The
Independent Commission on Policing, (the Patten Report).
Following the Publication of the
Report of the Independent Commission on Policing the Secretary
of State established a consultation process whereby individuals
and organisations could comment on the Report.
The following are our comments submitted
to the Secretary of State and the Prime Minister.
SUBMISSION
ON THE REPORT OF THE INDEPENDENT COMMISSION ON POLICING FOR
NORTHERN IRELAND
Introduction
The Grand Orange Lodge of Ireland is representative
of a very large section of the community in Northern Ireland.
The lives of our members, their families and friends greatly
impact on policing and it follows that we wish to see in place
a policing system that is appropriate for the future of our
country.
We regret that much of the Report from the Independent
Commission on Policing (The Patten Commission) is a recipe
for insecurity and instability in this part of the United
Kingdom. We are concerned that the proposals are part of a
process designed to appease terrorists and political fellow-travellers
who have consistently been opposed to the existence of the
Royal Ulster Constabulary.
The Patten Commission, in its recommendations,
has gone much of the way to meet the demands of those extremists
in our society who have been calling for the disbandment of
the R.U.C. and there is little comfort in the report for citizens
totally committed to the rule of law.
We are not surprised that the greater number
of people in Northern Ireland are so dismayed and, in many
cases quite understandably angered, by a report which will
manifestly ease the pressure on law-breakers and make the
task of crime detection more difficult to implement.
Under the terms of this report, a gallant force,
which has defended the people of Northern Ireland of all classes
and creeds from the ravages of terrorism during the 30 years
of our Troubles and maintained law and order in very difficult
circumstances, will be changed beyond recognition.
Many of the recommendations contained in this
report need to be abandoned if policing is to enjoy the confidence
and respect of the majority of citizens in Northern Ireland,
both Protestants and Roman Catholics, and people of other
faiths who live in the province.
Fairness, integrity, diligence, impartiality,
efficiency, dedication and courage have been the outstanding
hallmarks of the R.U.C. during the 77 years of its existence
and the Patten Commission, in our view, failed to recognise
this.
If this report as it currently stands is adopted,
history will record another great ill being served on the
decent, law-abiding people of Northern Ireland. The record
of service and continued commitment to the people of this
Province by the Royal Ulster Constabulary is deserving of
the highest commendation.
The past should not be divorced from the present.
The R.U.C. must be allowed to enter the new Millennium, with
its Royal title and ethos intact, but boosted by the morale
and dedication of highly professional officers shored up with
the necessary resources and technology required for a modern
police force.
Title, Emblems and Ethos of R.U.C.
The most offensive proposals contained in the
Patten Report are the removal of the "Royal" from
the force's title with the replacement by a new name - The
Northern Ireland Police Service - and the apparent total abandonment
of all aspects of Britishness from the ethos, traditions and
ceremonial rituals of the force.
The title, Royal Ulster Constabulary, must remain.
The Royal Charter was not given lightly to the R.U.C. at its
inception in 1922 and it must never be forgotten that the
proud and honourable title has historical connections to the
force's illustrious predecessor, the Royal Irish Constabulary.
Against the will of the vast majority of people
in Northern Ireland of all creeds and classes, the change
in the R.U.C. title is being demanded for overt political
reasons by groupings, some of whom have obvious terrorist
associations.
We would concur with the conclusions reached
by the Police Authority for Northern Ireland and the Northern
Ireland Police Federation that changing the name of the R.U.C.
is unlikely to stimulate additional applications from the
minority nationalist community to join the force.
We would pose the question what does this say
to those brave members of the Roman Catholic community who
have served or are serving in the R.U.C.
It is interesting to note that in several recent
public surveys conducted in Northern Ireland there was no
demand from any significant section of the community, Protestant
and Roman Catholic, for a change in the R.U.C. title.
Any change in title will also be seen as a nonsense
against the backdrop of the likely retention of the title
by the R.U.C. Athletics Association, the R.U.C. Football Club
etc.
There must also be no change in the R.U.C. crest,
which has been worn with great dignity by gallant officers
down the years. How inappropriate it is that the Patten Commission,
in attempting to find bland neutrality for a police force
in Northern Ireland, should discard the R.U.C. crest which
contained the Crown, the Harp and the Shamrock- symbols which
so clearly manifest cultural diversity right across this island.
The proposed introduction of a new oath for
police officers, placing emphasis on the upholding of human
rights, wrongly implies that this was not a central code of
conduct for the R.U.C., whose standards of behaviour have
been and still are a shining example worldwide.
We would very strongly contend that the Union
Jack should be flown on all R.U.C. buildings as a sign that
the force is a British law-enforcement agency. We find highly
insulting the recommendation contained in the report which
states that the proposed Northern Ireland Police Service should
be "free from association with the British state".
It is also impractical in so much as the police will remain
part of British policing and officers will be members of the
Police Federation, the Superintendents Association etc. whith
their colleagues in the rest of the United Kingdom.
We would very strongly contend that the Union
Jack should be flown on all R.U.C. buildings and a photograph
of the Head of State, Her Majesty The Queen, be displayed
within the building.
The Union Jack is not a sectarian emblem. It
is the national flag of the United Kingdom, of which Northern
Ireland constitutionally and by the consent of the vast majority
of its people confirmed in successive elections over a period
of almost 80 years, is an integral part.
We welcome the suggestion that memorials should
remain as they are and where they are.
Size of the R.U.C.
The proposed reduction in the force from 13,000
full-time officers to 7,500 would create a serious vacuum
in Northern Ireland, resulting in inadequate policing of large
urban and rural areas that would inevitably lead to a significant
increase in crime.
The continuing threat of terrorism, the upsurge
of lawlessness in many communities and the serious problems
caused by drugs mitigate against any forseeable decrease in
the numbers of police personnel for Northern Ireland.
Even if peace was to prevail over the next few
years, the history of Ireland would suggest that a potential
terrorist threat can never be ignored. A force of at least
10,000 officers would still be required to adequately police
the Province, with its population of 1.6 million and large
expanse of rural countryside.
Professional efficiency and the capability to
properly police Northern Ireland must always be the criteria
in deciding on the personnel levels for the force. It appears
to us that the size of the Police Service has to be governed
by the Chief Constable given the intelligence at hand.
The proposed phasing out of the full-time reserve
placings will considerably weaken the R.U.C. The reserve officers
were a solid back-up to the main force during the 30 years
of the Troubles, providing selfless dedicated service, and
it is highly significant that of the 302 R.U.C. officers murdered
in acts of terrorism, 49 were full-time reservists.
In the present climate of lawlessness in some
large urban areas of Northern Ireland, and the continuing
scenario of serious crime-related incidents carried out at
the behest of paramilitaries, it would be unthinkable to dispense
with the R.U.C. reservists.
Composition, Recruitment, and Training
The Patten Commission, in stating that it prefers
a recruitment of 50 per cent Protestant and 50 per cent Roman
Catholic over a 10-year period, is in effect suggesting blatant
discrimination against Protestants.
The Orange Institution has no difficulty with
an increase in the number of Roman Catholics in the R.U.C.,
but merit and character suitability has to be the absolute
criteria for the recruitment of police officers.
We acknowledge that since the formation of the
force many Roman Catholic officers have served with distinction
in the R.U.C. alongside equally courageous and highly principled
Protestant members of the force. We find it regrettable and
sad that the campaign of murder and intimidation by the I.R.A.
and supporters has prevented many more Roman Catholics from
comfortably taking on the mantle of R.U.C. personnel.
We totally refute the claim that the R.U.C.
has been a "sectarian" force. Such a charge is not
only wrong and malicious, but deeply offensive to the men
and women of all persuasions who have worn the force's uniform
with pride and a marked degree of professionalism.
Religion has never been a barrier to the promotion
of officers within the R.U.C. and recruitment has always been
conducted on a strict basis of merit and adequate character
requirements. The Commission in its Report confirms that the
percentage of Roman Catholic applicants to the R.U.C. rose
from 12 to 20 per cent after the I.R.A. ceasefire of 1994.
It fell back when the ceasefire ended, but rose again in 1998
to 20 per cent.
These trends clearly indicate that many Roman
Catholics would feel much less inhibited about joining the
R.U.C. if they had not to contend with the intimidation directed
against them in their communities by militant republicans.
We would fully support any meaningful liaison
established by the R.U.C. with schools, college and universities
in Northern Ireland, in a bid to recruit young men and women
from all walks of life to the concept of upholding law and
order and the basis of a settled, peaceful community.
The R.U.C. has gone to great lengths to recruit
the best qualified officers from all sections of the community
and to put across its message of a caring, community-based,
professional police force which operates to the highest standards
of justice, and the rule of law.
Many of the suggestions within the Commission
Report in relation to training are to be welcomed.
We take the view that the length and structure
of training of police officers has to be closely examined.
Recruits must be prepared for policing in the wider community,
duties that include dealing with ordinary members of the general
public and having a clear understanding of their traditions
and cultures. The period of assessment and the timing of their
probationary period has always to be reviewed. It is our opinion
that the R.U.C. have been unable to fully take advantage of
Information Technology due to budget constraints.
There is a need for greater community policing
with more officers "on the beat" and the opening
of small stations or police bases in our small towns and villages.
It is essential that the community at large can identify with
the force and we believe this can best be done through close
and frequent contact between police officers and the community
they serve.
The matter of R.U.C. officers holding membership
of the Orange Institution or indeed any other legitimate organisation
should not be in contention. While the Commission stops short
of banning members of the loyal orders from becoming police
officers, there is a demand for officers to list the organisations
to which they belong in a private capacity, whether these
be the Orange Order, the Royal Black Institution, the Apprentice
Boys of Derry, the Masonic Order, the Ancient Order of Hibernians
etc. We consider such a register to be an infringement of
civil liberties with the potential for abuse obviously present.
The concept of a register also begs the question where do
you stop? Will it be necessary to actually compile a register
on the lines of race, gender, sexual orientation etc.
If the members of the police are truly to appreciate
diversity of culture they must reflect that cultural diversity
and registers are likely to become a barrier to this.
The acceptability levels of a police force range
from country to country, and in most countries there is always
a significant minority of people who do not subscribe to the
accepted concept of law-enforcement. Various surveys confirm
that the R.U.C. figures high in the levels of police force
acceptability worldwide.
Co-operation with other Police Services
As a British police force, the R.U.C. should
at all times have a close working relationship with forces
operating in other regions of the United Kingdom. We accept
that much of the contact the R.U.C. has had with other forces
in Britain, the United States and Europe has been in relation
to counter-terrorism and it would be helpful to have full
co-operation in the other ranges of police activity.
Cross-border co-operation on policing certainly
has merit in the fields of combating terrorism and other forms
of criminal activity, provided it is fully recognised that
the R.U.C. and the Garda Siochana patrol in their designated
sovereign areas.
Any suggestion that the Patten Commission idea
of "a programme of long-term personnel exchanges"
should result in Garda officers being allowed to police areas
of Northern Ireland is totally unacceptable.
However, crime like terrorism is no respecter
of international boundaries and it is imperative that there
must be the closest possible co-operation not only with other
police forces within the United Kingdom, but the Garda Siochona
and others.
Accountability
We fully accept that all Police Services must
be accountable and we believe there is an absolute need for
a body like the Northern Ireland Police Authority with responsibility
for various issues outside R.U.C. operational matters. We
accept that such a body should have strong elected representation
as well as nominees who can bring professional expertise in
related fields of policing.
We feel, however, that any members of a police
authority or board must at all times be totally committed
to peaceful and lawful means. In proposing that 10 members
of a 19-strong consultative policing board should be drawn
from the present Northern Ireland Assembly, the Patten Commission
is effectively reserving two places for Sinn Fein, a party
inextricably linked to the Provisional I.R.A., which has for
the past 30 years carried on a vicious terrorist campaign
against the R.U.C.
It would be an intolerable situation in any
democracy for the political representatives of a terrorist
and criminal organisation to be given a significant input
into policing, yet it seems incredible that the Commission
is opening up two fronts whereby this would occur in Northern
Ireland.
The Commission report does state that people
with terrorist and criminal backgrounds should not be considered
for the police service.
However, in stipulating that each of the Province's
26 District Councils should have statutory involvement in
community policing, the Commission is effectively opening
the doors of recruitment to people with paramilitary and political
backgrounds, both republican and loyalist.
There are many paramilitaries, who, because
of lack of evidence in the crimes they have committed, have
no court convictions and it is conceivable that such people
could be enrolled in the type of police force suggested or
serve on the District Policing Partnership Boards.
The proposed district policing partnership boards
in each of the 26 Northern Ireland regions would inveriably
result in a Balkan-style ethnic and sectarian carve-up on
operational police matters, disastrously introducing acutely
divisive political problems in the realms of law-enforcement
across the Province.
The District Council proposal may have benefits
in raising finance towards the cost of improved policing,
but it would very likely mean unrepresentative elements having
an undue influence on the operational direction of the force.
Public Order Policing
The Patten Commission, in this section, has
moved far outside its remit on policing in Northern Ireland
by directly commenting on specific incidents and making political
judgments on the question of loyal order parades and protests
by opposing republican-nationalist groups.
Some of the comments made appear to be politically
motivated and it appears that the Commission is attempting
to subvert and eliminate the various forms of expression of
unionist and Orange culture.
The suggestions offered by the Commission on
the strict marshalling of parades in close liaison with the
R.U.C. are already applicable in relation to loyal order marches
and gatherings. Indeed, the integrity of the organisation,
marshalling and discipline of Orange Order parades is, and
always has been, a widely acknowledged feature of our approach
to public events organised by our Institution.
Police Intelligence Gathering
The Commission suggests a very serious impediment
in combating terrorism with its recommendation to effect a
"root and branch" overhaul of the R.U.C. Special
Branch, which has been at the forefront in countering security
threats throughout the United Kingdom.
Amalgamating the Special Branch and Crime Branch,
merging the Special Branch support units into the wider police
service, substantially cutting the number of officers engaged
in security work and restricting the length of service in
this department to five years would, in our view, certainly
not enhance the efficiency of the R.U.C.'s anti-terrorist
work.
Anti-terrorist, under-cover intelligence gathering
work requires a high degree of professionalism, dedication
and experience, assembled over a long period of time. It is
an ongoing process conducted in a highly sensitive field and
any attempt to dismantle or disrupt the work for political
or cost-cutting reasons must be resisted.
Complaints and Discipline Procedure
Many complaints against the R.U.C. or individual
officers have, in the past, been politically motivated, but
we believe it is vital that a fair and efficient complaints
procedure is set in place.
This could either be a two-tier system where
depending on the nature of the complaint it could be investigated
either internally or externally with all the necessary safeguards,
both for the rights of the complainant and those who are the
subject of the complaint.
Conclusion
As we stated in our original submission to the
Patten Commission change is inevitable in the hoped for "new"
Northern Ireland. But we must stress the importance of change
being evolutionary not revolutionary.
Any other way would be extremely offensive to
by far the greater number of people in Northern Ireland, whatever
their religious or political views, who have always supported
the forces of law and order in upholding the highest standards
of British justice.
The members of our Institution hold firm to
the view that the Royal Ulster Constabulary must not be sacrificed
on the altar of political expediency. Many of the proposals
on the R.U.C. contained in the Commission report are being
made for exactly this reason, to placate a vocal militant
minority operating within a minority community in our country.
The report must be dramatically overhauled and
a more realistic assessment made on how policing is to be
operated in Northern Ireland in the future.
We are grateful to have had an opportunity to
make our views known.
November 1999.
The
submission made to the Independent Commission on Policing
by
Grand Lodge
INTRODUCTION
It is essential that in considering the way forward that
one takes account of the realities of the past. At the outset
therefore we would wish to pay tribute to the men and women
of the Royal Ulster Constabulary who have served this community
in the highest traditions of policing. Since its inception
the Royal Ulster Constabulary has had not only to maintain
law and order but has found itself in the front-line against
terrorism. Its members have shown many qualities such as courage,
dedication, efficiency and impartiality and many have paid
a very high price for their commitment to society.
Our organisation has from time to time disagreed with policing
decisions and we have shared the concerns of the police when
a (very small) minority of their officers have failed to uphold
the high standard of discipline.
Unlike others however we will not denigrate the professionalism
and integrity of the Royal Ulster Constabulary because of
the actions of a few and because we disagree with specific
decisions.
The record of service to the people of Northern Ireland by
the Royal Ulster Constabulary is deserving of the highest
commendation.
TITLE, EMBLEMS,
AND ETHOS
The Title, Royal Ulster Constabulary must remain. This is
a proud and honourable title with historical connections to
its predecessor, the Royal Irish Constabulary.
The crest which has been worn with such dignity down the
years should not be changed. It is interesting to note that
it encapsulates a sense of both Britishness and Irishness
comprising as it does the Crown, Harp, and Shamrock.
Changes in the current uniform are not necessary other than
where required for operational purposes.
The Union Standard should be flown at Police Stations in
conformation with other Government buildings.
RECRUITMENT,
TRAINING, AND PROMOTION
These are areas that merit detailed consideration. Whilst
recruits must be encouraged from right across the community
the system of recruitment must always be based on selecting
the best people for the job. This equally applies to promotion
within the force. Recruitment and promotion must be based
on the principles of equal opportunity regardless of race,
religion, or gender.
The matter of R.U.C. Officers holding membership of the Orange
Institution or indeed any other legitimate organisation should
not be in contention.
It is inconceivable that former terrorists should be eligible
for service in the police.
The length and structure of training must also be closely
examined. We would pose the question whether or not the present
system adequately provides an R.U.C. Officer with the resources
for policing in the wider community, duties that include dealing
with ordinary members of the general public and having a clear
understanding of their traditions and cultures. The period
of assessment for an officer and the timing of their probationary
period also requires careful consideration.
With the increasing use of technology in the fight against
crime the current maximum age limit for recruitment may be
considered too low. More mature recruits may in some instances
make for better officers. We are conscious of the excellent
service provided by more mature recruits to the R.U.C. Reserve.
ORGANISATION
There must be a single police force in Northern Ireland as
exists in the Republic of Ireland. The concept of regionalisation
within such a small country is neither viable nor efficient.
The official establishment figure is currently in the region
of 13,500. The only criteria for alteration can be the numbers
required for a professional efficient service. If and when
it is deemed appropriate to have a smaller service this should
be achieved through natural wastage. If this is not possible
then appropriate resources must be made available for redundancy
packages and retraining schemes.
There is a need for greater community policing with more
officers "on the beat" and the opening of small
stations or "police houses" in our small towns and
villages. It is important that the community at large can
identify with the force. This can best be achieved through
close and frequent contact between police officers and the
community they serve. Community police should never be based
on religious, political, or racial grounds.
In the event of an end to terrorism and illegal weaponry
being decommissioned the location and construction of police
stations should be considered carefully. Whilst being ever
aware of the possibility of a resurgence of terrorism R.U.C.
Stations should become more "user friendly" to the
community.
Within the Greater Belfast area, in particular, there should
be a number of small stations in specific community areas
radiating from a larger central police base. The actual location
of police stations requires some thought. Within the Belfast
radius there are a number of major stations covering a relatively
small area. These are not necessarily central to the sub division
they cover.
The boundaries of policing divisions in Belfast require careful
consideration. We are given to understand that there are examples
of different sub divisions taking on responsibility for opposite
sides of the same street. It would be more appropriate if
physical, geographical boundaries or man made boundaries such
as major road or rail networks were used.
The officer structure must be closely examined. It is our
perception that the current structure appears to be "rank
heavy" and a more flexible officer tier should be considered
through a streamlining of the system. The most important and
pivotal role in the officer tier should be the local R.U.C.
Commander and this must be reflected in his responsibilities
and the support services he has at his disposal.
POLICING ARRANGEMENTS
Appropriate resources must be made available to the R.U.C.
in the fight against non-terrorist related crime. Areas of
concern include the increasing availability of drugs, the
general incidence of domestic crime, road traffic accidents
and the upsurge in the number of young offenders.
Many of these areas can best be dealt with through specialist
units and we would urge that such units be retained and indeed
strengthened.
The programme of education and awareness for the general
public in relation to these areas of crime should be prioritised.
While hopes remain that a permanently peaceful climate will
emerge in Northern Ireland and everyone's ultimate aim must
be an unarmed police force we must face reality.
A terrorist threat remains and unfortunately there is likely
to be an increase in violent crime including the use of firearms
e.g. in relation to the drugs scene. It will therefore be
necessary for the R.U.C. to be armed and properly equipped
to deal with violent situations that may arise. In the future
event of the removal of a terrorist threat it may be that
armed response units will suffice.
Policing duties must always be based on sound operational
reasoning and should not in any circumstances be subject to
political interference.
Crime like terrorism is no respecter of international boundaries
and therefore there must be the closest possible co-operation
not only with other police forces within the United Kingdom
but the Garda Siochana and others.
COMPLAINTS AND
DISCIPLINE PROCEDURE
Clearly many complaints against the R.U.C. or individual
officers have, in the past, been politically motivated. Nevertheless
it is vital that a fair and efficient complaints procedure
is set in place. This could be a two tier system where depending
on the nature of the complaint it could be investigated either
internally or externally with all the necessary safeguards,
both for the rights of the complainant and those who are the
subject of the complaint.
ACCOUNTABILITY
There is an absolute need for a body like the Police Authority
with responsibility for various issues outside operational
matters. There should be a strong elected representation on
this body together with nominees who can bring professional
expertise in related fields of policing. The question of who
actually nominates who to such a body must be addressed. This
may well be the responsibility of the Northern Ireland Assembly.
It would also be important to have local Police Liaison Committees
with locally elected representatives. Those serving either
on the Authority or Liaison Committees must not as individuals
or as a group seek to use the position to take political advantage.
CONCLUSION
In a changing world it is essential that any group or organisation
is capable of change to effectively meet new situations and
demands.
It is only a problem where, either, there is change for the
sake of change or change for political expediency.
There is a perception amongst our community that the Royal
Ulster Constabulary will be sacrificed on the altar of political
expediency.
We are therefore grateful to have had the opportunity to
make our views known. We are confident that any independent
consideration of the work of the Royal Ulster Constabulary
will reflect that this continues to be one of the finest police
forces in the world.
Obviously change is inevitable in the hoped for peaceful
"new" Northern Ireland. It is important however
that change is evolutionary and not revolutionary.
Any other way would be extremely offensive to by far the
greater number of people in Northern Ireland whatever their
religious or political views who have always supported the
forces of law and order in upholding the highest standards
of British justice.
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