Coronavirus: PSNI could have Covid-19 powers shared with others, Executive to make decision

The news comes after the PSNI admitted that more guidance from the Executive could have been helpful in enforcing emergency regulations on the matter.

The PSNI recently retracted guidance from Carrickfergus PSNI Facebook page and was accused of advising some householders that they could not sit in their own gardens.

On the Nolan Show last week, callers said ACC Alan Todd callers had been unable to give clear guidance as to whether the public could drive a short distance to public parks, despite speaking for 30 minutes.

The PSNI says that the issue of designating other public officials as enforcement bodies is a matter for consideration by the Department of Health (DoH) and that it has “asked for this issue to be considered” as it looks to the future and the possible easement of the restrictions, so as to allow it to focus on core policing responsibilities.

Assistant Chief Constable Alan Todd said: “The Regulations provided by the Department of Health were produced in order to deal with the current health emergency. Greater clarity in the regulations would have undoubtedly made our job easier; however, we recognise the difficult circumstances under which the regulations were produced and the ultimate desire to save lives. “

He added that police will continue to engage with the DoH, particularly in relation to reviewing the regulations every 21 days and will “respond to any changes directed”.

Asked to comment on the matter, the DoH said tonight that the PSNI and the Harbour Police are the enforcement authorities for the requirements of the recent Stormont legislation.

The Health Protection (Coronavirus, Restrictions) regulations (Northern Ireland) 2020, allow the Department to “designate others for the purpose of enforcing particular aspects of the Regulations” in particular under regulations seven and nine.

“However, as the Regulations are deemed to be cross-cutting in their application, designation of additional enforcement bodies would be a matter for the Executive. Ministers are due to review the regulations before May 9. Any changes to the current position will be a matter for the Executive.”

TUV leader Jim Allister expressed doubts about suggestions that the PSNI could hand over enforcement of Covid-19 regulations to other agencies.

Mr Allister said that the new legislation allows the DoH to nominate others to enforce Fixed Penalty Notice fines. “However it is not clear who the Department of Health might nominate,” he told the News Letter. “Could it nominate traffic wardens or perhaps council officials?”

The only two agencies the PSNI has not cited as supportive of its handling of Covid-19 policing are in ongoing talks about producing their own prosecutorial guidance on the matter, it has been revealed.

Police have said that the Policing Board and Departments of Health and Justice have been supportive of its conduct, however it did not mention the Attorney General or the Public Prosecution Service (PPS).

Assistant Chief Constable Alan Todd said yesterday: “While our legal advice is subject to legal privilege, we understand the need to be transparent and accountable to the community on this issue. It is therefore important to note that our current approach was developed with the benefit of other legal consultation and guidance and that it has the support of a range of partners including the Northern Ireland Policing Board and the Northern Ireland Executive including the Department of Health and the Department of Justice.”

However it was notable that two bodies Mr Todd did not cite as supportive of the PSNI interpretation of the legislation were the Attorney General John Larkin and the PPS.

Since late last week, both offices have confirmed to the News Letter that they were reviewing the current restrictions on public movement. After ACC Todd’s radio broadcast, the PPS told the News Letter there was a need for “greater clarity” on the matter.

The Attorney General’s Office told the News Letter that it had been in discussions with the PPS up to late Tuesday afternoon about producing “joint guidance on the lawfulness of travelling in order to take exercise”.

A spokeswoman said he has prepared his own draft guidance on this subject, although it is not clear whether or not this will be published.

A message from the Editor:

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

With the coronavirus lockdown having a major impact on many of our advertisers - and consequently the revenue we receive - we are more reliant than ever on you taking out a digital subscription.

Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than five articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content. Visit https://www.newsletter.co.uk/subscriptions now to sign up.

Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.

Alistair Bushe

Editor