Northern Ireland

Police Ombudsman and PSNI strike new deal on information

Police Ombudsman Marie Anderson. Picture by Hugh Russell.
Police Ombudsman Marie Anderson. Picture by Hugh Russell. Police Ombudsman Marie Anderson. Picture by Hugh Russell.

The Police Ombudsman and PSNI have struck a new deal which will give the watchdog a “unfettered” access to information held by the force on a regular basis for the first time.

Under the memorandum of understanding, ombudsman investigators will be allowed to access vast swathes of information held on PSNI systems.

The arrangement was formally agreed yesterday when chief constable Simon Byrne visited the ombudsman's office in Belfast city centre.

Ms Anderson said she and Mr Byrne, who also took his post last year, meet or speak once a fortnight.

The agreement comes after years of conflict between the police and the ombudsman over access to information.

In 2014 the watchdog's former chief, Dr Michael Maguire launched court action in order to gain access to sensitive intelligence information.

The memorandum of understanding comes after the discovery last year of material previously undisclosed by the police.

The find resulted in a decision by the ombudsman to stall the publication of three reports relating to more than 20 murders.

It is understood some of the information relates to arms importation by loyalists in the late 1980s.

There was more controversy last October when it emerged that more information, which had also not been disclosed, had been recently uncovered.

The stalled reports include Operation Achille, relating to the murders of five innocent Catholic men by the UDA at Sean Graham’s Bookmakers on Belfast's Ormeau Road in February 1992.

The results of a second investigation, Operation Greenwich, which relates to 20 murders and attempted murders across several counties between 1988 and 1994, has also been put on hold.

This report includes details about the infamous 1993 ‘trick or treat’ murders of eight people in the Rising Sun Bar at Greysteel, Co Derry.

The results of a probe over the murder of 17-year-old Damien Walsh in west Belfast in March 1993 has also been delayed.

Speaking to the Irish News Police Ombudsman Marie Anderson said access to information has “been a long term issue”.

“This has been going on for more than five years and that is why I am keen and I am pressing ahead with completing a new information sharing MoU (memorandum of understanding) with the PSNI."

Ms Anderson believes the issue of access needed to be addressed.

“You might say what is different?

“Well, what is different with this arrangement is that my investigators will have much more direct access to the information than ever before.

“I felt that was necessary.”

Mrs Anderson, who is a former assistant information commissioner, said police are obliged to hand over any information it holds to her office.

“I wanted to get more direct access and at the end of the day the police have to give this information to me, that's what the legislation says.

“It's a “shall”, the word is “shall” - it's a must, so we have been working on this new protocol.”

Mrs Anderson said under the new arrangement the level of access to information will be unprecedented.

“In practical terms what that means is my staff sitting with PSNI staff examining legacy systems, information systems,” she said.

“We will give them notice of the files that we want but we will have real time access to the systems.

“This is about unfettered access and that's a fundamental principal I think of this new protocol.”

Mrs Anderson said it will be the first time the ombudsman has had unfettered access on a “regular basis”.

Chief Constable Simon Byrne said: “The Ombudsman and I firmly agree that the effective disclosure of information is central to public confidence in both our organisations, particularly in relation to dealing with the past.

“I welcome this agreement and believe it will support the searching and sharing of information as well as the legal duty on all of us to protect sensitive information.”

Mrs Anderson said nothing of “significance” had emerged from either information find last year.

She also confirmed that work was continuing on finalising a series of reports linked to ongoing investigations, the first of which may be published by the end of this year.

In June the Court of Appeal refused to quash a 2016 ombudsman's report into the 1994 Loughinisland massacre during which six Catholic men were killed by the UVF as they watched a world cup soccer match in a case taken by retired police officers.

The report found that collusion was a feature in the case.

However, the court agreed that the ombudsman 's office had exceeded its powers on some of the issues raised in its report.