Keeping People Safe

GEORGE HAMIL TON QPM CHIEF CONSTABLE

Our Ref: Com Sec 16\15040 2 ~ December 2016

Thank you for the invitation to appear before the Northern Ireland Affairs Committee last week. I would like to clarify a number of comments raised during the meeting.

Number of European Arrest Warrants (EAWs) in Northern Ireland

Further to the Committee's questions on European Arrest Warrants, please find attached a table (Appendix A) covering EAWs into and out of Northern Ireland.

Common Travel Area and Immigration Controls

My comments on immigration controls in response to questions from the Committee Chair, attracted some media coverage. Given the interest in the issue, I would like to clarify my comments. The position is such; that immigration controls in Northern Ireland benefit from access to Schengen Information System (SISII). While Ireland is not currently a signatory to Schengen, and does not have access to the data base at present, this is due to change. At no point have I had any concerns, nor did I wish to convey any concerns, regarding the commitment of An Garda Sfochana in preventing and detecting criminals operating on the island of Ireland. In fact, I hope the Committee will have taken reassurance from my comments that cooperation between PSNI and An Garda Sfochana has never been better.

Cross border Strategy and MOU with An Garda Siochana

As you know, a revised Cross Border Strategy was signed by PSNI and An Garda Sfochana in September. The Strategy facilitates the co-ordination of joint policing activity in critical areas such as community policing, rural policing, intelligence sharing and emergency planning.

The Committee inquired as to the status of a Memorandum of Understanding (MOU) that would allow both agencies to draw on the partners resources to meet demand. This MOU was the product of the previous Cross Border Strategy and related to the sharing of equipment. Although not formally signed off, there has been equipment sharing at an operational level to meet specific and significant operational demands. Requests for support are favourably received by both organisations and through PSNl's Operational Support Department we continue to work closely with An Garda Sfochana on this issue.

Private Office, PSNI Headquarters, 65 Knock Road, Belfast, Northern Ireland BT5 6LE ( •l CRIMESTOP~ ne: 028 90 561613 Fax: 028 90 561645 Email: comsec1@psni.pnn.police.uk

'-J 0800 555 111 Call anonymously with Information about crime

Legacy Issues

I understand the Committee's concerns about the perceptions around the sequencing of legacy cases. It is important to stress to the Committee that the work of PSNl's Legacy Investigations Branch is not deliberately focussed on the actions of any particular group.

There has been a large degree of media coverage on this issue in recent weeks. Contrary to some of this media reporting - there is no new, bespoke "probe" into deaths attributed to the British Army.

Like all other Police Services, PSNI has a duty to review historic cases and, where credible investigative opportunities are identified, conduct further investigations. The legacy of the Troubles means that the number of historical cases for which the PSNI has responsibility is on a scale which no other UK Police Service has to respond to.

Between 1 January 1969 and 1 March 2004, there were more than 3,200 homicides in Northern Ireland. Many of them remain unresolved, and for many families, of course, even a criminal prosecution is likely to bring little in the way of resolution. It is simply not possible to review all these cases at once, detectives in our Legacy Investigations Branch use a Case Sequencing Model to manage and progress their case load, for example, cases in which there is new forensic evidence will take precedence over cases that do not.

As I explained to the Committee, PSNI are also required to undertake investigative actions which have been referred to us through various legislative mechanisms or have been the subject of Public Inquiry and Government initiated review. These investigations include the Bloody Sunday Investigation and the Military Reaction Force Investigation ­both of which involve military personnel. Other investigations focussing on paramilitaries include Lady Justice Hallet's Review into the On the Runs Scheme and the investigations emanating from the Boston College tapes. In all of these cases, in one form or another, it has been anticipated that PSNI must investigate.

Dealing with the past is an extraordinarily complex area for PSNI, and presents major public confidence issues. Since becoming Chief Constable, I have warned time and again that the current haphazard approach to dealing with the past in Northern Ireland saps confidence in policing and the criminal justice system more broadly. It is my view that work must continue on the Historical Investigations Unit and the other mechanisms for dealing with the past which were laid out in the Fresh Start Agreement.

In answer to the Committee's specific requests for information on legacy issues: The Committee asked how many persons were currently being reported to Public Prosecution Service from Legacy Investigations Branch. The details are laid out below:­

• 197 4 fatal shooting of JP Cunningham by soldiers: one individual charged with attempted murder and awaiting trial. This investigation arose from a Section 35(5) Justice (Northern Ireland) Act 2002 referral.

• Fatal shots during Bloody Sunday: files recently submitted to the Public Prosecution Service. This investigation arose from the Saville Inquiry.

• Investigation into loyalist paramilitaries following admissions to the Boston College Project. One individual charged with two murders and a number of other serious offences.

• Investigation into republican paramilitaries following admissions to the Boston College Project. One individual charged in connection with the abduction and murder of Jean Mcconville.

The Committee also asked for an update on the cases which were prioritised by Lady Justice Hallett's Review.

The 36 individuals, highlighted within the report of Lady Justice Hallett, as having had their status changed from Wanted to Not Wanted, have been prioritised. The purpose of this is to better understand the rationale for the status change and to identify whether any opportunities currently exist to bring those offenders to justice. To date, we have completed reviews of 145 serious crimes to which those individuals are linked and this includes a re-examination of the forensic potential within each case. At this time no cases have been concluded, no person has been reported to the PPS and potential investigative opportunities are still being sought.

I trust that you will find these details helpful and if I can be of any further assistance, please do not hesitate to contact me.

f~~. ();(~~~

GEORGE HAMIL TON

Copy to:­

Secretary of State Minister of Justice Commissioner, An Garda Sfochana

Laurence Robertson MP Chair Northern Ireland Affairs Committee House of Commons London SW1A OAA

Appendix A

European Arrest Warrants

(Figures correct as at 19.12.2016)

1,

Number of arrests on European

Arrest Warrants

received in NI from other

countries

Number of extraditions

from NI

II 1,

Number of extraditions

to NI

Number of European

Arrest Warrants

received in NI from other

countries

Number of European

Arrest Warrants sent out

from NI to other

countries

32010 38 15 4 52

2011 54 33 8 47 5

2012 47 41 3 53 12

2013 56 41 10 85 12

2014 51 33 11 49 11

2015 61 34 3 80 4

2016 46 30 9 59 10

TOTAL 353 227 48 425 57