Police Ombudsman for Northern Ireland: Legacy Cases

Debate between Jeffrey M Donaldson and Albert Owen

Tuesday 26th March 2019 Westminster Hall

[Albert Owen (in the Chair)]

Before we start the debate, I will issue a reminder to hon. Members that under the terms of the House resolution on the matter of sub judice, they should not refer to specific cases that are currently subject to legal proceedings. Hon. Members may, of course, speak on general issues. The Clerk will be advising and prompting me and I will rule accordingly.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I beg to move,

That this House has considered the role of the Police Ombudsman for Northern Ireland in legacy cases.

I welcome the opportunity for this debate this afternoon. I thank the Minister, the shadow Secretary of State and other colleagues for their presence and participation today.

I will say at the outset that this is a matter that rightly requires the attention of this Parliament, not a parochial issue for Northern Ireland MPs alone. Although the appointment of the Police Ombudsman for Northern Ireland is a matter for the Secretary of State for Northern Ireland and the finance is overseen by the Department of Justice, a devolved Department in Northern Ireland, legacy matters form a significant part of the work of the police ombudsman’s office, a significant part of which relates to national security, which of course is not a devolved issue. Therefore, I believe it is entirely appropriate that we consider these matters.

Hon. Members will be aware that there is currently an ongoing judicial review of one particular case investigated by the police ombudsman, which relates to a report on killings in 1994 in Loughinisland. I will not go into the detail of the judicial review, but I will refer to the case in general terms and give my view, as a public representative, on where I think the police ombudsman’s report was deficient in the context of the debate. This is not about the legal issues that are the subject of the judicial review, but if you feel I am straying at any stage, Mr Owen, you will of course bring me back into line.

It is worth recalling that the primary role of the police ombudsman in Northern Ireland is to investigate complaints by the public against police officers. That includes complaints linked to cases that are part of the legacy of our troubled past. Unlike most, if not all, types of—

[Albert Owen (in the Chair)]

Order. If I may just help the right hon. Member, this is a live case and there is a sense that this might prejudice it in some way, so I would be very careful in how he proceeds on this one. That is the advice I have been given and I ask him to take that on board now.

[Sir Jeffrey M. Donaldson]

Of course, Mr Owen, but since the ombudsman’s report is a matter of public record, it is entirely appropriate that public representatives comment on that report and its findings, and that is what I intend to do. I will of course be open to advice on this subject.

--- Later in debate ---

[Albert Owen (in the Chair)]

Just for clarification, it is important that we do not stray, and if hon. Members go further than discussing principles and policies, I will have to ask them to resume their seat.

[Sir Jeffrey M. Donaldson]

Thank you, Mr Owen.

As I was saying, unlike most, if not all, other types of ombudsman in the UK, the Police Ombudsman for Northern Ireland has significant powers that include powers of arrest, detention, interview and conducting searches on property. Indeed, the powers are similar to those of the police. Those functions must be carried out under both the Police and Criminal Evidence Act 1984 and the Regulation of Investigatory Powers Act 2000, and the police ombudsman must comply with the requirements of that legislation. Nevertheless, I think many people would be of the view that using “ombudsman” to describe the work of the Police Ombudsman for Northern Ireland might be a misnomer, given the wide, sweeping police powers that the Police Ombudsman for Northern Ireland has—unlike, I believe, any other ombudsman.

My comments today will focus on the making of section 62 public statements on findings arising from reports by the Police Ombudsman for Northern Ireland on legacy cases involving complaints that have been subjected to an investigation by the police ombudsman. Although I note that the police ombudsman has the right in principle to make such statements, I have significant concerns about the content of some of those statements and that the ombudsman may be exceeding their remit in that regard.