The Police Bill should require the Secretary of State, the Chief Constable and the Police Authority to hold a joint annual meeting to review policing matters and policy. This initiative would publicly demonstrate the tripartite relationship governing policing, which is not widely understood, and provide a forum to co-ordinate activity between the three strands in the policing process more transparently. In the future, a new assembly could either join or replace the Secretary of State in this context.
The section of the Bill relating to the powers of constables has been seriously watered down from earlier versions of this legislation prepared by the NIO and discussed with the RUC, the Police Authority and others over the last three years.
The powers of constables go to the very heart of policing and police reform, and need to specifically address the unique circumstances created by the deeply divided society in Northern Ireland and the overwhelmingly Protestant nature of the police membership.
It also needs to provide a statutory remedy against officers who do not meet their obligations or whose behaviour compromises public confidence in the RUC, for instance, by taking part in an Orange march. This is unarguably the most crucial piece in remaking the policing jigsaw and needs to take the bold, ground-breaking steps outlined below to signal that there is real determination to reform police culture and usher in a new and significantly more community-based, sensitive and impartial climate.
The Bill replaces the oath of office, dating back to 1836, requiring constables to "well and truly serve Our Sovereign Lady, the Queen", with a simpler affirmation requiring the officer to carry out the duties of a constable. However, the Bill does not go far enough in defining those duties. It should be amended to oblige officers to: "protect human rights, life and property for the benefit of the entire community".
It should go further in requiring officers: "to exercise the powers of a constable impartially, and treat all persons courteously and with dignity without regard to status, culture, ethnicity, tradition, religious or political belief".
This ground-breaking step, to impose a statutory duty of impartiality, is essential to the future credibility of policing in Northern Ireland and, if it is not taken, exposes the government to criticism for side-stepping the most difficult and controversial aspects of police reform.
In the same vein the legislation should also impose a requirement on police officers to: "promote and maintain public confidence and trust by refraining from any activities, on or off duty, which could prejudice the consent, confidence or co-operation of members of the public in the police service or cause doubt about the impartial discharge of police duties".
This suggestion is based on a 1996 judgment by Lord Justice Carswell, who ruled that while members of the RUC could be members of the Loyal Orders, any public manifestation of that membership, by taking part in parades, could prejudice the impartial standing of the RUC and was therefore inappropriate. This important judgment now needs to be given the force of law as one of the core obligations of a police officer.
Together, these significant amendments will put the constables and the RUC on an entirely new footing with the whole community and, if properly explained by government, can provide the basis for a campaign to change attitudes within the police and in the wider community. Without this issue being tackled, the legislation is fatally flawed and the government will have missed the opportunity to re-root policing culture.
The section relating to the specific powers and responsibilities of the Chief Constable is seriously deficient in that it does not clarify and more rigorously define his operational independence and accountability. Again, the Bill fails to confront a long-standing weakness which has been the cause of so much trouble in the past.
The Bill should state explicitly that the police service shall be directed, controlled and deployed by the Chief Constable and that in discharging his functions, the Chief Constable shall have regard to the views, statutory or otherwise, of the Secretary of State, the Police Authority for Northern Ireland and the annual policing plan.
The present lack of a precise definition of police accountability should be remedied by further requiring that: "when called upon to do so, the Chief Constable will fully account to either the Secretary of State or the Police Authority for Northern Ireland, orally or in writing, for the direction, control and deployment of the police service". Such a power is long overdue and would transform the nature of police accountability.
So that there can be no doubt about the Chief Constable's responsibility to control and discipline his officers, there should be a new statutory duty obliging the Chief Constable to "take all reasonable steps to ensure that the powers of constables, as outlined in the legislation, are, in fact, properly discharged".
There is also a collateral need for a redefinition of the constitution, electoral procedures and role of the Police Federation to bring them more into line with current practice in the trades union movement by providing for direct, independently supervised election of officers and greater financial accountability to members.
This is aimed at controlling the increasingly partisan and controversial statements by the federation which have promoted a view of the RUC as a "British" police service and defended its attachment to royal symbols and other trappings which only compromise efforts to foster better relations with the Catholic community and prejudice wider confidence in the impartiality and fairness of the RUC.
Consistent with suggestions to define the role of the authority and Chief Constable more rigorously, the role of the Secretary of State also needs to be revised. Accordingly, the post-holder should be charged with "exercising powers under the law in such manner and to such extent as appears to be best calculated to protect the operational independence of the Chief Constable and the Royal Ulster Constabulary from undue political direction or partisan influence or control; promote public confidence in and co-operation with the police service; ensure that the views of the Police Authority, statutory or otherwise, and the entire community are obtained and taken into consideration in the provision of the police service; and, through oversight of the planning, delivery and financial processes, hold the Police Authority, Chief Constable and the police service to account for the efficiency, effectiveness and impartiality of the policing service".
These fundamental matters must be confronted by the government and MPs and not side-stepped. If they are, the Police Bill will indeed provide a strong framework for a new era of policing. If they are not, policing will continue to fester as a source of discontent and controversy.
Chris Ryder served on the Police Authority for Northern Ireland from 1994-96. He is the author of The RUC: A force under fire.