NI Policing Board 'cannot just slot' in a new chief constable

Policing Board chair Deirdre Toner and vice-chair Edgar Jardine

The Northern Ireland Policing Board has rejected claims that it can just "slot someone into" the position of chief constable.

Chief executive Sinead Simpson said that legal advice received by the board explained that a proper appointments process was needed.

Simon Byrne resigned earlier this month after a number of controversies.

The Policing Board is to launch a recruitment process for his successor later this month.

Last week, former Police Service of Northern Ireland (PSNI) chief constable George Hamilton said a decision by the board not to appoint a formal interim or acting chief constable showed a "failure of leadership".

Ms Simpson rejected this assessment as she gave evidence to the Northern Ireland Affairs Committee on Tuesday.

The Policing Board, which oversees the PSNI, said Deputy Chief Constable Mark Hamilton would "exercise all the functions of the chief constable" until a successor is appointed.

Members of the Policing Board gave evidence to the Northern Ireland Affairs Committee at Stormont

'Á la carte menu'

Vice-chair of the board, Edgar Jardine, said they are content to allow Mr Hamilton to continue in his role.

In response to criticism about the Policing Board's decisions and potential replacements for the chief constable, he said: "It struck me as I listened to it, that they were dining from an á la carte menu where they had a range of options, we were actually dealing with a set lunch menu with very concernable restrictions around what we can do."

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Chairperson Deirdre Toner expressed that the situation was "unprecedented" and the board is in a very difficult legal and political situation.

She added that the board "could not have anticipated that the deputy chief constable would have to undergo an unplanned medical procedure" and so have advised the service that Mr Hamilton could temporarily promote an existing assistant chief constable to the role of deputy chief constable if Mr Hamilton is incapacitated.

'Legislative straight jacket'

DUP MP Carla Lockhart asked the Policing Board if it believed its credibility was still intact.

Its vice-chair responded that the credibility of the board would have been damaged more if it "had of strayed from the constraints within the legislation in which they have to work".

Ms Lockhart said she believed it was time "the board got a handle on the leadership of the (PSNI) organisation".

Simon Hoare, chair of the Northern Ireland Affairs Committee, said he empathised with the Policing Board about the "legislative straight jacket" in which it has been placed.

However, Mr Hoare said he didn't get the sense that the board was "bashing down any doors" and questions members about their sense of urgency.

Mr Hoare said the committee would like to see a "greater sense of urgency" from the Policing Board

"I think the board are doing the best they can in what are very trying circumstances," the MP told reporters at Stormont.

"I do have a concern about urgency versus process… there are a lot of very legitimate questions being asked across Northern Ireland," he added.

Mr Hoare acknowledged confidence in the PSNI has taken "a hell of a knock" in recent weeks and said there "has to be" a root-and-branch review of the Policing Board.

He said the committee gave the Policing Board "a very clear message" during Tuesday's meeting.

"We want to see a greater deal of urgency to this."

Justice review

During the session, Mr Hoare also raised questions about the Department of Justice's review into the Policing Board following a court ruling that two junior officers were unlawfully disciplined following an arrest at a Troubles commemoration in February 2021.

A High Court judge said the officers were disciplined to allay any threat of Sinn Féin abandoning its support for policing.

Sinn Féin has denied it threatened to withdraw support, but Mr Justice Scoffield was told that as a deputy chief constable went to deal with the incident he received a phone call from Gerry Kelly, as part of a "frenzy of activity" in the immediate aftermath.

Mr Hoare questioned if it was appropriate for Mr Kelly to remain in position while the review was carried out.

"Someone who sits on the board made… communications with senior police officers with regards to an operational issue," he said.

"That must reflect on the robustness of the board and its independence."

While not commenting directly on that issue, Ms Simpson told the committee that only a justice minister could remove someone from the board and without one nothing could be done.

"On that basis, any member of the board has effectively a free hand to operate as he or she wishes in the absence of a minister," Mr Hoare added.

"That is just a recipe for disaster."