Five year legislative review

There are currently no statutory disqualifications that apply to anyone who was formerly a serving police officer from holding the position of Police Ombudsman.

We believe that the Police Ombudsman legislation should provide for disqualifications from holding the position of Police Ombudsman for persons who are, or have been, serving police officers.

The fact that there are currently no statutory disqualifications that apply to the appointment of the Police Ombudsman is contrary to the concept of civilian oversight.

For example, in Scotland a serving or former constable of the Police Service cannot be appointed as the Police and Investigations Review Commissioner. In England and Wales, “to avoid conflicts of interest, former police officers or police staff in any part of the UK are not eligible to apply for the role” of Director General of the IOPC.

The Police Ombudsman in Ireland will not be eligible for appointment if they are or have been a member of garda personnel.

In recent times, there has also been significant commentary on the employment of former police officers in the Independent Commission for Reconciliation and Information Recovery (ICRIR), including from the Northern Ireland Human Rights Commission (NIHRC). Commentary has also been made in respect of the Police Ombudsman’s Office and the current Chief Executive’s previous policing career.

Other ombudsmen legislation provides for disqualifications for the office holder. For example, a former solicitor or barrister cannot be appointed as the Legal Ombudsman for England Wales.