DUP: We want answers from the police ombudsman over PSNI failures in their handling of republican events

24 August 2021

Mrs Marie Anderson, The Police Ombudsman, New Cathedral Buildings, Church Street, Belfast BT1 1PG

Dear Ombudsman,

We are writing to express deep concern regarding the nature of the approach adopted by the PSNI to the show of strength by masked members of the INLA on 20 August in the Galliagh area of Londonderry.

As you will no doubt recognise, the revelation that police officers had advance knowledge of this illegal act — in which shots were fired by masked men in a built-up residential area — but chose not to attend, intervene or even lead an effective aerial evidence gathering operation against those responsible has rightly generated public dismay.

We acknowledge that the PSNI are under an obligation to safeguard their officers against threat to life but there is, in our view, no reasonable impediment to other forms of surveillance and evidence gathering being deployed in such circumstances, whether it be through mobile or drone technology.

It is one thing to use the public safety defence to justify the failure to deploy officers on the ground but when this extends to preventing all robust investigative efforts there are serious questions to be asked of the intentions of the senior command team.

It is perverse to suggest that the cause of public safety is advanced by allowing masked gunmen to operate freely amidst a large gathering that includes children.

There is also an irrefutable inconsistency in how the PSNI have approached this and similar violent terrorist commemorations compared to other public gatherings, including protocol-related protests and street preaching.

All of these activities engage important human rights protections, yet the need to facilitate, and leave undisturbed, those events organised by, or associated with, republicans is repeatedly granted special status within operational planning.

Contrast this with the four vehicles that were deployed to the arrest of one open-air preacher in Larne earlier this month on allegations of ‘anti-social behaviour’.

We acknowledge that your office must operate within the constraints of its statutory powers. However, we would be grateful if you would thoroughly examine concerns raised in respect of events in Londonderry last Friday and consider commissioning a policy and practice investigation into the proportionality and legality of the PSNI operation, incorporating all relevant policing decisions adopted since advance knowledge of the display was received.

Moreover, can you confirm whether a lawful police complaint has been made to your office in response to this incident? More generally can you detail on how many occasions in the past ten years the Police Ombudsman has investigated complaints regarding alleged police failings at funerals or commemorative type events where there have been shots fired by those in and out of paramilitary style uniforms?

It is our ultimate hope that your response to this correspondence recognises the seriousness of these issues for ongoing public confidence in our police service.

To this end we look forward to hearing from you in the very near future.

Best wishes,

Trevor Clarke, MLA for South Antrim and DUP Lead Member on the Northern Ireland Policing Board

Gregory Campbell, DUP MP for East Londonderry

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