Question
Can the Chief Constable advise on the policy and practice in relation to permission to resign, retire or medically retire when PSNI misconduct investigations or proceedings or PONI investigations have been initiated / are ongoing?
In the last 5 years can the Chief Constable advise, broken down by rank, the number of officers who have been permitted to (a) resign (b) retire or (c) medically retire while misconduct investigations or proceedings or PONI investigations are ongoing?
Can the Chief Constable outline what representations (including the details) have been made to the Department of Justice on the need to reform the relevant regulations to prevent retirement and resignation to be used to avoid misconduct investigations?
Answer
The approach to this issue is complex and there are varied approaches based on whether the officer has attained compulsory retirement age, their duty status and the pension regulations they are subject to. The Royal Ulster Constabulary Pensions Regulations (Northern Ireland) 1998 and Police Service of Northern Ireland Regulations 2005 provide the regulatory framework for decision making. The Northern Ireland Policing Board, Chief Constable and Deputy Chief Constable all have decision making responsibilities within the process. Where an officer is suspended whilst subject to a misconduct investigation, it is a matter for the Chief Constable as to whether he accepts a request to retire under annex C Regulation 14 of the Police Service of Northern Ireland Regulations 2005. The Chief Constables decision will involve deciding which course of action would do more to uphold the purpose of the Conduct regime (maintaining Confidence in Policing) – keep the officer in service on full pay whilst suspended from duty against allowing the officer to exit the organisation thereby removing police powers and saving the public purse. For officers who are not suspended there is no policy or power to prevent resignation or retirement. In the case of an officer who is under investigation and applies for ill Health Retirement, the decision is a matter for the Northern Ireland Policing Board. Professional Standards Department supply views and supporting rationale on a case by case basis to inform their decision, as per regulation 80 (3) (b) of the Pension Regulations.
On this matter we are only able to provide the figures for officers who are under investigation by Professional Standards, which is broken down as requested for the last 5 years. We do not hold this data for those under investigation by PONI.
Resignation
Sergeant – 1
Constable – 36
POPT – 1
Retirement
Chief Superintendent – 1
Chief Inspector – 1
Inspector – 3
Sergeant – 4
Constable – 8
Ill-Health Retirement
Inspector – 3
Sergeant – 2
Constable – 6
The England and Wales Regulations allow for continuing misconduct proceedings after an officer has exited the organisation and include a ‘Barring List’ which prevents such officers re-joining policing elsewhere. This forms part of the current consultation with the DoJ regarding Regulation. At this current time the PSNI submits and intelligence report on any Police Officer who resigns or retires with pending misconduct so that future PND checks for vetting purposes are triggered.
Les Allamby