Justice and Security (Northern Ireland) Bill

We will do our best to answer any questions that come our way. As I have said, the argument for placing what we can call Clause 14-type restrictions on the Police Ombudsman for Northern Ireland might be plausible, but we do not think it is necessary. The remit of the police ombudsman does not extend to the oversight or investigation of the intelligence agencies. The Security Service and the ombudsman’s office are currently working together to agree arrangements for access to sensitive information where it is required. I want to put a further point on the record, because no doubt we shall come back to this. Section 51 of the Police (Northern Ireland) Act 1998 states that: "““The Ombudsman shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to secure:""(a) the efficiency, effectiveness and independence of the police complaints system; and""(b) the confidence of the public and members of the police force in that system””." That is the legal duty of the Police Ombudsman for Northern Ireland. The jurisdiction currently extends to the Police Service of Northern Ireland and to operations within Northern Ireland of the Serious and Organised Crime Agency as well as other bodies of constables such as the harbour and airport police. The security and intelligence agencies fall outside the remit of the ombudsman. They are not in the category of a ““body of constables”” and the ombudsman has no oversight over them whatsoever. The ombudsman’s role is, and will remain, properly focused on the police. However, in so far as the ombudsman may have access to sensitive information by virtue of his or her statutory powers to oversee the activities of police officers, that access is essential to the discharge of the ombudsman’s duties and role in ensuring an efficient and effective police complaints system that commands public confidence. That may be considered a wholly unsatisfactory response; indeed, I am not claiming that it is satisfactory. But I have tried to emphasise where we consider the boundaries are, I have given pointers in the statutory framework, and I have given a commitment to ensure the Secretary of State will have a full note about the issues raised in this debate before I have to face the House on Report.