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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