House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Police (Northern Ireland) Bill [HL]


Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    6

 

Reports and inquiries

 8     Reports of Chief Constable

     (1)    Section 59 of the Police (Northern Ireland) Act 2000 (c. 32) (general duty of

Chief Constable to report to Board) is amended as set out in subsections (2) and

(3).

5

     (2)    For subsection (3) substitute—

           “(3)              The Chief Constable may refer to the Secretary of State a requirement

to submit a report under subsection (1) if it appears to the Chief

Constable that a report in compliance with the requirement would

contain information which ought not to be disclosed on any of the

10

grounds mentioned in section 76A(1).”

     (3)    In subsection (4) for “subsection (3)” substitute “section 76A(1)”.

     (4)    Subsections (1) to (3) have effect in relation to a requirement to submit a report

under section 59(1) of the Police (Northern Ireland) Act 2000 if—

           (a)           the Chief Constable has not referred the requirement to the Secretary of

15

State under section 59(3) of that Act before the day on which this Act is

passed;

           (b)           the Chief Constable has referred the requirement to the Secretary of

State under section 59(3) of that Act before that day but the Secretary of

State has not before that day decided whether to modify or set aside the

20

requirement under section 59(4) of that Act.

 9     Inquiries by Board

     (1)    Section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board

following report by Chief Constable) is amended as set out in subsections (2)

and (3).

25

     (2)    For subsection (3) substitute—

           “(3)              The Chief Constable may refer to the Secretary of State the decision of

the Board to cause an inquiry to be held under this section if it appears

to the Chief Constable that such an inquiry ought not to be held on any

of the grounds mentioned in section 76A(2).”

30

     (3)    In subsection (5) for “should not be held on a ground mentioned in subsection

(3)” substitute “ought not to be held on any of the grounds mentioned in

section 76A(2)”.

     (4)    Subsections (1) to (3) have effect in relation to a decision of the Board to cause

an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000

35

if—

           (a)           the Chief Constable has not referred the decision to the Secretary of

State under section 60(3) of that Act before the day on which this Act is

passed;

           (b)           the Chief Constable has referred the decision to the Secretary of State

40

under section 60(3) of that Act before that day but the Secretary of State

has not before that day decided whether to overrule the decision under

section 60(4) of that Act.

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    7

 

 10    Approval of proposals relating to inquiries by Board

     (1)    Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32)

(procedure for decisions of Board relating to inquiries under section 60) is

amended as set out in subsections (2) and (3).

     (2)    In sub-paragraph (5) after “by” insert—

5

                       “—

              (a)             a majority of members of the Board present and voting on the

proposal, and

              (b)             “.

     (3)    In sub-paragraph (6)—

10

           (a)           for “10” substitute “8”;

           (b)           for “9” substitute “7”;

           (c)           for “8” substitute “6”.

     (4)    Subsections (1) to (3) have effect in relation to meetings under paragraph 18 of

Schedule 1 to the Police (Northern Ireland) Act 2000 held on or after the day on

15

which this Act is passed.

The Police Ombudsman

 11    Investigations into current police practices and policies

     (1)    After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert—

       “60A Investigations into current police practices and policies

20

           (1)           The Ombudsman may investigate a current practice or policy of the

police if—

                  (a)                 the practice or policy comes to his attention under this Part, and

                  (b)                 he has reason to believe that it would be in the public interest to

investigate the practice or policy.

25

           (2)                         But subsection (1) does not authorise the Ombudsman to investigate a

practice or policy to the extent that the practice or policy is concerned

with conduct of a kind mentioned in section 65(5) of the Regulation of

Investigatory Powers Act 2000 (conduct which may be within

jurisdiction of tribunal established under section 65 of that Act).

30

           (3)           If the Ombudsman decides to conduct an investigation under this

section he shall immediately inform the Chief Constable, the Board and

the Secretary of State of—

                  (a)                 his decision to conduct the investigation, and

                  (b)                 the practice or policy into which the investigation is to be

35

conducted.

           (4)           When an investigation under this section has been completed the

Ombudsman shall report on it to the Chief Constable and the Board.

           (5)           The Ombudsman shall send a copy of his report to the Secretary of

State, if the investigation relates wholly or in part to—

40

                  (a)                 a matter in respect of which a function is conferred or imposed

on the Secretary of State by or under a statutory provision, or

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    8

 

                  (b)                 an excepted matter (within the meaning given by section 4 of

the Northern Ireland Act 1998).”

     (2)    Section 61A of the Police (Northern Ireland) Act 1998 (c. 32) shall cease to have

effect.

     (3)    In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under

5

section 61A” substitute “report of an investigation under section 60A”.

     (4)    In section 66 of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning

insert “(1)” and at the end insert—

           “(2)              Subsection (3) applies if—

                  (a)                 the Chief Constable or the Board supplies information, or

10

information contained in a document, to the Ombudsman

under subsection (1) for the purposes of or in connection with

an investigation under section 60A of the 1998 Act;

                  (b)                 the person supplying the information is of the opinion that it

ought not to be disclosed on any of the grounds mentioned in

15

section 76A(1).

           (3)              The person supplying the information must—

                  (a)                 inform the Secretary of State that the information has been

supplied to the Ombudsman;

                  (b)                 inform the Secretary of State and the Ombudsman that, in his or

20

its opinion, the information ought not to be disclosed on any of

the grounds mentioned in section 76A(1).”

District policing partnerships

 12    Independent members

In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000

25

(appointment of independent members of district policing partnerships) after

sub-paragraph (1) insert—

                       “(1A)                In appointing independent members of a DPP the Board shall so far

as practicable secure that the members of the DPP (taken together)

are representative of the community in the district.”

30

 13    Disqualification

In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000

(disqualification for membership of a district policing partnership), after sub-

paragraph (1) insert—

                       “(1A)                                A person removed from office under paragraph 7(1) is disqualified

35

for membership of a DPP until the date of the next local general

election following his removal.”

 14    Council’s powers

Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing

partnerships) shall be deemed to have been enacted with the following

40

paragraphs inserted after paragraph 10—

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

    9

 

“Indemnities

        10A                                The council may indemnify a member of a DPP in respect of liability

incurred by him in connection with the business of the DPP.

Insurance against accidents

        10B               (1)                The council may insure against risks of a member of the DPP meeting

5

with a personal accident, whether fatal or not, while he is engaged on

the business of the DPP.

                       (2)                Sub-paragraph (3) applies if the council receives a sum under any

such insurance in respect of an accident to a member of the DPP.

                       (3)                The council shall pay the sum to the member or his personal

10

representatives, after deducting any expenses incurred in its

recovery.

                       (4)                The provisions of the Life Assurance Act 1774 as extended by the Life

Insurance (Ireland) Act 1866 do not apply to any insurance under

this paragraph.”

15

Police functions and appointments

 15    Core policing principles

     (1)    In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) (the police) at the

beginning insert—

“Core policing principles

20

       31A Core policing principles

           (1)           Police officers shall carry out their functions with the aim—

                  (a)                 of securing the support of the local community, and

                  (b)                 of acting in co-operation with the local community.

           (2)           In carrying out their functions, police officers shall be guided by the

25

code of ethics under section 52.”

     (2)    In section 3 of that Act (general functions of Board), in subsection (3)(b) before

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

     (3)    In section 57 of that Act (annual reports by Board), in subsection (2)(a) before

30

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

     (4)    In section 32 of that Act (general functions of the police) subsections (4) and (5)

shall cease to have effect.

     (5)    In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the

35

Police Service of Northern Ireland engaged on other police service), in

subsection (7)(b) for “section 32” substitute “sections 31A and 32”.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 24 January 2003