Report 19 - May 2007 The proposed revisions for the policing services in Northern Ireland are the most complex and dramatic changes ever attempted in modern history. Table of Contents Page Subject 1-3 Introduction 4-5 Abbreviations 7-20 Commissioner’s Overview 21-30 Human Rights 31-54 Accountability 55-64 Policing with the Community 65-81 Policing in a Peaceful Society 83-93 Public Order Policing 95-110 Management and Personnel 111-116 Information Technology 117-129 Structure of the Police Service 131-137 Size of the Police Service 139-163 Composition and Recruitment 165-188 Training, Education and Development 189-194 Culture, Ethos and Symbols 195-205 Cooperation with other Police Services 207-209 Oversight Commissioner 211-217 Future challenges 219-236 Appendix A - Recommendation Progress Tables 237-239 Appencix B - The Oversight and Evaluation Team 241-245 Appendix C - The Policing Oversight Evaluation Methodology 247-252 Appendix D - Ongoing Oversight and Monitoring Issues for NIO and Policing Board This report is published pursuant to: Part IX, Section 68 (1), of the Police (Northern Ireland) Act 2000. introduction This is the 19th and final report of the Oversight Commissioner for Policing Reform, a role recommended to support the implementation of the 175 recommendations made by the Independent Commission on Policing Reform for Northern Ireland, more commonly known as the Patten Commission. The role of a policing Oversight Commissioner was recommended for a 5-year term, with extensions as required. The terms of the governing legislation that established the office and role of an independent and Oversight Commissioner external Oversight Commissioner expire on 31 May 2007. This is Al Hutchinson appropriate and timely given the progress demonstrated by the institutions of policing – the Police Service of Northern Ireland (PSNI), the Policing Board of Northern Ireland, and the Ombudsman. It is particularly significant that the Assembly of Northern Ireland has resumed its role, and they are scheduled to assume control of a devolved policing and justice responsibility next year. Linkages to the Independent Commission report and details of the oversight process, together with previous reports can be found on our website at www.oversightcommissioner.org I have made this final report a comprehensive ‘stand-alone’ account, so that an interested reader can review in one document the recommendations of the Independent Commission, their purpose and history, the progress of those recommendations and any remaining areas of concern. I have also included appendices which identify by institution the recommendations remaining to be completed, as well as the usual ‘report card’ format identifying at-a-glance the state of completion for each recommendation. An overview of the methodology employed by the oversight process is also included as an appendix. One change for this final report relates to my Future Challenges chapter. In the past I attempted to avoid any prescriptive observations, staying within the parameters of the Independent Commission’s recommendations, simply evaluating and reporting the factual progress, deficits or remissions. This allowed the artificially accelerated evolution of policing to occur, within the context of successful policing leadership and the governance and accountability responsibilities of the Policing Board, District Policing Partnerships and the Ombudsman. While this has been an effective strategy, it is important with my departure that I clearly identify and leave behind my concerns for the future of policing in Northern Ireland, as well as the risks, challenges and opportunities that exist. I am doing this because it would be easy with the ending of the Oversight Commissioner’s mandate, and with the euphoria surrounding the commencement of the local Assembly, for some to assume that the policing change is accomplished and there can be a period of rest and respite from change. Such belief would be a mistake because continual change is now a reality and Northern Ireland no longer has an exemption from either local or global evolution. In the final chapter I address some of the strategic future challenges facing policing in Northern Ireland. These include future community engagement concerns, sustainability and capacity challenges, the impact on the future as a result of ‘policing the past’, and finally accountability challenges. 1 The role of the Oversight Commissioner would not have been successful without the assistance, or forbearance, of a number of organisations and people. While it is impossible to acknowledge everyone who has assisted this process, I do want to acknowledge a few people and groups.The first Oversight Commissioner,Tom Constantine, proved to be a wise choice by government. His years of law enforcement experience, unrelenting integrity, firm hand and vision enabled the independent oversight process to start with a solid foundation. The evaluation team contained extensive international policing and academic experience, as well as unremitting energy, enthusiasm and commitment. Their details can be found on our website and for ease of reference in an appendix to this report, but I would like to acknowledge the work of Dr. David Bayley, Charles Reynolds, Robert Lunney, Roy Berlinquette, Gil Kleinknecht, Mark Reber and Robert Warshaw. In the formative stages, the International Chiefs of Police (IACP) organisation generously supported our efforts through a gathering of world-class police leaders who assisted in providing their benchmarking standards for policing. A number of Northern Ireland institutions and individuals have consistently supported the oversight process by being open, frank and critical when appropriate. While this list is not exhaustive, it does certainly include the leadership of the Police Service, the Policing Board and the Ombudsman who constantly demonstrated that they were open to examination and critique. The support and openness of Chief Constable Sir Hugh Orde (and his predecessor Sir Ronnie Flanagan), the Chair of the Policing Board Sir Desmond Rea, and the Ombudsman Nuala O’Loan are particularly significant. NGO’s, and in particular the Committee for Administration of Justice (CAJ) served as ‘critical friends’ to the oversight process and did not hesitate to constructively critique for the betterment of policing and justice. The Church Leaders were collectively and individually supportive and their wise observations and counsel were always welcomed. There are countless others who cannot be named, but suffice it to say ‘you know who you are’ and your support has been appreciated by myself, my predecessor Tom Constantine and the evaluation team. Finally, but importantly for this theme of acknowledgment, I must note the support of government in subjecting themselves to external independent scrutiny. It is fashionable for some to ‘knock government’, sometimes with reason, but I want to clearly record that this process of independent scrutiny of the policing change would not have occurred without the Government’s decision to ultimately endorse the Independent Commission’s recommendations and provide the ongoing commitment to see the process of independent review through to the end. While Northern Ireland’s experience with the past certainly allows for ready cynicism, I believe that history will reflect the government’s decision to undertake external independent policing and justice oversight marked a new threshold of openness and transparency. The government deserves credit for those steps taken some seven years ago, and for its continued support. It would also be easy, following these accolades, to believe that the policing change process is complete, that stability and equilibrium have been achieved, and Northern Ireland will face a bright future in their relationship with policing. That will not be the case and these are simply the beginning footsteps of a long journey. While there has been substantial overall progress, and the institutions of policing are performing their respective roles of delivery, governance and 2 accountability, there are Independent Commission recommendations that remain unfulfilled and introduction there are significant future challenges that place recommendations at risk. These are articulated in the following pages and from a more global perspective are reflected in the Future Challenges chapter. Successful policing must be about effective results and outcomes that meet the expectations of the communities and residents of Northern Ireland. That goal has not yet been reached. As I noted in a previous report, progress on policing cannot be measured solely by structures, systems and processes developed or put in place over time, but on the relationship of the police with those being policed, and the relative views and perspectives of each group toward the other. Can this goal be achieved? I remain optimistic that a balance can be achieved between the delivery of policing in Northern Ireland and the expectations of its people. This is because of the commitment of the Police Service, the leadership of the Policing Board, and the robust accountability mechanism of the Ombudsman. Equally, the apparent success of the political process should foreshadow the eventual devolution of policing and justice powers to Northern Ireland, where it should reside. In the midst of these positive accomplishments, it is equally important to continually remind ourselves how complex and fragile these relationships are, but also how great the prize is - a fair,