Justice and Security (Northern Ireland) Bill

My Lords, I am most grateful for the way in which the issues have been raised. As the noble Lord, Lord Trimble, said, they were raised in Committee in substantial detail in quite a wide-ranging debate. The amendment attempts to restrict the activities of the Police Ombudsman for Northern Ireland in the same way in which the Human Rights Commission is dealt with in the Bill. We have listened on more than one occasion to the noble Lord’s concerns—they were rehearsed in Committee and we take them seriously. The issues raised were, as promised, drawn to the attention of the Secretary of State, his advisers and other Ministers. I know that other discussions have taken place on them. The ombudsman has a clear statutory duty in relation to oversight of the police. That is what she is there for and she has no remit whatever to investigate the activities of the intelligence agencies, nor doesshe remotely have any connection with oversight of the activities of the security services. It is simple: the ombudsman’s role is, and will remain, properly focused on the police and only the police. The ombudsman may have access to sensitive information by virtue of statutory powers to oversee the activities of police officers, but that is essential to the discharge of the ombudsman’s duties and role in ensuring an efficient and effective police complaints system that commands public confidence. It must maintain public confidence; any reports or comments that knock public confidence are in no one’s interests, least of all those of the ombudsman. Where the ombudsman has reason, consistent with those powers, to investigate the activities of a police officer, any access by the ombudsman to sensitive information held by the Security Service in the course of that investigation will be permitted in accordance with arrangements agreed between the service and the ombudsman’s office. The noble Lord has raised serious concerns, and any damage to national security or risk to lives is a matter of grave concern. I can assure him that, should the Secretary of State feel it necessary or appropriate to do so, he will not hesitate to deploy the statutory provisions allowing him to issue guidance to the ombudsman with respect to the disclosure of matters that may be prejudicial to the public interest. Those statutory powers exist, but never have been used, as I said in Committee. I and the Secretary of State have read the reports and information that the noble Lord, Lord Maginnis, also raised in Committee, and of which I was given copies afterwards. The Secretary of State and the Security Minister have met police officers and representatives of the Northern Ireland Retired Police Officers’ Association. We are listening and will want to consider those issues carefully, particularly those that relate to the disclosure of sensitive information that puts lives at risk. If necessary, the Secretary of State can issue guidance on such matters to the ombudsman.