Stop and Search

Date asked:
Question type:Written

Question

In light of the finding in the fifteenth report of the Independent Reviewer of the Justice and Security (NI) Act 2007 (1 August 2021 to 31 July 2022) that ”Once again I must conclude that any meaningful discussion about PSNI compliance in relation to JSA stop and search is impossible until community background monitoring is implemented. I cannot exaggerate the deep frustration felt by many that this is not already the case” (para 6.33), what progress has been made to date by the PSNI in such monitoring and what impediments remain, if any, to implementation?

Answer

  • We acknowledge and recognise that the issue of collation of community background monitoring data has been a relevant issue raised by other partners including the independent reviewer. We had always articulated that the preferable position was to have the collation of the data underpinned by relevant legislation to ensure a lawful basis and deliver a complete data set. We now have clarity that this will not be the case so we are taking steps to move forwards without such legislation. We continue to work with the NIPB HR advisor on this important issue.
    Following a community background monitoring (CBM) data collection paper from ACC Operational Support Department (OSD) to the Strategic Management Board in January 2023 it was agreed, in the absence of legislative change, that community background monitoring data (in regard to JSA stop and search powers) would be collected.

    The following recommendations were agreed:

    Endorse attached interpretation of Legal Opinion regarding the lawful basis for collection of community background data.

  • Agree in principle to collect community background data, initially for Justice & Security Act (JSA) stop and search powers.
  • Consider the collection of community background data for JSA powers to be a pilot with a view to moving to other stop and search powers once methodology, policy and requisite architecture have been established and assessed.
  • Approve proposed collection methodology with future plan to integrate with Niche.
    Approve the outline OSD plan as below to be brought back to future SMB with an updated implementation schedule:
  1. Carry out stakeholder analysis and draft a stakeholder engagement plan to ensure appropriate consultation takes place.
  2. Draft new Service Instruction, DPIA, EQIA, RRD Schedule etc. (as identified as necessary through consultation) with support of Legal Services and DPO.
  3. Draft outline transformation plan to incorporate requisite ICT changes
  4. Draft training and engagement plans.

ACC OSD has initiated a working group to develop a plan to progress the implementation of CBM of persons stopped and searched under Justice and Security Powers and this convened in June 2023.

This is a significant piece of work requiring coordination across several areas of the organisation. The current preferred method of collection of CBM is three staged:

  1. Data matching using PSNI records (NICHE)
  2. Questioning of subject
  3. Officer Perception
  • In order to achieve this, work is being progressed through the working group in a number of areas:
  • Articulation of the necessity for the collection of community background data as being of “substantial public interest”.
  • Clarity regarding the definition of the term community background and identification of what community backgrounds are to be recorded.
  • Drafting of proposed CBM policy/guidance.
  • Sect 75 screening.
  • EQIA process.
  • Stakeholder consultation and engagement.
  • Incorporation of CBM into Stop and Search SI for JSA.
  • ICS scoping and development.
  • Corporate Information management (DPIA etc.).
  • Communications Strategy.
  • Training.
  • Identification of what other areas of business CBM may be required (e.g. Custody, File Prep, Call
  • Management etc.) in order to provide consistent data collection and data matching.