11293 report 19 - CAIN - University of Ulster

composition and recruitmentPolice officers began returning completed forms in sealed envelopes in April of 2004. However,after receiving over 4,500 registration forms by June of 2004, the registration process wassuspended because two police officers were granted leave for Judicial Review of the process. TheJudicial Review request was withdrawn in November of 2004 when the Police Service received yetmore legal advice to the effect that the legislation (the Act) was outside of what is legallypermissible and terminated the Registration of Notifiable Membership process.The Police Service identified a lack of clear authority in section 51 of the Police (NorthernIreland) Act 2000 to enforce the objective registration requirement contained in General Order17/2004. Accordingly, the Chief Constable in November of 2004 requested that the Secretary ofState seek corrective legislation. The Northern Ireland Office indicated in its response in March of2005 to this request that it was presently unable to amend the legislation to address thedeficiency.The Police Service again commenced implementation of a registration process using as itsauthority amended guidance.This reflected the subjective test described at section 51(5) of thePolice (Northern Ireland) Act 2000 requiring officers to register memberships in organisationsthat they individually “believe may affect their ability to discharge their duties effectively andimpartially”. This process, clearly recognised as subjective, was completed in 2006 with part-timeconstables, full and part time reserves and regular officers returning their completed forms with91% reporting no membership in any “organisation which may be regarded as affecting an officer’sability to discharge their duties effectively and impartially.”The Police Service, satisfied with the accuracy of the reporting, given its subjective nature,published the results in the Chief Constables Annual Report. This produced a number of enquiresand requests for information from politicians and members of the public. In light of theseenquires and requests, the Police Service, early this year (2007), commenced further consultationregarding the list of organisations that should require the notification of interests. The PoliceService still holds the view that the present legislation should be amended suggesting that thesubjective test in section 51 (5) of the Act should be replaced with a list of organisations,membership of which is clearly Notifiable to the Chief Constable. Absent new legislation, thePolice Service must be credited with facing the challenges presented as it has done its best toimplement this recommendation.Remaining IssuesWhile the Police Service has fulfiled its duty and displayed openness and transparency, the lack ofan appropriative legislative framework, by replacing the subjective test with an objective list oforganisations that require notification has diluted the impact of this recommendation. It will be upto Government to decide if it wants to pursue this through a change to legislation.161