conclusion ........................................................................................................................ 30 Chapter Two: A New Beginning to Policing Accountability ........................................................... 31 2.1 Introduction ........................................................................................................................... 31 2.2 The British Model of Policing in Ireland (1920s – 1960s ..................................................... 31 2.2 Policing and Civil Rights (1968- 1971) ................................................................................ 32 2.4 The Scarman Tribunal (1969) ............................................................................................... 34 2.5 The Cameron Commission (1969) ........................................................................................ 36 2.6 The Hunt Report (1969) and Formation of the Police Authority (1970) .............................. 37 2.7 Ulsterisation & the Diplock system (1976) ........................................................................... 39 2.8 The Bennett Report (1979) ................................................................................................... 41 2.9 The Stalker Affair (1983-1986) ............................................................................................ 43 2.10 The Police Complaints System ......................................................................................... 45 2.12 Prelude to Policing Reform ............................................................................................... 47 2.13 The Flanagan Review (1997) ................................................................................................ 48 2.15 Mandelson‟s Police (NI) Act 2000 and the Implementation of Patten ............................. 50 2.16 Primacy for MI5 in National Security (2004-2007) .......................................................... 53 2.17 Bifurcated policing and National Crime Agency (NCA) (2013-2015) ............................. 57 2.2 Conclusion. ........................................................................................................................... 59 3 Chapter 3: Methodology ................................................................................................................... 61 3.1 Introduction ........................................................................................................................... 61 3.2 Epistemological and ontological considerations ................................................................... 61 3.3 Research design ................................................................................................................... 62 3.4 Contextual interviews with elite actors. ................................................................................ 64 3.5 Q methodology. ..................................................................................................................... 65 3.6 Research Sample (P set). ....................................................................................................... 66 3.7 The Q set and Q sort. ............................................................................................................ 68 3.8 Research access. .................................................................................................................... 69 3.9 The ethics of fieldwork. ....................................................................................................... 71 3.10 Insider - Outsider research ................................................................................................ 73 3.11 Reflexivity. ........................................................................................................................ 76 3.12 Bracketing, positionality & focussing. .............................................................................. 78 3.13 Limitations & conclusions. .................................................................................................. 80 Chapter 4. Conceptualising Policing Accountability as an Ecological System .............................. 82 4.1 Introduction ................................................................................................................................. 82 4.2 Ecological systems theory (EST). ............................................................................................... 82 4.3 External Civilian Oversight .................................................................................................. 86 4.4 The asymmetric ecology of policing accountability in Britain & Ireland ............................. 87 4.5 Independence in accountability ............................................................................................. 90 4.6 An interdisciplinary overview of accountability ................................................................... 94 4.6.1 Justice theory ....................................................................................................................... 94 4.6.2 Political theory ................................................................................................................... 101 4.6.3 Psychological theory .......................................................................................................... 105 4.7 Rethinking accountability through a new conceptual framework ....................................... 106 4.8 Institutional and Relational accountability.......................................................................... 108 4.9 Situational accountability (S) .............................................................................................. 111 4.10 Relational accountability ................................................................................................. 112 4.11 Transformational accountability ..................................................................................... 113 4.12 Conclusion: Ecological System of Policing Accountability (ESPA) .............................. 114 4 Chapter 5: Policing & Situational Accountability „s‟ ................................................................... 117 5.1 Introduction to situational accountability „s‟ ...................................................................... 117 5.2 Idiosyncratic ........................................................................................................................ 121 5.3 Intelligence and National Security ...................................................................................... 124 5.4 Independence. ...................................................................................................................
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