Independent Reviewer of National Security Arrangements: 2022 Report

Thursday 18th May 2023 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton- Harris)]

The role of the independent reviewer of national security arrangements in Northern Ireland is to monitor compliance with annex E of the St Andrews agreement 2006, reviewing the relationship between MI5 and PSNI in handling national security matters.

Professor Marie Breen Smyth, the independent reviewer of national security arrangements in Northern Ireland, has sent me her report for 2022. What follows is a summary of the main findings of the report covering the period from 1 January 2022 to 31 December 2022. Professor Breen Smyth states:

“My contact with MI5 and the PSNI was largely conducted in person. I was given a clear insight of both the current direction, the prevailing budgetary conditions and the interaction between both organisations. The policy of wider collaboration and further community initiatives has continued.

During the COVID-19 pandemic, due to the restrictions introduced by the UK government, the level of activity amongst terrorist and paramilitary groups abated somewhat. With the ending of restrictions and a return to previous levels of mobility and freedom of movement, that suppressive effect has ended and these groups have returned to their previous levels of operational activity.

Although the threat assessment for Northern Ireland was lowered in 2022 from Severe to Substantial, in their Fifth Report the Independent Reporting Commission pointed out that paramilitarism remains a clear and present danger. The threat from Dissident Republican (DR) groups remains a concern for law enforcement.

The two main loyalist groups, the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF) continue to operate, and sections of both groups, largely in the Belfast area, are involved in intimidation, criminality and violence.

The PSNI reported that work continued on broader communication and improving protocols between PSNI and MI5 in order to increase cooperation in releasing information whilst maintaining security protocols. Dialogue between the Human Rights Advisor to the Policing Board and MI5 has established a relationship of mutual understanding. Regular meetings and exchanges at a high level between PSNI and MI5 are noticeable and commendable.”

“My conclusions in relation to Annex E of the St Andrews agreement are as follows.”

To reinforce this comprehensive set of safeguards, the UK Government confirm that they accept and will ensure that effect is given to the five key principles, which the chief constable has identified as crucial to the effective operation of the arrangement:

a: All Security Service intelligence relating to terrorism in Northern Ireland will be visible to the PSNI

I am informed that the PSNI continues to have sight of all security service intelligence relating to NIRT. There is compliance.

b: PSNI will be informed of all Security Service counter terrorist activities relating to Northern Ireland

There are a number of processes in place to ensure that the PSNI is fully informed. There is compliance.

c: Security Service intelligence will be disseminated within PSNI according to the current PSNI dissemination policy, and using police procedures

This continues to be organisational practice. There is compliance.

d: The great majority of national security CHIS in Northern Ireland will continue to be run by PSNI officers under existing handling protocols

The PSNI and security service continue to work jointly on cases and arrangements for this continue to be jointly negotiated and agreed. There is compliance.

e: There will be no diminution of the PSNI’s responsibility to comply with the Human Rights Act or the Policing

PSNI continues to operate within the National Security arena in strict compliance with ECHR. There is compliance.

[HCWS783]