Five year legislative review

What is the current position?

The Police Ombudsman must issue reports on investigations into referrals made by the Chief Constable, the Policing Board and the Department of Justice. However, the regulations do not extend to a report on a referral made by the Director of Public Prosecutions. There is also no provision to permit the Ombudsman to share these reports with victims, their families and/or complainants.

In addition, there is no general power conferred on the Ombudsman to publish these reports. The Ombudsman may make a ‘public statement’. However, this is not defined in the legislation and so has been interpreted widely to include a range of publications (such as thematic reports, case summaries and press releases).

What we propose

We believe that the Police Ombudsman legislation should be amended to permit statutory reports on referrals from the Director of Public Prosecutions.

We believe that the Police Ombudsman should have a discretion to publish any reports on investigations and the exercise of the Office’s functions when it is in the public interest to do so.

If legislation is amended to provide a general power to publish reports, the Ombudsman ought to be required also to take account of the rights and interests of the complainant, police officer(s) and any other person when publishing a report.

Why is it important?

We believe this is an omission in existing legislation.

Increasingly, the Office finds itself having to explain and, at times, defend the inability to share or produce reports on investigations which may be considered to be in the public interest.

At the same time, the Police Ombudsman recognises the importance of safeguards for the protection of the privacy of individuals and the rights and interests of other persons. These safeguards are provided in Article 8 (right to privacy) of ECHR. There are also the requirements of natural justice and procedural fairness.

Other ombudsmen, for example, the Northern Ireland Public Services Ombudsman, have the discretion to publish reports on investigations when it is considered in the public interest to do.

A similar general power would ensure greater openness and transparency about the Office’s work which would, in turn, assist in the Office’s statutory remit to build confidence in policing.