MLA calls for urgent reform as Police Ombudsman cannot be suspended or dismissed

Police Ombudsman Marie Anderson is currently on a ‘temporary leave of absence’

TUV MLA Timothy Gaston has called for a series of urgent reforms to the system overseeing Northern Ireland’s police watchdog, warning that public confidence is being damaged by a lack of accountability.

The North Antrim MLA said that the current legal framework around the Police Ombudsman’s office has left it in a legal “no man’s land”.

This comes after a series of revelations through written Assembly questions that uncovered that there is no formal process in place for dismissing or suspending the Police Ombudsman. It was also revealed that the Ombudsman is appointed by Royal Warrant as a Corporation Sole, and therefore has no line manager, no performance appraisal process, and no departmental accountability.

The current office holder, Marie Anderson, announced in June that she would be taking a “temporary leave of absence” due to media commentary “detracting from the focus” of her work.

Ms Anderson had returned to work in January after taking a leave of absence due to illness last June.

In 2023, it emerged that West Midlands Police were examining events related to an incident at a property linked to Mrs Anderson in Holywood, Co Down.

PSNI officers went to the property at about 6.30 pm on Saturday, September 23 2023, after a report of a domestic incident.

A man was arrested as part of the inquiry and later released pending a report to prosecutors. A file was subsequently sent to the Public Prosecution Service.

West Midlands Police were then tasked with investigating further aspects of the incident. Days prior to Ms Anderson announcing her most recent leave of absence, it was confirmed that the West Midlands Police investigation had been completed.

Following the investigation, a PPS spokesperson confirmed it had received a file reporting one individual for potential offences of perverting the course of justice and misconduct in public office.

“In the weeks leading up to the summer recess, I have submitted a series of Assembly questions which have uncovered serious issues around the governance, accountability, and transparency of the Office of the Police Ombudsman for Northern Ireland,” Mr Gaston said in a statement to Belfast Live.

“The current Police Ombudsman has taken a leave of absence, yet there is no clarity around who authorised it, under what legal power it was granted, or whether full salary continues to be paid during this period. Even more troubling is the fact that neither the Department of Justice nor The Executive Office appears to take responsibility for these questions. Each points the finger elsewhere.

“I believe the public deserves better. My Assembly Questions revealed the following: there is no legal power to suspend or remove the Police Ombudsman, even if they are under police investigation, referred to the PPS, or convicted of a criminal offence; Developed Vetting — which governs access to the most sensitive national security material — is a UK-level process, and The Executive Office has no oversight or clarity over whether it was followed in this case; The Ombudsman is appointed by Royal Warrant as a Corporation Sole, and therefore has no line manager, no performance appraisal process, and no departmental accountability; The Department of Justice disclaims all responsibility, including for pay and HR matters, which are managed internally by OPONI.

“Let me be clear: if the Police Ombudsman were an ordinary civil servant, this situation would never be allowed to develop. But because of outdated legislation and bureaucratic buck-passing, we now find ourselves in a legal no man’s land where no one is in charge, and no one takes responsibility.

“These structural flaws matter because they are affecting public confidence. I am calling for immediate action on three issues. Number one, a full review of the legal framework governing the Ombudsman’s appointment, suspension, and dismissal. The current lack of clear powers is indefensible. Two, clarification of vetting procedures: Was proper Developed Vetting carried out? And how is it maintained? And three, a public statement from OPONI on the salary and leave status of the Ombudsman—past and present.

“Independent oversight of policing is absolutely essential in any democracy. But independence must never mean immunity from accountability.

“At present, the system is broken. I will continue to pursue these matters until we have the answers, transparency, and reforms that the public deserves.”

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