Legal challenges to PSNI's rehiring of ex-RUC officers fail in court
- 4 February 2014
- From the section Northern Ireland
Two legal challenges to the Police Service of Northern Ireland's civilian recruitment policy, including rehiring retired RUC officers, have both failed.
The two separate court challenges were brought by a murder victim's mother and by the civil service union, NIPSA.
Vivienne McCord, whose son Raymond was murdered by paramilitaries in 1997, challenged the PSNI's rehiring of ex-Royal Ulster Constabulary officers.
NIPSA had challenged the PSNI's use of a private firm to hire support staff.
The union claimed Chief Constable Matt Baggott acted unlawfully when he awarded a contract worth up to £180m to the company to hire more than 1,000 temporary staff to work for the PSNI.
However, the judge ruled that it was clear from the relevant legislation that the chief constable did have the power to enter into the private contract, and was entitled to do so.
Both applicants failed in their bids to secure a judicial review of the PSNI's current recruitment arrangements for support staff.
Mrs McCord had objected to the rehiring of retired RUC officers to work on PSNI investigations, including the one into her son's death.
Raymond McCord jnr was murdered by a Ulster Volunteer Force (UVF) gang that was led by an RUC Special Branch informer.
Ten years later, an investigation by the then Police Ombudsman, Nuala O'Loan, upheld allegations of police collusion in the killing.
When Mrs McCord launched her court challenge in 2012, she said she was concerned that some retired officers may have a vested interest in hindering the investigation into her son's murder.
In her judicial review application, she claimed the RUC rehiring arrangement compromised the integrity of the investigation.
'Jobs for the boys'
The Northern Ireland Public Service Alliance (NIPSA) represents more than 1,200 civilian staff working for the PSNI.
It criticised the PSNI's decision to outsource hundreds of police support staff roles to private companies, including roles such as custody detention officers, security guards, call handlers, station enquiry assistants and safety camera operators.
In 2012, the union alleged that retired police officers were being rehired for jobs that were not publicly advertised, and that the practice had resulted in a culture of jobs for the boys.
In its judicial review application, NIPSA complained that the contract staff had bypassed the PSNI's 50:50 recruitment policy, designed under the Patten policing reforms to increase the number of Catholics working for the PSNI.
The two judicial review applications were considered at the same time because the concerns they raised overlapped.
High Court judge Mr Justice Treacy ruled that the outsourcing of PSNI support roles was consistent with the Patten reforms.
"The Patten Report recommended that there should be a 'review of police support services with a view to contracting out those services where this will enhance the efficient management of resources'," the judgment stated.
He rejected a submission that the hiring of permanent staff by the Policing Board was the only means by which the PSNI could secure civilian assistance.
The judge said the role of the Policing Board, as envisaged by the Patten report, was to have a high level role in negotiating the police budget and holding the PSNI to account - not to control spending decisions or the day-to-day management of that budget.
Speaking outside court, Ryan McKinney from NIPSA said: "The Policing Board, I'm sure will want to consider the outcome of this, as will NIPSA, so we'll be meeting to have a legal briefing with our solicitors to decide on a course of action after this."
Mrs McCord's solicitor, Padraig Ó Muirigh, said: "I suspect it's not the end of the matter and I would imagine, after consulting with our client, that we'll be in a position to decide on filing an appeal."
The Patten Report was published by the former Hong Kong governor, Chris Patten.
He was brought in to reform policing in Northern Ireland as part of the Good Friday Agreement in 1998.
The Patten redundancy scheme was a key part of his reforms and was aimed at increasing the number of Catholics in the PSNI, which replaced the RUC in 2001.
The scheme included a retirement package that encouraged thousands of RUC officers to leave their posts.
That made room for new recruits - 50% of whom had to be Catholic, until 50:50 PSNI recruitment ended in 2011.
Up to the end of November 2010, Patten redundancy payments totalled almost £475m.