Police Complaints (Hansard, 18 March 1999)

§ Marjorie Mowlam

The 1998 Annual Report of the Independent Commission for Police Complaints is being laid before Parliament today. The Report, which follows the format of previous years, comments on the work of the Commission in 1998, its 11th year dealing with alleged complaints against the RUC.

I should like formally to record the Government's thanks to the Chairman and Members of the Commission and to the staff for their continued excellent work during this past year and for producing this Report. In this respect, I would like to highlight and endorse the Chairman's introduction to the Report in which he says that in spite of the already heavy workload of (Commission members and) staff, and the extra demands on them in facilitating the transition to the establishment of the Ombudsman's office, their commitment, professionalism and enthusiasm stand as a tribute to each and every one of them.

I know that the police, particularly in Complaints and Discipline Department, have shown similar commitment, and I would like to place that on record also.

The work on establishing the Office of the Police Ombudsman for Northern Ireland is continuing and we will be re-advertising the Ombudsman post shortly. This is an important new office, which, along with the other changes in policing that are in train, should contribute further to improving public confidence in the police in Norther Ireland.

The 1998 Report notes that there was a reduction of nearly 15 per cent. in the number of cases of complaint received by the Commission, compared with the number received in 1997, down from 3,111 to 2,651. The figures since 1991, however, have remained around the 2,500 level. It also notes that the number of cases for mandatory supervision has remained at about 100 and the number of discretionary cases was lower than expected at 171. Of the 2,383 cases closed in 1998, 562 were withdrawn, 682 were dispensed with (usually because a complainant would not co-operate with an investigation) and disciplinary action was considered in over 1,000. The DPP directed 5 criminal charges, there were 19 formal disciplinary charges and 104 informal disciplinary actions.

In light of the appalling murder of Rosemary Nelson, I think it important and appropriate to highlight the reference in the report to the complaints made by and on behalf of Mrs. Nelson. The Commission refer to their "serious concern" about the conduct of the investigation. They raised these with the Chief Constable and me last Summer. As a consequence, the Chief Constable appointed Commander Mulvihill, with the approval of the ICPC, to continue the investigation. The ICPC will shortly be issuing its statutory statement on the conduct of this to 735W the Chief Constable and complainants. As is normal the investigation file will then be sent to the Director of Public Prosecutions for consideration.

A number of additional points are worth recording. One is the Commission's helpful historical analysis of the evolution of the complaints system in Northern Ireland. Another is the decision to supervise all complaints alleging intimidation of solicitors. As we have already told the Commission, this is a sensible and helpful approach to a contentious subject. A third is the decision to take on a small number of cases concerning incivility. These may be regarded by some as less serious allegations, but to complainants they are all serious, and I think it important to audit such cases in the way the ICPC has done.

Finally, the Government echoes the concluding words of the Chairman that: The Commission has been variously described over the years by some as "toothless" and often as "ruthless". In fact, it has been neither.