Police Federation: New NI Secretary Brandon Lewis must end ‘demonisation’ of ex-officers

Police Federation NI chairman Mark Lindsay made three unsuccessful requests for a meeting with the previous secretary of state before Julian Smith was removed from the post by PM Boris Johnson last week.

There are fears that former RUC officers could be forced into bankruptcy over new proposals to have them investigated for ‘non-criminal police misconduct’.

This new form of probe will examine claims that ex-officers – including those now deceased – were guilty of shortcomings that would not amount to a criminal offence.

To date, a large number of unsubstantiated claims of ‘collusion’ have been made against officers involved in high-profile terrorist murder cases.

However, during years of investigation by the independent Police Ombudsman NI (PONI), no evidence emerged that resulted in any ex-officers facing charges over alleged collaboration with loyalist paramilitaries.

A number of ex-RUC officers have campaigned vigorously to raise awareness of the new measures – contained in the deal struck last month to restore the power-sharing Executive at Stormont.

A new Historical Investigations Unit with full police powers will be established to investigate around 1,700 unsolved Troubles-era deaths.

This has fuelled fears that ex-officers will face an avalanche of civil claims in cases where HIU investigators conclude that ‘non-criminal police misconduct’ has been identified.

Although the prime minister has pledged that military veterans will be protected from spurious and vexatious claims arising from their service, no similar commitment has been made in respect of police officers.

As a result, a former constable with an annual pension of around £18,000 would have to defend their reputation without the help of legal aid.

Mr Lindsay said he wrote to the new NI secretary “within hours” of his appointment being announced to discuss the draft Stormont House Agreement legislation plans.

“In particular, the clause that sets out ’non-criminal police misconduct’ has to be removed from the draft,” he said.

“If there is an attempt to sanction former officers for something that doesn’t even meet the threshold of a crime, then we believe this could most certainly open the way towards a rash of civil cases against them.

“It should be remembered that any misconduct by serving or retired officers is comprehensively covered in misconduct regulations and criminal law.

“Unlike military veterans facing investigation, former officers have no support from the state in funding their defence. This omission is glaring. Not only is non-criminal police misconduct an attempt to demonise the heroic efforts of officers who held the line against terrorism, but it allows the state to walk away without making adequate financial provision for them if and when cases are brought forward.

“This aspect of the draft legislation needs to be amended.”

Speaking to the News Letter, Mr Lindsay added: “The proposal for a Historical Inquiries Unit is also flawed. In effect, it establishes a parallel police service with unprecedented powers being given to the director of an HIU with no effective oversight and a serious question mark over the availability of qualified and experienced investigators.

“Even with this, there are no guarantees that victims or their families will receive closure.

“In all of this, the government seems set on a path to once again make policing in Northern Ireland a convenient political football and that greatly saddens me.”