The reactions to the story on the BBC NI website about the investigation into the actions of some police officers after Armagh’s epic victory in the all -Ireland GAA Final have been largely misinformed.
So in this blog, I will briefly set out some facts and observations that should assist in understanding the issues and processes taking place. In turn, I hope this dispels concerns that some people are advancing about political policing and of officers being ‘thrown under the bus’.
It should go without saying, the last Chief Constable effectively lost his job over his handling of the Ormeau Road incident. Aside from me having no concerns about the current Chief Constable’s fortitude and integrity, it would be daft to repeat the very error that cost his predecessor his job.
As the BBC NI news piece correctly points out, the Chief Constable told the Policing Board that no officer was (or will be) sacked, suspended or relocated. Some people are now suggesting this news report casts doubt on that statement or that something has significantly changed.
There is an element of ‘misconduct speak’ in what the Chief Constable said to the Board and some people are clearly misinterpreting events. Let’s unpack his statement.
Firstly, no one has been suspended and rightly so. Suspension is a last resort saved for cases were there is such a concern about an officers integrity that he or she cannot be in the workplace and actually needs to have their powers as a police officer suspended (suspension is suspension from the ‘office of Constable’).
Secondly, no one has been relocated. Relocation means an officer is moved from their role or geographic location of work to mitigate some concern, whilst they are investigated. So for example, an officer accused of a dishonesty matter, might be removed from a role where he or she might be involved in the ‘evidential chain’ to safeguard future cases. Or an officer might be moved to a different location because there are witnesses they worked with there and there is a need to safeguard an investigation.
Thirdly, the Chief Constable said no one was getting sacked. Some people are now suggesting the PSNI have reverted from this position because there is a criminal investigation. That is not so. Police misconduct matters are quite complex, like all professional misconduct matters are.
There is a regulated regime to be followed called the Police (Conduct) Regulations (NI) 2016 that sits in a wider body of case law. The regime is followed formally because legally it has to be and it is in the interests of officers that it is followed.
One aspect of the regime is the distinction (as with other professions) between gross misconduct and misconduct. An officers career is only at risk if any alleged conduct is assessed as potential gross misconduct.
It seems evident in this case, when the Chief Constable briefed the Board that no one would be sacked, that his Professional Standards Department (PSD) had assessed the totality of the conduct as, at the very most if wrongdoing was proven, to be misconduct not gross misconduct.
The information in the news report doesn’t change that, the matter is being investigated, but the officer will know that the matters being examined aren’t career threatening. The Chief Constable’s statement remains accurate. In short, the Head of Discipline Branch in PSD (a role I did) has assessed that even if the very worst was proven (careless driving for example) that wouldn’t merit a job loss.
The report highlights that the officer(s) are being investigated for a criminal matter – this will be the driving standards. That was always likely to be the case as complaints were apparently made about the driving and prima facie video evidence exists.
It is right the driving is investigated like a private citizens would be (and many members of the public gets fines and tickets for very minor traffic infractions). However, the PSNI has quite rightly assessed, that even if the officer did get such a fine or ticket, he won’t be sacked. That is simple proportionality that also prevents unnecessary officer stress.
The news report refers to misconduct papers being served, again an explanation is required. Such a step is a legal requirement, the papers set out the nature of any allegation, who is investigating it and whether it has been assessed (at its height as gross misconduct or simple misconduct) and whether there is any criminal aspect.
It is in the officers interests to get such papers, as they provide the officer the protection of the regulations and of due process and the officer will have access to very experienced, capable (and if need be very vocal!) Police Federation disciplinary experts.
In short, nothing has changed and the matter is being progressed according to due process as far as I can see. It is right police officers driving standards are held to account like a member of the publics would (clearly during emergency response driving other facts apply). It is also right that this case doesn’t grow legs, it needs dealt with, but proportionately and the matter kept in perspective.
Politicians can huff and puff, the media can (rightly) report on it, but the matter should be investigated and resolved impervious to the surrounding white noise. This is no Ormeau Road, where a completely distorted account of what happened was concocted and then clandestine and sinister negotiations took place. And unlike Ormeau Road, no officer is sitting at home suspended and worried about their job security.
In summary – the driving captured on the video needs dealt with and it is being investigated as it would be if you or I drove like that. Lessons also need learned about how to engage with the community appropriately (flags, symbols & emblems are highly sensitive and they are strategically and tightly managed internally for a reason). These things happen. The officers acted with the best of intentions, there was nothing sinister to what they did, nor is there anything overtly sinister in the subsequent handling of it.
Let’s allow due process to take its course and I wish the officers well, it isn’t easy being in the eye of the storm. To date, the Chief Constable has handled this well and let’s hope it is all wrapped up swiftly and sensibly.
Burrows Blog 