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Ninth Report of the Independent Monitoring Commission

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Ninth Report of the Independent Monitoring Commission NINTH REPORT OF THE INDEPENDENT MONITORING COMMISSION Presented under Article 5(1) of the International Agreement establishing the Independent Monitoring Commission March 2006 CONTENTS 1. Introduction 2. The Scope of this Report and the Security Normalisation Programme 3. Our Approach to this Report and Threat Assessment 4. Security Normalisation: The use of the Military in Support of the Police Service of Northern Ireland 5. Security Normalisation: The Repeal of Counter-terrorist Legislation Particular to Northern Ireland 6. Security Normalisation: The Police Estate 7. Conclusions ANNEXES I Article 5 of the International Agreement II The IMC’s Guiding Principles III Letter of Notification from the British Government IV Security Normalisation Programme Published by the British Government on 1 August 2005 V Towers and Observation Posts: Definitions VI Towers and Observation Post in Use on 1 June 2004, 31 July 2005 and 31 January 2006 VII Map showing the location of towers and observation posts in the South Armagh area VIII Joint PSNI/Military Bases in use 1 June 2004, 31 July 2005 and 31 January 2006 IX Military Bases and Installations in use I June 2004, 31 July 2005 and 31 January 2006. X Monthly troop levels June 2004 to January 2006 XI Military Helicopter Use June 2004 – January 2006 XII Views of the British Government on the Threat and its Obligation to Ensure the Safety and Security of the Community as a Whole 1. INTRODUCTION 1.1 We submit this report under Article 5 of the International Agreement establishing the Independent Monitoring Commission. 1.2 Article 5, of which the full text is at Annex I, has two provisions: - Article 5(1) comes into force when the British Government publishes a specific programme of security normalisation. It obliges the IMC to monitor whether, in the light of its own assessment of the paramilitary threat and of the British Government’s obligation to ensure community safety and security, the commitments the British Government made in the programme are being fulfilled to the agreed timescale, and it lists the things the Commission is obliged to monitor. The Commission is required to report its findings to the British and Irish Governments at six monthly intervals; - Article 5(2) allows the British Government at any time to request the Commission to prepare a report giving an account of the security normalisation activity it has undertaken. In such cases the British Government determines the period the report is to cover and the normalisation activities it is to encompass. 1.3 This report is under Article 5(1). The British Government inaugurated a programme of security normalisation on 1 August 2005. The report accordingly covers the period from then until 31 January 2006 and is our first under this provision. We will report on every six month period until the end of the programme, scheduled to be 31 July 2007. 1.4 In response to a request from the British Government we presented a report under Article 5(2) in July 20041. The report was different in kind in as 1 Independent Monitoring Commission, Second Report, published July 2004. much as at that time there was no security normalisation programme to monitor. However, it is relevant to this report in two main respects: - We set out there a number of considerations about our future monitoring role on which we draw in this report; - The report covered the period from 1 December 1999 until 31 May 2004. We said that we would take this latter date as the baseline for our following report. 1.5 In preparing this report, as our other ones, we have been guided by two things: - The objective of the Commission set out in Article 3 of the International Agreement The objective of the Commission is to carry out [its functions] with a view to promoting the transition to a peaceful society and stable and inclusive devolved Government in Northern Ireland. - The principles about the rule of law and about democratic government which we enunciated in March 2004 and which are set out in full in Annex II. 2. THE SCOPE OF THIS REPORT AND THE SECURITY NORMALISATION PROGRAMME The Scope of this report 2.1 Article 5(1) requires us to undertake our monitoring in the light of two considerations: - Our own assessment of the paramilitary threat;9 - The British Government’s obligation to ensure the safety and security of the community as a whole. These are crucial considerations. They mean that reports under Article 5(1) do not simply involve the monitoring of changes to security arrangements and law against a published programme, which would be a matter of reporting only on the facts and on whether the commitments in the programme were being met. They require us to make our independent assessment of the circumstances and allow us to comment on progress in the light of that. 2.2 Article 5(1) also requires us to monitor the following: - The demolition of towers and observation posts in Northern Ireland; - The withdrawal of troops from police stations in Northern Ireland; - The closure and dismantling of military bases and installations in Northern Ireland; - Troop deployments and withdrawals from Northern Ireland and the levels of British Army helicopter use; - The repeal of counter-terrorist legislation particular to Northern Ireland. It is our function to monitor the normalisation programme as a whole; these are simply the specific items we are formally obliged to include in our monitoring of the programme. 2.3 Following the undertaking in our earlier report under Article 5(2)2 we have looked at two periods: - From 1 June 2004, the cut-off date for that report, until 31 July 2005, immediately before the start of the security normalisation programme; - The first six months of that programme, namely 1 August 2005 until 31 January 2006. In this way we are able to give a continuous account of the facts. Our Article 5(1) assessment as such, taking account of the considerations to which we refer above, starts from 1 August 2005. The Security Normalisation Programme 2.4 We set out the letter of notification from the Secretary of State in Annex III and the full security normalisation programme in Annex IV. 2.5 There are a number of points about the programme to which it is important to draw attention: - Everything in the programme is subject to the overriding requirement that an “enabling environment” exists. This term is used in the Joint Declaration of April 2003 to describe the 2 See paragraphs 1.2 and 1.4 above. circumstances in which it would be possible to implement normalisation. It is related to the assessment we are required to make of the threat and to the British Government’s obligation to ensure public safety. - The twenty four month programme is divided into periods of 8, 12 and 4 months whereas we are required to report at six monthly intervals. Although most things in the first part of the programme are to be completed within the 6 months covered by this first report, some may be completed in the 7th and 8th months of the first period of the programme. In that event their completion could be verified only in our next Article 5(1) report. - Some aspects of the programme require no specific action on the ground but either the publication of more detailed plans (in the first period, for the phased reduction in the number of troops) or the continuation without a specific timetable of work already in hand (in the first period, the continuation of the review of the police estate initiated in 2005; and in the case of new patterns of police patrolling, their “progressive development” over the period starting in April 2006). This means that judgements on progress on these matters cannot necessarily always be clear cut. - While the police estate and patterns of police patrolling are not specified in Article 5(1) as matters we are obliged to monitor, because they feature as elements of the programme they will be part of our monitoring. - Article 5(1)(a) requires us to monitor the levels of British Army helicopter use. There is no specific reference to helicopters in the normalisation programme, although flying is influenced by important features of the programme such as the number of troops and of observation towers. We have followed the requirements of Article 5 and cover British Army helicopter use in this Report. 2.6 As we said in our Second Report, there is a much wider context of normalisation and others are deeply involved in pursuing and measuring change in law enforcement and criminal justice generally3. These organisations have different responsibilities from ours, and it is not for us in any way to usurp their role, although as we show later in this report there are some respects in which their work is relevant to our own. We invite readers to bear this in mind and to take full account of the nature of the changes being made at the present time and the extent of the oversight of them. 3 In addition to the policing and law enforcement bodies themselves, whose responsibility it is to implement the changes, there are the Policing Board, the District Policing Partnerships, the Police Ombudsman, the Office of the Oversight Commissioner, the Justice Oversight Commissioner and the Chief Inspector of Criminal Justice. 3. OUR APPROACH TO THIS REPORT AND THREAT ASSESSMENT 3.1 We attach as much importance to receiving a wide range of views and information for this report as we do for our reports on paramilitary activity. To that end in preparing this report we have had discussions with representatives of official organisations and with others in the UK and Ireland.
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