Question
To ask the Chief Constable, noting the concerns of the Inspectorate of Constabulary that some provisions “pose a material risk of commanders failing to fulfil their obligations under human rights law” to confirm whether or not the unpublished ‘National Police Chiefs’ Council’s operational advice for protest policing’ has been issued to and utilised in any way by the PSNI?
Answer
We are aware of the National Police Chiefs’ Council’s (NPCC) unpublished operational advice for protest policing. The document does not form part of our current training & accreditation. We have noted that Her Majesties Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) identified a material risk of commanders failing to fulfil their obligations under human rights law as a result of the guidance and are therefore awaiting the published advice. We will engage in the College Of Policing APP review with interest and will of course participate in the formal consultation.
All Police Service Northern Ireland Public Order Commanders are trained and accredited via the College Of Policing. The Authorised Professional Practice (APP) issued by the College is the foundation of this training& accreditation. When College APP is updated, details are circulated to trained & accredited commanders and the contents of training courses are updated. Whilst College APP is comprehensive, the Police Service Northern Ireland can use additional tactics or approaches dependent on local circumstances. Any such approaches would be considered and, if appropriate, approved at Gold Commander level. In doing so the Gold Commander can seek advice from amongst others our Legal Adviser and our Human Rights Training Advisor.
We accept that the context of policing protest in every jurisdiction is unique and we will continue to use the National Decision Making Model (NDMM) to guide our decision making processes
A number of recommendations from the Policing Board’s most recent Human Rights report also touch upon this subject. These include:
- Police Service Northern Ireland consider adopting a Human Rights based approach to policing protests;
- Police Service Northern Ireland develop human rights based assessments evidencing the identification of relevant rights, balancing competing rights and risks to include appropriate measures to address Police Service Northern Ireland's obligations and mitigate the identified risks;
- Police Service Northern Ireland should hold a seminar with OPONI, NI Human Rights Commission, human rights NGOs & the Policing Board to assist them with ensuring a consistent approach to all protests.
These recommendations were discussed at the most recent meeting of our Public Order and Public Safety Board and work is now ongoing to progress them. Other recommendations and learning arising from the Police Ombudsman’s report into the Black Lives Matter events are also being progressed. We will of course keep the Board updated in terms of progress.
Dolores Kelly - SDLP