Unionist parties reject new police watchdog plan to compel retired officers to give evidence in historic investigations

Marie Anderson said she has prepared a legal paper for the Justice Minister Naomi Long.

“What is a frustration for me is, and it has been for other ombudsman, is the fact I cannot compel retired police officers to give evidence,” she said in an interview last week.

The comments came despite widespread misgivings that ex-RUC officers alone, and not terrorists or other branches of the security forces, have been facing investigations for historic complaints that are often not serious enough to generate criminal charges.

DUP Policing Board member Joanne Bunting MLA said: “Making the police ombudsman more central to such investigations only moves the office further away from its central role; to ensure public confidence in policing today through investigations where necessary into recent police actions and operations.”

The Ulster Unionist MLA Doug Beattie said the RUC stood against an “appalling terrorist campaign”.

“Now, in their retirement, the police ombudsman wants to create legislation that will single out RUC GC officers and compel them to cooperate with her office. She wishes to do this while no such compulsion is in place for former terrorists, even those now dressed as politicians.”

Ms Anderson had told the Irish News that inability to compel officers “can mean a challenge for investigating the past if you can’t actually compel officers to give evidence”.

The ombudsman also expressed concerns about funds: “There has been chronic underfunding for this office to undertake historical investigations.”

She has applied to the justice department for more funding. “If it is approved I will get 16 more staff, which is a significant uplift. Currently we have 25 investigators.”

Ms Bunting said: “The track record of the Police Ombudsman’s Office in relation to legacy cases is not a proud one. Indeed, that record has only helped to underscore why the ombudsman’s office is not the vehicle through which such investigations should be pursued.

“Issues relating to the past in Northern Ireland need to be dealt with effectively and in a holistic manner, not through advancing the pursuit of retired police officers through these proposals.”

She added: “The ombudsman does not appear to explicitly state that her proposals are solely in relation to legacy matters, but there is little doubt that their sole purpose would be to pursue such historic cases.

“The proposals have no chance of moving forward through the legislative process and this surely should be something the ombudsman should be both aware of and have taken into consideration before publicly announcing her intentions.

“Over 90% of deaths during the troubles were at the hands of illegal terrorist gangs. Continued attempts to have a focus only on the actions of those who were seeking to uphold law and order is neither proportionate or justifiable.”

Mr Beattie said: “If the ombudsman intends to go down this road then it should be through legislation – via the Department for Justice – that should compel any member of the public, as private citizens, to cooperate with her office and not just former police officers.

“The Ulster Unionist Party will not support the singling out of former retired police officers in this way. We would expect both the chief constable and the justice minister to ensure that former police officers will not be treated in any way less favourable than other private citizens.”

The News Letter asked Mrs Anderson about her plan.

She said: “I think it’s important to clarify that this is not purely a legacy issue, it is also about current policing. Accountability should not end with retirement, and that applies as much to current cases as those from the past.

“Doug and Joanne make interesting points and I would welcome the opportunity of discussing these matters with them in more detail.

“The role of my office is to investigate complaints by members of the public about the conduct of police officers, but I am open to exploring the suggestion about persons other than police officers who may have information relevant to police ombudsman investigations.

“Of course, consultation and discussion are integral to any process of legislative review, and decisions on these matters are ultimately for the Minister of Justice and the NI Assembly.”

See Morning View: Far from giving more power to the police ombudsman, the UK must re-balance legacy

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