HL Deb 03 April 2003 vol 646 cc1506-7

24 Insert the following new clause—

"PROTECTED DISCLOSURES BY POLICE OFFICERS (1) After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16) insert—

"67KA APPLICATION OF PART VA AND RELATED

PROVISIONS TO POLICE (1) Paragraph (2) applies for the purposes of—

  1. (a) this Part,
  2. (b) Article 70B and Articles 71 and 72 so far as relating to that Article, and
  3. (c) Article 134A and the other provisions of Part XI so far as they relate to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 134A.
(2) A person who holds, otherwise than under a contract of employment, the office of constable shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being "employed" and to his "employer" shall be construed accordingly. (3) In this Article "the relevant officer"—
  1. (a) in relation to a police officer, means the Chief Constable;
  2. (b) in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service; and
  3. (c) in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question."
 (2) In Article 243(1) of that Order (provisions which do not apply to persons engaged in police service under a contract of employment)—
  1. (a) omit the words "Part VA,";
  2. (b) after "Articles 132" insert ", 134A";
  3. (c) after "Article 132" insert "or 134A".
 (3) Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)) (exclusion of police service from provisions about protected disclosures) shall cease to have effect. (4) Subsections (1) to (3) come into force in accordance with provision made by the Secretary of State by order.

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 24.

The amendment deals with protected disclosures by police officers. The purpose of this new clause, with consequential amendments revoking provisions in the Employment Rights (Northern Ireland) Order 1996 and the Public Interest Disclosure (Northern Ireland) Order 1998 in Schedule 3 is to afford protection to police officers who make protected disclosures. The clause has the support of the Chief Constable and the ombudsman.

A "protected disclosure" includes disclosures that a criminal offence has been committed; that a person has failed to comply with a legal obligation; or that there has been a miscarriage of justice.

The purpose of these changes is to ensure that PSNI officers, reserve officers and others holding the office of constable, such as the Harbour Police and the NCIS, will be able to report wrongdoing by other officers with the assurance of the full protection of the law if they are discriminated against. Amendments Nos. 50, 54, 55 and 57 are consequential. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendment No. 24.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.