Policy background Northern Ireland Minister appointment functions
Where appointment functions are conferred on Northern Ireland Ministers, they cannot be exercised while there are no Northern Ireland Ministers in post. The Act addresses the most urgent cases, where the making of an appointment is necessary to maintain good governance and public confidence in the institutions in Northern Ireland, particularly focussing on the sensitive area of policing and justice. Those offices are:
The Northern Ireland Judicial Appointments Commission (NIJAC), which was established in 2005 under the Justice (Northern Ireland) Act 2002 to select and appoint, or recommend for appointment, in respect of all listed judicial offices up to and including High Court Judge.3 Chaired by the Lord Chief Justice of Northern Ireland (LCJ), its full membership is five judicial members nominated by the LCJ, ‘legal professional’ members nominated by the Law Society of Northern Ireland and the General Council of the Bar of Northern Ireland, and five ‘lay’ members appointed by the First Minister and deputy First Minister acting jointly. The nominated members are also appointed by the First Minister and deputy First Minister so cannot be appointed without those ministers in place.
The Northern Ireland Policing Board, which was established in 2001 under the Police (Northern Ireland) Act 2000 following the report of the Independent Commission on Policing for Northern Ireland (the Patten report), provides oversight for the Police Service of Northern Ireland (PSNI) and Chief Constable, including the appointment of the Chief Constable, Deputy Chief Constable and Assistant Chief Constables. The Board should consist of ten political members (nominated by Northern Ireland parties on the basis of their representation in the Assembly) and nine independent members, appointed by the Minister of Justice. In line with legislation the political members ceased to hold office after the March 2017 Assembly election; since 30 June 2018, the Board has also been without three of its nine independent members.
Appointments of senior officers in the PSNI are made by the Northern Ireland Policing Board under the Police (Northern Ireland) Act 2000, as noted above, but require ministerial approval from the Minister of Justice. These are appointments of officers above the rank of Chief Superintendent: the Chief Constable, Deputy Chief Constable, and Assistant Chief Constables (ACCs). The absence of any capacity for the Board to make these appointments has meant that two of the five ACCs are currently on temporary promotions and one of the substantive ACCs is currently covering the role of Deputy Chief Constable following the latter’s appointment to An Garda Síochána.4 The Chief Constable raised his concerns about reliance on temporary appointments in evidence to the House of Commons Northern Ireland Affairs Committee.5
The Probation Board for Northern Ireland, appointed under the Probation Board (Northern Ireland) Order 1982, has the following mandatory functions: secure the maintenance of an adequate and efficient probation service; make arrangements for persons to perform work under Community Service orders; provide such probation officers and other staff as the Department of Justice considers necessary to perform social welfare duties in Prisons and Young Offenders Centres; and undertake other such duties as may be prescribed. It consists of a Chair, a Deputy Chair and not less than 10 or more than 18 other members. Including the Chair and Deputy Chair there are currently 12 Board Members and one vacancy on the Board. The Chair and Board Members are appointed for a maximum of three years by the Minister of Justice. The tenure of all the current members expires on 30 November 2018.
The Police Ombudsman for Northern Ireland is responsible for the independent and impartial investigation of complaints against the police, and for the investigation of a range of other matters referred by the Department of Justice, Policing Board and the Chief Constable, or in respect of matters considered by the Ombudsman to be in the public interest. The Ombudsman investigates complaints against the PSNI, the Belfast Harbour Police, the Belfast International Airport Police, National Crime Agency Officers in Northern Ireland, Ministry of Defence Police in Northern Ireland and certain complaints about Immigration Officers and Designated Customs Officials when operating in Northern Ireland. The appointment is for seven years (or up to retirement at 70 years old) and is made by Her Majesty on the recommendation of the First Minister and deputy First Minister acting jointly, under the Police (Northern Ireland) Act 1998.