NORTHERN IRELAND POLICING BOARD MINUTES OF THE PERFORMANCE COMMITTEE MEETING HELD ON 17 APRIL 2014 AT 9.30AM IN WATERSIDE TOWER PRESENT: GUEST IN ATTENDANCE: BOARD S HUMAN RIGHTS ADVISOR IN ATTENDANCE: OFFICIALS IN ATTENDANCE: (1) (2) (2) (2) (2) Mr Jonathan Craig (Chairperson) Mr Brice Dickson Mr Ryan Feeney Ms Caitríona Ruane Ms Deborah Watters Mr Gerry Kelly ACC Mark Hamilton Superintendent Tim Mairs Ms Yvonne Cooke Mr Graeme Moore Ms Alyson Kilpatrick Mr Peter Gilleece (Director of Policy) 6 Board Officials (1) Item 6.5 (approximately 9.55am) close (2) Item 5.1 only 1. APOLOGIES ETC Apologies were received for today s meeting from Mr Gearóid ÓhEára, Mr David McIlveen and Mr Brian Rea The Chairperson asked Members to declare any conflicts of interest arising from the agenda. No conflicts of interest were declared.
2. DRAFT MINUTES OF MEETINGS OF THE PERFORMANCE COMMITTEE 2.1 Draft minutes of Performance Committee meeting held on 20 March 2014. To approve the draft minutes of the Performance Committee meeting held on 20 March 2014. 3. MATTERS ARISING FROM THE MEETING 3.1 Coronial Inquests (Item 3.1 of minutes refers) Officials briefed the Committee on correspondence issued to T/DCC Alastair Finlay inviting him to meet with the Performance Committee to further discuss their concerns in respect of the delays in the disclosure process for the Stalker/Sampson inquests. Members were advised the T/DCC has confirmed his availability to attend the Committee meeting on 15 May 2014 and following discussion; To issue correspondence to PSNI requesting a written report on coronial inquests in advance of the T/DCC s meeting with the Committee in May. 3.2 PSNI Developed Vetting (Item 3.7 of minutes refers) The Committee considered correspondence from PSNI providing a breakdown and numbers of PSNI officers and police staff who have been subject to CTC, SC or DV vetting. Members discussed issues surrounding the overall number of staff vetted and the costs associated with the vetting procedure. Members also noted the disproportionate split between gender and community background and expressed concern that the numbers provided give the appearance of discrimination in
relation to PSNI developed vetting. To consider correspondence to, or a briefing from the PSNI at a future Committee meeting in order to inform Members further in respect of the costs associated with developed vetting and other issues raised as a result of the PSNI correspondence to the Committee dated 21 March 2014. Responses from Grafton ESP in respect of Fair Employment Monitoring Requirements for PSNI and from The Equality Commission regarding PSNI Service Vetting and Managed Services Contract are awaited and will be brought to the Committee in due course. 3.3 Timeliness of prosecution files being passed to PPS and number of Statute Barred cases (Item 3.10 of minutes refers) Officials briefed the Committee on correspondence received from PSNI addressing various issues highlighted in a letter from the Committee to the PSNI dated 7 March 2014 relating to the timeliness of prosecution files being passed to PPS and number of Statute Barred cases. Members noted in the PSNI s response that monthly performance data on statute barred cases is now being produced and were of the view that the Committee would like to have sight of this data for an on-going period of time. That correspondence be issued to PSNI requesting that performance data on statute barred cases be provided to the Performance Committee on a monthly basis.
Members also noted the PSNI s reference to the Criminal Justice Board at which the issue of delay is discussed. Officials advised the Committee that the Northern Ireland Policing Board is not currently a member of the Criminal Justice Board therefore have no access to issues discussed at the CJB. The Committee s opinion is that issues discussed at the Criminal Justice Board could potentially assist the Board in its oversight capacity, providing additional insight into issues arising in the area of criminal justice with the potential to impact on the efficiency and effectiveness of the PSNI, the oversight of which the Board is charged. Following discussion; To write to David Ford MLA, Minister for Justice, requesting the minutes of meetings of the Criminal Justice Board be provided to the Policing Board. 3.4 Public Order De-Brief (Item 5.1 of minutes refers) Officials briefed the Committee on correspondence issued to PSNI following their presentation to the Committee in April in respect of the Public Order De-Brief. Members noted that information on investigations which have been assisted by the use of social media and where the public have assisted through direct engagement with the PSNI through social media has been requested. A response is awaited and will be brought to the Committee in due course. 3.5 Proposed Reform to Police Disciplinary System (Item 3.11 of minutes refers) The Committee considered a response from the Chief Constable to correspondence on behalf of the Committee dated 6 March 2014 in relation to the proposed reforms to the police disciplinary system. Members noted the current time constraints placed on Assistant Chief Constables as a result of their participation on misconduct panels and
also that, while the Deputy Chief Constable does not participate in hearings, under the new proposals he/she will retain an important role in the oversight of police misconduct issues. 3.6 Questions to the Chief Constable (Item 7 of minutes refers) The Committee considered written responses received from the Chief Constable to questions submitted by the Committee for the March Board Meeting. NOTED 3.7 Correspondence from the Director of Public Prosecutions The Committee considered a response received from the Director of Public Prosecutions following correspondence issued on behalf of the Committee dated 13 March 2014 in which the Committee sought to establish if the PPS planned to publish guidelines for prosecuting cases involving communications sent via social media. Members noted the Director s confirmation that drafting of the guidelines is at an advanced stage and that he will keep the Committee updated on progress. NOTED 4 CHAIRPERSON S BUSINESS 4.1 Engagements There were no matters arising 4.2 E-mail to Jonathan Craig MLA from Danny Kinahan MLA. The Chairperson briefed the Committee on correspondence received from Danny Kinahan MLA in respect of a perceived lack of consultation and engagement by the PSNI with the main shooting and gun trade organisations. The Chairperson advised Members that he had held a meeting with the various organisations, including the PSNI in order ascertain the nature of the most significant issues and gain the perspective of all stakeholders. He expressed concern at the deteriorating relationship between the PSNI and the license trade however advised the Committee that he has requested a follow up meeting to allow further space and time for resolutions to be found. The Chairperson will keep the Committee advised of any further
developments. 5. KEY ISSUES REPORT 5.1 PSNI Briefing on the review of Custody Healthcare The Chairperson welcomed ACC Mark Hamilton, Superintendent Tim Mairs, Ms Yvonne Cooke and Mr Graeme Moore to the meeting and invited them to provide the Committee with an update in respect of the PSNI s review of Custody Healthcare. ACC Hamilton thanked the Committee for the invitation and provided Members with an outline of the current custody healthcare provisions followed by the PSNI s view of what the future goals are in respect of the standardisation of the service, reduction of costs and engagement with the Department of Health. Ms Yvonne Cooke (Chartered Psychologist and Head of Custody Healthcare and Reducing Offending in Partnership) went on to provide the Committee with an update on the implementation of a recommendation made in the Human Rights Annual Report 2012 which stated that PSNI should report to the Committee on its review of the provision of healthcare in police custody suites. Ms Cooke advised the Committee that whilst the current model of custody healthcare provision is as good as it can be, it is still not fit for purpose in terms of the complexity of challenges being faced in respect of custody healthcare, for example in terms of detainees who self-harm or have involvement with drugs. She advised that preparation for the G8 Summit had provided an excellent opportunity to engage with custody suites and FMO s (Forensic Medical Officers) across districts. She also informed the Committee that much work is on- going in terms of building partnerships to improve healthcare in custody, for example; FMO s are now linked to a Responsible Officer where previously they operated in isolation; Work is being done to establish 3 5 Emergency Departments
where individuals who conceal drugs in their body can be detained by PSNI in the correct environment, and; The proposal that FMO s currently privately contracted by PSNI would come under the authority of and be provided to the PSNI by the Department of Health. Other areas discussed with the Committee included: Technical support to provide the capability that medical information regarding a detainee in the form of an emergency care summary can be shared between FMO s. Interactive training provided to officers by experts in the field, and; Greater involvement of healthcare professionals such as psychiatric nurses in police custody suites. Mr Moore (Regional Accountant) then provided the Committee with an overview of the financial and contract management issues surrounding custody healthcare provision. Areas discussed with Members included a move to BMA rates for FMO s, changes from expensive tendering arrangements, the areas of proposed reinvestment of savings and the proposal currently being progressed to move away from privately contracted FMO s to partnership with the Department of Health. Other areas Members discussed with PSNI included; The welfare of FMO s during private consultations with detainees. The level of vetting necessary for FMO s. The challenges of young people in custody, and; Mental capacity issues in custody. The Chairperson thanked ACC Hamilton and his colleagues for the presentation and they left the meeting. Following discussion, That a letter be issued to the PSNI thanking ACC Hamilton and his
colleagues and requesting the Committee be kept appraised of any future developments in respect of custody suites and the provision of healthcare within the suites, and; That a letter be issued to the Department of Health, Social Services and Public Safety expressing the Committee s support for plans to bring FMO s providing healthcare in custody suites under the authority of the Department of Health. 5.2 Coronial Inquests 5.2.1 PSNI Response to issues raised by the Committee in relation to Coronial Inquests The Committee considered a paper providing further information on correspondence received from PSNI regarding the delays in the disclosure process for the Stalker/Sampson coronial inquests. Members discussed inconsistencies across various items of correspondence received from PSNI in respect of this issue and continue to be concerned about the miscalculations to date in estimating the timeframes for the disclosure process. Following discussion; That a summary paper be prepared for the Committee in advance of the 15 May 2014 Performance Committee meeting at which T/DCC Alastair Finlay will be attending to discuss this issue; and that T/DCC Finlay be asked to provide a written report on a range of issues in advance of the meeting. 5.2.2 Legal Aid and Coroners Courts Bill The Committee considered a paper and correspondence received from the Committee for Justice seeking the Board s views on the contents of the Legal Aid and Coroners Courts Bill. Members noted that
the Bill will make the Lord Chief Justice president of the Coroners Courts and require him to appoint a presiding coroner and also that the Attorney General has proposed an amendment to the Bill which would give him the power to obtain documents he considers necessary to an inquest into a death. Following discussion; To issue correspondence to the Justice Committee requesting ; Additional information of the role and remit of the proposed presiding coroner, Further information on the scope of the amendment proposed by the Attorney General and any duty this will impose on the PSNI, and: A copy of the additional information provided by the Department of Justice (as referred to in the Justice Committee minutes of 13 March 2014). 5.3 Cybercrime 5.3.1 Key issues arising from NCA/ACPO Conference on Cybercrime The Committee discussed issues raised at the NCA/ACPO Conference on Cybercrime. Key issues highlighted at the conference included; The need for consistency of approach by police services throughout the UK. The importance of educating the public about the risks posed and how they might protect themselves. The need for Action Fraud to be signposted by the police, and; The mainstreaming of police training. Members also noted that HMIC plan to inspect cybercrime from a volume perspective in their 2014/15 inspection programme and following discussion;
To ask HMIC whether or not it would be possible to include PSNI in the forthcoming inspection of cybercrime from a volume perspective. 5.3.2 Police and Government response to Cybercrime in other countries The Committee considered a paper providing Members with information on policies used to tackle cyber-enabled crime in other countries, specifically Ireland, New Zealand, Italy and South Africa. Members took particular note of the work being done in New Zealand where they have adopted a victim-centred approach to tackling this issue and where the government is currently piloting anti-cyberbullying legislation via The Harmful Digital Communications Bill. NOTED 5.3.3 Key issues arising from Inside Government Conference on tackling the threat of Organised and Global Cybercrime The Committee discussed a paper providing information on the key issues raised at the Inside Government Conference on tackling the threat of organised and global cybercrime. Members noted various topics discussed at the conference by representatives from the National Crime Agency (NCA), the City of London Police and the Strategic Centre for Organised Crime at the Home Office. Members were particularly interested to learn that the NCA are seeking to recruit cyber specials/police specials people outside law enforcement with specific skills and knowledge in the area of cyberenabled crime. NOTED. 5.4 Human Rights Annual Report Letter from the Chief Constable The Committee considered a draft response to the PSNI following correspondence received from the Chief Constable dated 21 March 2014 in which he suggested several amendments to some of the commentary included in the report. Members discussed the points raised by the Chief
Constable s letter however were content that the PSNI should be reassured that the draft report has been read by a number of people who are satisfied with the report s presentation and factual accuracy. Following discussion; That the draft correspondence in respect of the Human Rights Annual Report be issued to PSNI. 5.5 Domestic Abuse 5.5.1 Body Worn Video Pilot Project Officials briefed the Committee on a paper providing information to Members regarding a pilot project in which Body Worn Videos will be used to gather evidence at domestic abuse incidents. The Committee expressed satisfaction that the PSNI, having acknowledged the concerns raised by both the Policing Board and CJINI, are taking forward this pilot project in G District for a 6 month period commencing 1 May 2014. Members were mindful that, if successful, follow up on this project will be required to guard against any delay in its roll out to other districts. That a briefing by PSNI to the Committee be scheduled for a future Performance Committee meeting to update Members on the progress of the pilot project and the use of the body-worn equipment. 5.5.2 HMIC Inspection on the Police response to Domestic Abuse The Committee considered a paper providing Members with an overview of the findings of the HMIC inspection report Everyone s Business: Improving the police response to domestic abuse. Members
acknowledged that the HMIC report dealt with only police services in England and Wales however noted that many of the issues highlighted, such as training on taking initial reports, evidence gathering and availability and resourcing of specialist officers, were also identified as part of the Board s thematic review of domestic abuse. Following discussion; That correspondence be issued to the PSNI requesting their response to the HMIC inspection report Everyone s Business: Improving the police response to domestic abuse. 5.6 Possible Pension Forfeiture The Committee noted the decision of the Minister of Justice to decline issuing a Certificate of Forfeiture previously requested by the Performance Committee. NOTED 5.7 Performance Committee Programme of Work 2014/15 The Committee noted the updated Programme of Work 2014/15. NOTED 5.8 International Law Enforcement Forum (ILEF) Officials briefed the Committee on a paper providing Members with an overview of the International Law Enforcement Forum (ILEF) and its work. Members noted that the Chief Constable has agreed that the ILEF Conference will be hosted in Belfast in October 2014. Following discussion, That a proposal be made to the Board to offer the Board s support to the ILEF Conference scheduled to take place in Belfast, October 2014.
6. INFORMATION PAPERS AND CORRESPONDENCE 6.1 CJINI Inspection Report: Forensic Science NI 6.2 CJINI Follow up Review: Handling of Complaints by the Criminal Justice System 6.3 CJINI Follow-up Review: Securing attendance at Court 6.4 Regulation 20 Reports Members noted the above information papers. NOTED. 6.5 Correspondence Counter Allegations made during OPONI Investigations Officials briefed the Committee on correspondence received by the Director of Policy in respect of counter allegations made during an OPONI investigation. Members discussed the various issues raised by this case in respect of how counter allegations are dealt with by both OPONI and PSNI. Following discussion; That correspondence be issued to OPONI in respect of the wider concerns raised as a result of this correspondence. 7. QUESTIONS FOR THE CHIEF CONSTABLE It was: That questions would be drafted from the Performance Committee to the Chief Constable regarding: The PSNI review of Custody Healthcare, and; The Body Worn Video pilot project commencing in G District 1 May 2014.
8. COMMUNICATIONS ISSUES There were no matters arising. 9. ANY OTHER BUSINESS There were no matters arising. 10. DATE OF NEXT MEETING The next meeting of the Performance Committee was arranged for Thursday 15 May 2014. (Meeting closed at 12.25pm) Member Services April 2014 Chairperson