HL Deb 03 April 2003 vol 646 cc1505-6

23 After Clause 19, insert the following new clause—

"MEMBERS OF PSNI ENGAGED ON OTHER POLICE SERVICE In section 27 of the Police (Northern Ireland) Act 1998 (c.32) (members of Police Service of Northern Ireland engaged on other police service) after subsection (6) insert— (6A) Regulations made by virtue of section 25(3) or (4) in relation to a member of the PSNI who has completed a period of relevant service within subsection (1)(d) may provide for a relevant procedure to be treated for the purposes of the regulations as carried out in accordance with procedures for which provision is made by regulations made by virtue of section 25(3). (6B) In subsection (6A) "relevant procedure" means an investigation, hearing or other procedure carried out in relation to the person concerned in a country or territory outside the United Kingdom in connection with the person's relevant service."

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 23.

Clause 19 allows the Chief Constable to make fixed-term appointments to the PSN I. The Chief Constable, if he requires special expertise, is entitled to procure it in that way, including from members of the Garda in the Irish Republic. Such secondments could also take place in the other direction. The Irish Government will shortly be bringing forward a Bill to allow secondments of policing powers from PSNI to the Garda.

The secondment of PSNI officers to the Garda will take place under Section 8 of the Police (Northern Ireland) Act 2000. It deals with the provision by the board of advice and assistance to international organisations such as the United Nations and other police services. Section 27 of the Police (Northern Ireland) Act 1998 sets out some of the key principles.

One key principle deals with discipline. Normally, where a member of the PSNI is seconded under Section 8, he may be dealt with under the PSNI's own conduct regulations for any breach of discipline as if that breach had been committed during service with the PSNI. The amendment allows the Secretary of State to modify the relevant regulations in respect of disciplinary matters to enable investigations and hearings held in a country outside the United Kingdom to be taken into account by the PSNI in its own disciplinary proceedings.

Clearly, the imposition of sanctions could have a significant effect on an officer's career and it is right that the choice of penalty should be, and remain, the responsibility of the home service. In practical terms it makes more sense for the host service to carry out the investigation and hearing as this would take place in the jurisdiction in which the alleged offence would have occurred. These arrangements will be reciprocal. Any PSNI officer will be subject to the code of ethics and he would fall within the remit of the Police Ombudsman if a complaint were made.

We expect to have very little, if any, recourse to such regulations. Any member of the PNSI who was seconded anywhere in the world would be an ambassador for his service, but we need to provide for these eventualities.

Moved, That the House do agree with the Commons in their Amendment No. 23.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.