The Independent Commission on Policing for Northern Ireland was established in 1998 as part of the
Belfast Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
, intended as a major step in the
Northern Ireland peace process
The Northern Ireland peace process includes the events leading up to the 1994 Provisional Irish Republican Army (IRA) ceasefire, the end of most of the violence of the Troubles, the Good Friday Agreement of 1998, and subsequent political developm ...
. Chaired by
Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
politician the
Lord Patten of Barnes
Christopher Francis Patten, Baron Patten of Barnes, (; born 12 May 1944) is a British politician who was the 28th and last Governor of Hong Kong from 1992 to 1997 and Chairman of the Conservative Party from 1990 to 1992. He was made a life pe ...
, it was better known as the Patten Commission and it produced a report in 1999 known as the Patten Report. The other members of the Commission were Maurice Hayes, Peter Smith,
Kathleen O'Toole
Kathleen M. O'Toole ( Horton; born May 9, 1954) is an American law enforcement officer who served as Chief of the Seattle Police Department (SPD) from June 23, 2014 to January 4, 2018. She was previously the first female commissioner of the Bost ...
,
Gerald W. Lynch
Gerald W. Lynch (March 24, 1937 – April 17, 2013) was the third president of John Jay College of Criminal Justice, the only institution of higher education in the United States dedicated primarily to the study of criminal justice, law enforcemen ...
, Sir John Smith, Lucy Woods and Professor Clifford Shearing. The Secretary to the Commission was
Bob Peirce, who drafted the report.
Terms of reference
Under the terms of reference defined in the Belfast Agreement, the Commission was to inquire into policing in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, consult widely, and make proposals for future policing structures and arrangements, including the police force composition, recruitment, training, culture, ethos and symbols.
The aim of the proposals was to create a police service that would be effective, operate in partnership with the community, cooperate with the
Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
and other police forces, and be accountable both to the law and the community which it was to serve.
Report
On 9 September 1999 the Commission produced its report, entitled ''A New Beginning: Policing in Northern Ireland'' popularly known as the ''Patten Report'', which contained 175 symbolic and practical recommendations. Key recommendations included:
* renaming the
Royal Ulster Constabulary
The Royal Ulster Constabulary (RUC) was the police force in Northern Ireland from 1922 to 2001. It was founded on 1 June 1922 as a successor to the Royal Irish Constabulary (RIC)Richard Doherty, ''The Thin Green Line – The History of the Royal ...
the Police Service of Northern Ireland;
* a new
Policing Board and District Policing Partnership Boards to ensure accountability;
* creation of a
Police Ombudsman
The Office of the Police Ombudsman for Northern Ireland (OPONI; ga, Ombudsman Póilíní do Thuaisceart Éireann, Ulster-Scots: ''Owersman fur tha Polis o Norlin Airlann'') is a non-departmental public body intended to provide an independent, imp ...
and a Complaints Tribunal;
* removal of most visible symbols of
Britishness
British national identity is a term referring to the sense of national identity, as embodied in the shared and characteristic culture, languages and traditions, of the British people. It comprises the claimed qualities that bind and disting ...
from the police service;
* a 50-50 recruitment policy for
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
s and
Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
s;
* a new code of ethics and oath of office, including a strong emphasis on
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
;
* an emphasis on community policing and normalisation;
* proposals for training, community liaison, cooperation with other police services, and recruitment from outside Northern Ireland; and
* repeal by the
Gaelic Athletic Association
The Gaelic Athletic Association (GAA; ga, Cumann Lúthchleas Gael ; CLG) is an Irish international amateur sporting and cultural organisation, focused primarily on promoting indigenous Gaelic games and pastimes, which include the traditional ...
of its
Rule 21
Rule 21 of the Gaelic Athletic Association (GAA) was a rule in force from 1897 to 2001 which banned members of the British security forces
Security forces are statutory organizations with internal security mandates. In the legal context of sev ...
, which prohibited members of the police or
Army
An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
in Northern Ireland from being members of the Association.
Effect
The recommendations contained in the report have been partly implemented by the
Police (Northern Ireland) Act 2000
The Police (Northern Ireland) Act 2000 (c 32) is an Act of the Parliament of the United Kingdom. The act renamed the Royal Ulster Constabulary (RUC) to the Police Service of Northern Ireland (PSNI). It also created the Northern Ireland Policing ...
and the
Police (Northern Ireland) Act 2003
The Police (Northern Ireland) Act 2003 (c 6) is an Act of the Parliament of the United Kingdom.
It implements recommendations made in the Patten report.
Sections 14 to 19 were repealed bPart 2of Schedule 8 to the Justice Act (Northern Ireland ...
.
Sinn Féin
Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland.
The original Sinn Féin organisation was founded in 1905 by Arthur Gri ...
, which represents a quarter of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
's voters, refused to endorse the new force until the Patten recommendations had been implemented in full, however voted to support the force in 2007 and now take their seats on the
Northern Ireland Policing Board
The Northern Ireland Policing Board ( ga, Bord Póilíneachta Thuaisceart Éireann, Ulster-Scots: ''Norlin Airlan Polisin Boord'') is the police authority for Northern Ireland, charged with supervising the activities of the Police Service of Nor ...
. The recommendation to change the RUC name to Northern Ireland Police Service was changed to
Police Service of Northern Ireland
The Police Service of Northern Ireland (PSNI; ga, Seirbhís Póilíneachta Thuaisceart Éireann; Ulster Scots dialects, Ulster-Scots: ')
is the police, police force that serves Northern Ireland. It is the successor to the Royal Ulster Constabu ...
instead. A
Gaelic Athletic Association
The Gaelic Athletic Association (GAA; ga, Cumann Lúthchleas Gael ; CLG) is an Irish international amateur sporting and cultural organisation, focused primarily on promoting indigenous Gaelic games and pastimes, which include the traditional ...
convention repealed Rule 21 (a ban on members of the
British army
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
and the
Royal Ulster Constabulary
The Royal Ulster Constabulary (RUC) was the police force in Northern Ireland from 1922 to 2001. It was founded on 1 June 1922 as a successor to the Royal Irish Constabulary (RIC)Richard Doherty, ''The Thin Green Line – The History of the Royal ...
from playing Gaelic games), although almost all of the votes to do so came from the
Republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
(there were exceptions Kerry, Cavan and Monaghan voted against repealing the rule) . Of the six associations in Northern Ireland, only
County Down
County Down () is one of the six counties of Northern Ireland, one of the nine counties of Ulster and one of the traditional thirty-two counties of Ireland. It covers an area of and has a population of 531,665. It borders County Antrim to the ...
voted to repeal it.
Affirmative action measures
![Affirmative Action in NI](https://upload.wikimedia.org/wikipedia/commons/1/1e/Affirmative_Action_in_NI.jpg)
Affirmative action in Northern Ireland denotes proactive measures seeking to redress inequalities experienced by a particular group. The Equalities Review defines the goal of
equality
Equality may refer to:
Society
* Political equality, in which all members of a society are of equal standing
** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elite ...
in a
democratic society as: ‘An equal society
hich
Ij ( fa, ايج, also Romanized as Īj; also known as Hich and Īch) is a village in Golabar Rural District, in the Central District of Ijrud County, Zanjan Province, Iran
Iran, officially the Islamic Republic of Iran, and also ...
protects and promotes equal, real freedom and … removes the barriers that limit what people can do and can be.’ The backdrop to affirmative action in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
(NI) was, "
irty years of
internal war hich
Ij ( fa, ايج, also Romanized as Īj; also known as Hich and Īch) is a village in Golabar Rural District, in the Central District of Ijrud County, Zanjan Province, Iran
Iran, officially the Islamic Republic of Iran, and also ...
intensified already deeply etched fissures and suspicions" between the
Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
and
Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
communities. The recognition of the dominance of the two populace lead to proactive measures in
anti-discrimination legislation
This is a list of anti-discrimination acts (often called discrimination acts or anti-discrimination laws), which are laws designed to prevent discrimination.
Australia
*Anti-discrimination laws in Australia
**Age Discrimination Act 2004
**Anti- ...
.
Context
Policing in Northern Ireland
Traces of proactive equality measures can be traced back to the Fair Employment Act (NI) 1976. This legislation recognised the importance of equality in the workplace between Protestant and Roman Catholic communities. With the 1989 Amendment imposing positive duties on employers to prevent discrimination. Such actions have led to the NI approach of addressing inequality of opportunity to be considered as "radically different" to the rest of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
(UK).
The Good Friday Agreement 1998 provided the agenda of creating a "new beginning to policing
nNorthern Ireland, with a police service capable of attracting and sustaining support from the community as a whole." The Cameron Report identified that incidents of misconduct in the
Royal Ulster Constabulary
The Royal Ulster Constabulary (RUC) was the police force in Northern Ireland from 1922 to 2001. It was founded on 1 June 1922 as a successor to the Royal Irish Constabulary (RIC)Richard Doherty, ''The Thin Green Line – The History of the Royal ...
(RUC), such as the widely televised unrest erupting from the Civil Rights March on 5 October 1968, added weight its public perception as a Protestant organisation. The NI Affairs Committee noted that ‘whether criticism of the force has been justified or not, it is the case that any settlement in Northern Ireland involves policing issues’.
Whilst the RUC had an
affirmative action programme in place, this was largely ineffective. A reflection of the data demonstrates the Roman Catholic representation of the police force to increase from 7.4% in 1991 to a mere 8.2% seven years later.
Patten Report
![Chris Patten -2008-10-31-](https://upload.wikimedia.org/wikipedia/commons/9/9f/Chris_Patten_-2008-10-31-.jpg)
A post conflict solution arising from the Independent Commission on Policing, led by Chris Patten, included proposals for more inclusive policing arrangements. The aim was to create a police force more representative of the society it serves. The immediate rebranding of policing to the "PSNI" (Police Service of Northern Ireland) sought to overcome the backdrop of discrimination that had become synonymous with the former institution. The report was a comprehensive plan including proactive measures regarding gender equality, community awareness training and changing the culture and ethos of the police.
A key focus was placed on the 50:50 recruitment measure, which proposed that ‘an equal number of Protestant and Catholics would be drawn from the pool of qualified candidates.’
![Patten Report](https://upload.wikimedia.org/wikipedia/commons/5/5c/Patten_Report._Fig._12.jpg)
The pursuit of a more proportional representation was critical in adopting this temporary measure (See table, fig 12) in addition to the certainty of results it was likely to produce within a reasonable timeframe. A broader reading of the contemporary political context in NI implicates the measure with the long term goal of achieving peace within NI. The Patten Report noted the findings from the, "Community Attitudes Survey which found that over three quarters of all Catholics thought there were too few Catholics represented and over 60% of all Protestants agreed." The Report also recognised that for effective policing in a democracy, it must be based on consent across the community. It was particularly important to restore the police’s legitimacy and public confidence.
Whilst the Patten proposals were largely accepted by the Secretary of State, the temporary 50:50 recruitment measure was not universally welcomed. In particular, the measure was not welcomed by Unionist political parties. The temporary 50:50 recruitment measure came into effect by the enactment of the Police (NI) Act 2000.
Evaluation
Academic commentary
Advocates of such measures, such as Sandra Fredman point to a number of advantages and justifications for supporting affirmative action. Fredman argues that affirmative action programmes can lead to greater integration of minorities within the community which can, in turn, help to reduce inequalities. These improvements help to reverse the negative effects of past discrimination. However, Fredman also recognises the ability of affirmative action to change inequality in the future. One benefit she notes is the creation of role models for other individuals within the traditionally disadvantaged community. This can pave the way for a change in attitude and thus predicate institutional change.
The "merit principle" has long been an important term in determining the appropriate scope of affirmative action. As Son Hing, Bobocel and Zanna note, typically people who strongly endorse the merit principle and believe that outcomes should be given to those most deserving, oppose affirmative action programmes that violate this principle. Sally Wokes highlights that affirmative action violates the essential principle of equality, suggesting that it is likely to increase tensions between communities and lead to the stigmatisation of those groups which benefit. She also questions the validity of the ‘role model’ argument on the basis that the perceived lack of merit undermines the legitimacy of their position, thus negating their positive influence as a role model. Furthermore, Wokes suggests that affirmative action will only benefit the least deprived members of a minority, therefore doing little to tackle the underlying disadvantage.
Impact on Northern Ireland policing
In December 1998, the Catholic proportion of the police service represented 8.3% this had significantly increased by March 2011 to 29.7%.
Owen Paterson
Owen William Paterson (born 24 June 1956) is a British former politician who served as Secretary of State for Northern Ireland from 2010 to 2012 and Secretary of State for Environment, Food and Rural Affairs from 2012 to 2014 under Prime Minist ...
viewed this result as a ‘tremendous change’ which was at the top end of the Patten Report’s critical mass. In August 2014, the Catholic proportion had increased to 30.75%.
Catholic confidence in the PSNI has continued to increase. In December 2006, 79% had some level of confidence in the PSNI, as compared to 75% in September 2005. This is broadly similar to Protestant confidence levels which have remained static at 80%. However, critics point to questions around falling levels of public confidence in some loyalist and republican communities.
Nevertheless, the discriminatory impact on other communities, specifically Protestant, has been acknowledged against this context of increasing Catholic representation and support for the police. The Parliamentary Under Secretary of State for NI, Ian Pearson, stated that "our figures on discrimination against the Protestant community by the policy show that, to date 440 people have been discriminated against".
Furthermore, Patrick Yu (Executive Director of the Northern Ireland Council for Ethnic Minorities) criticises the 50:50 measure, for categorising Catholics and ‘non-Catholics,’ highlighting that the legislation addresses only two communities, with all other minorities, ’fall(ing) through the gap.’ It is however noted that by August 2014, ethnic minorities employed as police officers stood at 0.51% of the population, which is broadly in line with census data.
Policing in NI continues to evolve and its effectiveness will be subject to ongoing review and evaluation by the Policing Board. A
Public Accounts Committee report stated almost 40% of all temporary workers were former police officers and nearly 20% of Patten retirees were reemployed by the PSNI as temporary staff. This has provoked criticism that the results produced by the Patten recommendations are somewhat superficial.
Given the close alignment between the political context and policing, the affirmative action measures and their effectiveness will constantly be subject to review and evaluation. It is possible to even say that the compositional improvements of the PSNI may have influenced the
Metropolitan Police
The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
in London to call for positive action measures to increase the representation of
ethnic minorities
The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number o ...
.
[The Guardian, ‘MET Plan to Fast Track Black Recruits’ (17 April 2004) >http://www.theguardian.com/uk/2004/apr/17/race.world
]
See also
* Affirmative Action#United Kingdom
References
External links
The full report (PDF)
{{Authority control
History of Northern Ireland
Law enforcement in Northern Ireland
Northern Ireland peace process
1998 establishments in Northern Ireland
Affirmative action in Europe