Sue Hartigan <[EMAIL PROTECTED]> writes:
POLICING AND JUSTICE
1. The participants recognise that
policing is a central
issue in any society. They equally
recognise that
Northern Ireland's history of deep
divisions has made
it highly emotive, with great hurt
suffered and
sacrifices made by many individuals
and their
families, including those in the RUC
and other public
servants. They believe that the
agreement provides
the opportunity for a new beginning to
policing in
Northern Ireland with a police service
capable of
attracting and sustaining support from
the
community as a whole. They also
believe that this
agreement offers a unique opportunity
to bring
about a new political dispensation
which will
recognise the full and equal
legitimacy and worth of
the identities, senses of allegiance
and ethos of all
sections of the community in Northern
Ireland. They
consider that this opportunity should
inform and
underpin the development of a police
service
representative in terms of the make-up
of the
community as a whole and which, in a
peaceful
environment, should be routinely
unarmed.
2. The participants believe it
essential that policing
structures and arrangements are such
that the police
service is professional, effective and
efficient, fair and
impartial, free from partisan
political control;
accountable, both under the law for
its actions and
to the community it serves;
representative of the
society it polices, and operates
within a coherent
and co-operative criminal justice
system, which
conforms with human rights norms. The
participants
also believe that those structures and
arrangements
must be capable of maintaining law and
order
including responding effectively to
crime and to any
terrorist threat and to public order
problems. A police
service which cannot do so will fail
to win public
confidence and acceptance. They
believe that any
such structures and arrangements
should be capable
of delivering a policing service, in
constructive and
inclusive partnerships with the
community at all
levels, and with the maximum
delegation of
authority and responsibility,
consistent with the
foregoing principles. These
arrangements should be
based on principles of protection of
human rights
and professional integrity and should
be
unambiguously accepted and actively
supported by
the entire community.
3. An independent Commission will be
established to
make recommendations for future
policing
arrangements in Northern Ireland
including means of
encouraging widespread community
support for
these arrangements within the agreed
framework of
principles reflected in the paragraphs
above and in
accordance with the terms of reference
at Annex A.
The Commission will be broadly
representative with
expert and international
representation among its
membership and will be asked to
consult widely and
to report no later than Summer 1999.
4. The participants believe that the
aims of the
criminal justice system are to:
� deliver a fair and impartial system
of justice to the
community;
� be responsive to the community's
concerns, and
encouraging community involvement
where
appropriate;
� have the confidence of all parts of
the community;
and
� deliver justice efficiently and
effectively.
5. There will be a parallel
wide-ranging review of
criminal justice (other than policing
and those
aspects of the system relating to the
emergency
legislation) to be carried out by the
British
Government through a mechanism with an
independent element, in consultation
with the
political parties and others. The
review will
commence as soon as possible, will
include wide
consultation, and a report will be
made to the
Secretary of State no later than
Autumn 1999. Terms
of Reference are attached at Annex B.
6. Implementation of the
recommendations arising
from both reviews will be discussed
with the political
parties and with the Irish Government.
7. The participants also note that the
British
Government remains ready in principle,
with the
broad support of the political
parties, and after
consultation, as appropriate, with the
Irish
Government, in the context of ongoing
implementation of the relevant
recommendations,
to devolve responsibility for policing
and justice
issues.
ANNEX A
COMMISSION ON POLICING FOR NORTHERN IRELAND
Terms of Reference
Taking account of the principles on policing as set
out in the
agreement, the Commission will inquire into policing
in Northern Ireland
and, on the basis of its findings, bring forward
proposals for future
policing structures and arrangements, including means
of encouraging
widespread community support for those arrangements.
Its proposals on policing should be designed to
ensure that policing
arrangements, including composition, recruitment,
training, culture,
ethos and symbols, are such that in a new approach
Northern Ireland
has a police service that can enjoy widespread
support from, and is
seen as an integral part of, the community as a
whole.
Its proposals should include recommendations covering
any issues such
as re-training, job placement and educational and
professional
development required in the transition to policing in
a peaceful society.
Its proposals should also be designed to ensure
that:
the police service is structured, managed and
resourced so that it
can be effective in discharging its full range
of functions
(including proposals on any necessary
arrangements for the
transition to policing in a normal peaceful
society);
the police service is delivered in constructive
and inclusive
partnerships with the community at all levels
with the maximum
delegation of authority and responsibility;
the legislative and constitutional framework
requires the impartial
discharge of policing functions and conforms
with internationally
accepted norms in relation to policing
standards;
the police operate within a clear framework of
accountability to
the law and the community they serve, so:
� they are constrained by, accountable
to and act
only within the law;
� their powers and procedures, like
the law they
enforce, are clearly established and
publicly
available;
� there are open, accessible and
independent
means of investigating and
adjudicating upon
complaints against the police;
� there are clearly established
arrangements
enabling local people, and their
political
representatives, to articulate their
views and
concerns about policing and to
establish publicly
policing priorities and influence
policing policies,
subject to safeguards to ensure police
impartiality
and freedom from partisan political
control;
� there are arrangements for
accountability and for
the effective, efficient and economic
use of resources
in achieving policing objectives;
� there are means to ensure
independent
professional scrutiny and inspection
of the police
service to ensure that proper
professional standards
are maintained;
the scope for structured co-operation with the
Garda Siochana
and other police forces is addressed; and
the management of public order events which can
impose
exceptional demands on policing resources is
also addressed.
The Commission should focus on policing issues, but
if it identifies other
aspects of the criminal justice system relevant to
its work on policing,
including the role of the police in prosecution, then
it should draw the
attention of the Government to those matters.
The Commission should consult widely, including with
non-governmental expert organisations, and through
such focus groups
as they consider it appropriate to establish.
The Government proposes to establish the Commission
as soon as
possible, with the aim of it starting work as soon as
possible and
publishing its final report by Summer 1999.
ANNEX B
REVIEW OF THE CRIMINAL JUSTICE SYSTEM
Terms of Reference
Taking account of the aims of the criminal justice
system as set out in
the Agreement, the review will address the structure,
management and
resourcing of publicly funded elements of the
criminal justice system and
will bring forward proposals for future criminal
justice arrangements
(other than policing and those aspects of the system
relating to
emergency legislation, which the Government is
considering separately)
covering such issues as:
the arrangements for making appointments to the
judiciary and
magistracy, and safeguards for protecting their
independence;
the arrangements for the organisation and
supervision of the
prosecution process, and for safeguarding its
independence;
measures to improve the responsiveness and
accountability of,
and any lay participation in the criminal
justice system;
mechanisms for addressing law reform;
the scope for structured co-operation between
the criminal
justice agencies on both parts of the island;
and
the structure and organisation of criminal
justice functions that
might be devolved to an Assembly, including the
possibility of
establishing a Department of Justice, while
safeguarding the
essential independence of many of the key
functions in this area.
The Government proposes to commence the review as
soon as
possible, consulting with the political parties and
others, including
non-governmental expert organisations. The review
will be completed
by Autumn 1999.
--
Two rules in life:
1. Don't tell people everything you know.
2.
Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
In the body of the message enter: subscribe/unsubscribe law-issues
