As Home Secretary scraps controversial hate incident policy - Stormont's justice minister says it's a decision for PSNI

Shabana Mahmood says the scheme has led to officers being called out to people’s homes over insults and routine arguments – and a new system will prevent police from recording lawful free speech.

However, Stormont’s justice minister says the policy is “an operational matter” for the PSNI – despite having publicly opposed changes to the system just last month.

That has led to a call from the Ulster Unionists for the Alliance minister to stop “hiding behind” the operational independence of the police, and scrap the policy.

The DUP chair of Stormont’s justice committee says both the PSNI and Department of Justice must explain whether Northern Ireland will follow suit.

Non crime hate incidents (NCHIs) have caused controversy throughout the UK, as they involve police keeping records of citizens despite no crime having been committed. Many of the cases have involved comments or social media posts which someone has found upsetting, and called the police.

Civil liberties and free speech campaigners have slammed the practice, which requires no more than an allegation for police to log it on someone’s record.

The Police Service of Northern Ireland (PSNI) says “there is no plan to change the current recording procedures” but it will “consider” national developments.

The force has previously said that it is not bound by decisions taken by Home Secretary Shabana Mahmood, and any changes “would involve consultation with stakeholders, including the Northern Ireland Policing Board and the Department of Justice”.

But Naomi Long’s department has washed its hands of any role in setting the policy, telling the News Letter that the recording of NCHIs “is an operational matter for the Police Service of Northern Ireland”.

Ulster Unionist justice spokesperson Doug Beattie says Naomi Long should support the PSNI by ending the practice of recording non‑crime hate incidents, “rather than hiding behind Operational Independence”.

The Upper Bann MLA said: “The police have finite resources and their core role is to prevent and investigate crime, and bring perpetrators to justice. They should not have their time and resources diverted to recording or responding to incidents where no crime has been committed, nor should they be drawn into neighbour disputes or everyday arguments.

“Where a genuine hate crime has been committed, the police must respond robustly and effectively”.

He added: “This policy has been rightly criticised for diverting officers into petty disputes instead of allowing them to focus on real crime.”

DUP MLA Paul Frew, chair of the Assembly’s justice committee, said: “Police time must be spent catching criminals and protecting victims, not logging lawful speech that falls short of any criminal offence. At a time of stretched resources, every officer diverted from frontline policing undermines public confidence.

“If this is a shift towards common-sense policing in England and Wales, the PSNI and Department of Justice must explain whether it will follow suit. Northern Ireland needs a system that is firm, fair and focused on real crime.”

The PSNI told the News Letter that “incidents and crimes, with a hate motivation” are recorded by officers “and classified according to the Home Office Counting Rules”.

The service’s Hate Crime Lead, Superintendent Joanne Gibson, said: “Every person in Northern Ireland deserves to live without fear or intimidation. The Police Service of Northern Ireland is committed to investigating all hate crimes and working with our partners to increase reporting and support victims”.

She encouraged “anyone who witnesses or experiences any form of hate crime or hate-motivated abuse”, to report it.

“At this time there is no plan to change the current recording procedures followed by the PSNI where both crimes and incidents are recorded, however we will consider the recent national developments”, Superintendent Gibson said.

In March, the justice minister said that it would be “dangerous” if police were not able to hold on to NCHI information – despite the fact that no crime had been committed – as it can “often be an indicator of other behaviours”. She said that “serial sex offenders, for example, may often start with low-level indicators” and patterns may emerge from the data held by police.

Minister Long said her department is dealing separately with how people’s information is held by police.