Five year legislative review

The powers of the Office reside in the Police Ombudsman as a Corporation Sole.

Any vacancy in the post means the statutory function to provide an effective complaints systems and confidence in that system is at risk.

Currently there is no legal basis for the appointment of an interim Police Ombudsman should the incumbent die, become incapacitated or vacate the Office before the completion of his/her tenure.

We believe that legislation should provide for the appointment of an interim Police Ombudsman.

We also believe that the appointment should be subject to similar disqualifications as for the appointment of the Police Ombudsman.

This would address the oversight in current legislation which means there is no legal basis for the appointment of an interim Police Ombudsman should the incumbent die, become incapacitated or vacate the Office before the completion of his/her tenure.

Such appointments are provided for in other ombudsman legislation. For example, an Acting Public Services Ombudsman can be appointed in Northern Ireland for up to one year.

Fiosrú, Office of the Police Ombudsman in Ireland, now has a Deputy Police Ombudsman in place, who may perform the functions of the Ombudsman when the Office is vacant or when the Office holder is absent or incapacitated.

In England and Wales, the IOPC operates under a unitary board which is chaired by the Director General and is also made up of non-executive directors. The board can appoint an interim Director General with the agreement of the Secretary of State. Operational powers are vested in the Director General, however, a scheme of delegation is in place which will continue until a new Director General is appointed.