Police accountability in Ireland: an analysis of the problems posed by the legal, constitutional and political dimensions and how they might be addressed

The concept of police accountability is not susceptible to a universal or concise definition. In the context of this thesis it is treated as embracing two fundamental components. First, it entails an arrangement whereby an individual, a minority and the whole community have the opportunity to participate meaningfully in the formulation of the principles and policies governing police operations. Second, it presupposes that those who have suffered as victims of unacceptable police behaviour should have an effective remedy. These ingredients, however, cannot operate in a vacuum. They must find an accommodation with the equally vital requirement that the burden of accountability should not be so demanding that the delivery of an effective police service is fatally impaired. While much of the current debate on police accountability in Britain and the USA revolves around the issue of where the balance should be struck in this accommodation, Ireland lacks the very foundation for such a debate as it suffers from a serious deficit in research and writing on police generally. This thesis aims to fill that gap by laying the foundations for an informed debate on police accountability and related aspects of police in Ireland. Broadly speaking the thesis contains three major interrelated components. The first is concerned with the concept of police in Ireland and the legal, constitutional and political context in which it operates. This reveals that although the Garda Siochana is established as a national force the legal prescriptions concerning its role and governance are very vague. Although a similar legislative format in Britain, and elsewhere, have been interpreted as conferring operational autonomy on the police it has not stopped successive Irish governments from exercising close control over the police. The second component analyses the structure and operation of the traditional police accountability mechanisms in Ireland; namely the law and the democratic process. It concludes that some basic aspects of the peculiar legal, constitutional and political structures of policing seriously undermine their capacity to deliver effective police accountability. In the case of the law, for example, the status of, and the broad discretion vested in, each individual member of the force ensure that the traditional legal actions cannot always provide redress where individuals or collective groups feel victimised. In the case of the democratic process the integration of the police into the excessively centralised system of executive government, coupled with the refusal of the Minister for Justice to accept responsibility for operational matters, project a barrier between the police and their accountability to the public. The third component details proposals on how the current structures of police accountability in Ireland can be strengthened without interfering with the fundamentals of the law, the democratic process or the legal and constitutional status of the police. The key elements in these proposals are the establishment of an independent administrative procedure for handling citizen complaints against the police and the establishment of a network of local police-community liaison councils throughout the country coupled with a centralised parliamentary committee on the police. While these proposals are analysed from the perspective of maximising the degree of police accountability to the public they also take into account the need to ensure that the police capacity to deliver an effective police service is not unduly impaired as a result.

The study of molecular variation in Atlantic salmon (Salmo salar L.) and brown trout (Salmo trutta L.)

Polymorphic microsatellite DNA loci were used here in three studies, one on Salmo salar and two on S. trutta. In the case of S. salar, the survival of native fish and non-natives from a nearby catchment, and their hybrids, were compared in a freshwater common garden experiment and subsequently in ocean ranching, with parental assignment utilising microsatellites. Overall survival of non-natives was 35% of natives. This differential survival was mainly in the oceanic phase. These results imply a genetic basis and suggest local adaptation can occur in salmonids across relatively small geographic distances which may have important implications for the management of salmon populations. In the first case study with S trutta, the species was investigated throughout its spread as an invasive in Newfoundland, eastern Canada. Genetic investigation confirmed historical records that the majority of introductions were from a Scottish hatchery and provided a clear example of the structure of two expanding waves of spread along coasts, probably by natural straying of anadromous individuals, to the north and south of the point of human introduction. This study showed a clearer example of the genetic anatomy of an invasion than in previous studies with brown trout, and may have implications for the management of invasive species in general. Finally, the genetics of anadromous S. trutta from the Waterville catchment in south western Ireland were studied. Two significantly different population groupings, from tributaries in geographically distinct locations entering the largest lake in the catchment, were identified. These results were then used to assign very large rod caught sea trout individuals (so called “specimen” sea trout) back to region of origin, in a Genetic Stock Identification exercise. This suggested that the majority of these large sea trout originated from one of the two tributary groups. These results are relevant for the understanding of sea trout population dynamics and for the future management of this and other sea trout producing catchments. This thesis has demonstrated new insights into the population structuring of salmonids both between and within catchments. While these chapters look at the existence and scale of genetic variation from different angles, it might be concluded that the overarching message from this thesis should be to highlight the importance of maintaining genetic diversity in salmonid populations as vital for their long-term productivity and resilience.

EARLY TWENTIETH CENTURY VIOLA MUSIC FROM ENGLAND AND GERMANY: FROM POST-ROMANTICISM TO MODERNISM

In the early twentieth century, the viola began to gain status as a solo instrument with the appearance in England of the virtuosic violist Lionel Tertis. Because of a lack of music for viola at that time, such English composers as York Bowen, Arnold Bax, Ralph Vaughan Williams, Arthur Bliss and William Walton began to write viola music for Tertis. Meanwhile, in Germany, the well-known composer and virtuosic violinist and violist Paul Hindemith wrote and premiered several viola sonatas and concertos. Viola music became even more developed later with William Primrose, the legendary Scottish violist, and all the works written in the early twentieth century have remained significant in the viola literature. Although this new viola music appeared in both countries during same period, it developed along different lines in each country. Because they were under the influence of earlier periods and traditions, the English composers who associated with Tertis wrote their music in a Romantic style, with expanded harmony, various colors of sound and timbre, and lyrical melodies. Hindemith, as a composer himself, employed a more Modernist style, using atonality and angular melodies, which represented German trends at that time. I have given three recitals, of which the first two were divided between selected English music and German music. Although I originally intended to focus solely on music by Hindemith and music written for Terts, I decided that in order to give a more complete view of the national trends of those two countries, I included Rebecca Clarke's Sonata, Lachrymae by Benjamin Britten (dedicated to William Primrose), and Max Reger's Suite for Viola. Rebecca Clarke was herself a fine violist, and her sonata's Romantic style is also representative of the English trends of viola music. Lachrymae was written with a different concept and shows more modernity than had ever before occurred in England, though it still differs from the modernity of other countries. Max Reger's Suite is in a truly Romantic style, yet it is old fashioned in ways that differ not only from Wagner or Strauss, but also from English music of the period. In my last recital I wished to pay homage to Tertis, with a program consisting entirely of music written for him. For the finale, Arthur Bliss's Viola Sonata was especially chosen because it provides interesting similarities and contrasts with earlier English music in the Romantic style.

Selected Piano Works by Schumann, Liszt, and Brahms Incorporating or Based on Pre-existing Music

This dissertation shows how Schumann, Liszt and Brahms composed piano works based in a variety of ways on other music that already existed. My idea to do this project came through my fascination with Brahms’s Variations on a Theme by Paganini, which was the first piece selected. Brahms composed six sets of variations for solo piano, and I also chose Variations and Fugue on a Theme by Handel. Besides the variations, I included Brahms’s Ballade in D minor, Op. 10 No. 1, based on the Scottish ballad “Edward”. This piece demonstrates that Brahms applied pre-existing music not only in the form of variations, but also in other genres. Among Romantic composers, Schumann and Liszt are two others besides Brahms whose music frequently quotes pre-existing materials. In Schumann’s output, the inspiration from Clara Wieck is significant. The best examples may be the Impromptus Op. 5 and the third movement of the Grand Sonata No. 3, Op. 14, in which Schumann quotes the music by Clara Wieck as the theme of the variations and in the other movements as well to unify the entire piece. In addition, Schumann quotes the old German folk song “Grossvater Tanz” (Grandfather Dance) in the finale of Papillons. The same tune also appears in Carnaval for a programmatic purpose. These two pieces are a clear illustration that Schumann applies pre-existing music, and in addition they represent the spirit of literary reference. Liszt is well known for his superb transformations of other composers’ works into glorious piano compositions. Liszt drew his inspirations from different genres, including both vocal and instrumental music. His ability to turn earlier musical materials into virtuosic solo piano pieces that demonstrate his brilliance in creating imaginative keyboard sounds is remarkable. Among those pieces composed by Liszt, terms such paraphrase, reminiscence, or fantasy frequently appear as titles. I selected two such pieces: Rigoletto: Paraphrase de concert, S. 434 and Rondeau fantastique sur un thème espagnol, S. 252. In addition, Liszt also uses variation form to explore the possibilities of pre-existing themes. The piece I chose to represent this is Variations on the Theme “Weinen, Klagen, Sorgen, Zagen” and Crucifixus from the Mass in B minor by J.S Bach, S.180. This dissertation comprises three piano recitals that were performed in 2010 and 2011 in Ulrich Recital Hall and Gildenhorn Recital Hall of the Clarice Smith Performing Arts Center of the University of Maryland. The recordings are documented on compact discs that are housed within the University of Maryland Library System.

Guidance on interviewing child witnesses in Scotland

The guidance was commissioned from Dr Amina Memon and Lynn Hulse at Aberdeen University. Their work was overseen by a steering group with representatives from the Scottish Executive Justice Department, the Crown Office and Procurator Fiscal Service, NCH Scotland, the Association of Chief Police Officers in Scotland, the Association of Directors of Social Work, the Law Society for Scotland, the Scottish Association of Community Child Health and the Scottish Children’s Reporter Administration. A full list of those involved is given in the Appendix C. pt. 1. Guidance on interviewing child witnesses in Scotland -- pt. 2. Guidance on the questioning of children in court -- pt. 3. Lord Justice-General's memorandum on child witnesses: appendix to Guidance on the questioning of children in court -- pt. 4. Guidance on child witness court familiarisation visits -- pt. 5. Information about child, young and vulnerable adult witnesses to inform decision-making in the legal process: good practice guide -- pt. 6. Code of practice to facilitate the provision of therapeutic support to child witnesses in court proceedings -- pt. 7. Guidance on the conduct of identity parades with child witnesses.

Peat, pine stumps and people: interactions behind climate, vegetation change and human activity in wetland archaeology at Loch Farlary, Northern Scotland

First paragraph: In 1993, a peat-cutter, Bruce Field, working on the blanket peat bank he rented from the Sutherland Estate by Loch Farlary, above Golspie in Sutherland (fig 1), reported to Scottish Natural Heritage and Historic Scotland several pieces of pine wood bearing axe marks. Their depth in the peat suggested the cut marks to be prehistoric. This paper summarizes the work undertaken to understand the age and archaeological significance of this find (see also Tipping et al 2001 in press). The pine trees were initially thought to be part of a population that flourished briefly across northern Scotland in the middle of the Holocene period from c 4800 cal BP (Huntley, Daniell & Allen 1997). The subsequent collapse across northernmost Scotland of this population, the pine decline, at around 4200-4000 cal BP is unexplained: climate change has been widely assumed (Dubois & Ferguson 1985; Bridge, Haggart & Lowe 1990; Gear & Huntley 1991) but anthropogenic activity has not been disproved (Birks 1975; Bennett 1995). It was hypothesized that the Farlary find would allow for the first time the direct link between human woodland clearance and the Early Bronze Age pine decline.

Impact of human activities on benthic biotopes and species

Executive Summary 1. The Marine Life Information Network (MarLIN) has been developed since 1998. Defra funding has supported a core part of its work, the Biology and Sensitivity Key Information Sub-programme. This report relates to Biology and Sensitivity work for the period 2001-2004. 2. MarLIN Biology and Sensitivity research takes information on the biology of species to identify the likely effects of changing environmental conditions linked to human activities on those species. In turn, species that are key functional, key structural, dominant, or characteristic in a biotope (the habitat and its associated species) are used to identify biotope sensitivity. Results are displayed over the World Wide Web and can be accessed via a range of search tools that make the information of relevance to environmental management. 3. The first Defra contract enabled the development of criteria and methods of research, database storage methods and the research of a wide range of species. A contract from English Nature and Scottish Natural Heritage enabled biotopes relevant to marine SACs to be researched. 4. Defra funding in 2001-2004 has especially enabled recent developments to be targeted for research. Those developments included the identification of threatened and declining species by the OSPAR Biodiversity Committee, the development of a new approach to defining sensitivity (part of the Review of Marine Nature Conservation), and the opportunity to use Geographical Information Systems (GIS) more effectively to link survey data to MarLIN assessments of sensitivity. 5. The MarLIN database has been developed to provide a resource to 'pick-and-mix' information depending on the questions being asked. Using GIS, survey data that provides locations for species and biotopes has been linked to information researched by MarLIN to map the likely sensitivity of an area to a specified factor. Projects undertaken for the Irish Sea pilot (marine landscapes), in collaboration with CEFAS (fishing impacts) and with the Countryside Council for Wales (oil spill response) have demonstrated the application of MarLIN information linked to survey data in answering, through maps, questions about likely impacts of human activities on seabed ecosystems. 6. GIS applications that use MarLIN sensitivity information give meaningful results when linked to localized and detailed survey information (lists of species and biotopes as point source or mapped extents). However, broad landscape units require further interpretation. 7. A new mapping tool (SEABED map) has been developed to display data on species distributions and survey data according to search terms that might be used by an environmental manager. 8. MarLIN outputs are best viewed on the Web site where the most up-to-date information from live databases is available. The MarLIN Web site receives about 1600 visits a day. 9. The MarLIN approach to assessing sensitivity and its application to environmental management were presented in papers at three international conferences during the current contract and a 'touchstone' paper is to be published in the peer-reviewed journal Hydrobiologia. The utility of MarLIN information for environmental managers, amongst other sorts of information, has been described in an article in Marine Pollution Bulletin. 10. MarLIN information is being used to inform the identification of potential indicator species for implementation of the Water Framework Directive including initiatives by ICES. 11. Non-Defra funding streams are supporting the updating of reviews and increasing the amount of peer review undertaken; both of which are important to the maintenance of the resource. However, whilst MarLIN information is sufficiently wide ranging to be used in an 'operational' way for marine environmental protection and management, new initiatives and the new biotopes classification have introduced additional species and biotopes that will need to be researched in the future. 12. By the end of the contract, the Biology and Sensitivity Key Information database contained full Key Information reviews on 152 priority species and 117 priority biotopes, together with basic information on 412 species; a total of 564 marine benthic species.

Seasonal shelf-sea front mapping using satellite ocean colour and temperature to support development of a marine protected area network

Front detection and aggregation techniques were applied to 300m resolution MERIS satellite ocean colour data for the first time, to describe frequently occurring shelf-sea fronts near to the Scottish coast. Medium resolution (1km) thermal and colour data have previously been used to analyse the distribution of surface fronts, though these cannot capture smaller frontal zones or those in close proximity to the coast, particularly where the coastline is convoluted. Seasonal frequent front maps, derived from both chlorophyll and SST data, revealed a number of key frontal zones, a subset of which were based on new insights into the sediment and plankton dynamics provided exclusively by the higher-resolution chlorophyll fronts. The methodology is described for applying colour and thermal front data to the task of identifying zones of ecological importance that could assist the process of defining marine protected areas. Each key frontal zone is analysed to describe its spatial and temporal extent and variability, and possible mechanisms. It is hoped that these tools can provide guidance on the dynamic habitats of marine fauna towards aspects of marine spatial planning and conservation.

Contents, Preface and Explanation

THE Hull Bulletins of Marine Ecology are reports on investigations carried out by the Department of Oceanography in University College Hull. The researches were carried out in close co-operation with the Ministry of Agriculture and Fisheries and the Fisheries Division, Scottish Home Department (previously Fishery Board for Scotland). The papers of the present volume are just a beginning, a first attempt at showing how the changing plankton can be studied over wide areas, just as the changing weather conditions can be studied, with the passage of time.

Seasonal shelf-sea front mapping using satellite ocean colour and temperature to support development of a marine protected area network

Front detection and aggregation techniques were applied to 300m resolution MERIS satellite ocean colour data for the first time, to describe frequently occurring shelf-sea fronts near to the Scottish coast. Medium resolution (1km) thermal and colour data have previously been used to analyse the distribution of surface fronts, though these cannot capture smaller frontal zones or those in close proximity to the coast, particularly where the coastline is convoluted. Seasonal frequent front maps, derived from both chlorophyll and SST data, revealed a number of key frontal zones, a subset of which were based on new insights into the sediment and plankton dynamics provided exclusively by the higher-resolution chlorophyll fronts. The methodology is described for applying colour and thermal front data to the task of identifying zones of ecological importance that could assist the process of defining marine protected areas. Each key frontal zone is analysed to describe its spatial and temporal extent and variability, and possible mechanisms. It is hoped that these tools can provide guidance on the dynamic habitats of marine fauna towards aspects of marine spatial planning and conservation.

Satellite monitoring of harmful algal blooms (HABs) to protect the aquaculture industry

Harmful algal blooms (HABs) can cause sudden and considerable losses to fish farms, for example 500,000 salmon during one bloom in Shetland, and also present a threat to human health. Early warning allows the industry to take protective measures. PML's satellite monitoring of HABs is now funded by the Scottish aquaculture industry. The service involves processing EO ocean colour data from NASA and ESA in near-real time, and applying novel techniques for discriminating certain harmful blooms from harmless algae. Within the AQUA-USERS project we are extending this capability to further HAB species within several European countries.

Identifying species and ecosystem sensitivities.

Executive Summary The programme of work was commissioned in September 1998 to supply information to underpin the UK’s commitments to protection and conservation of the ecosystems and biodiversity of the marine environment under the 1992 OSPAR Convention on the Protection of the Marine Environment of the North East Atlantic. The programme also provided support for the implementation of the Biodiversity Convention and the EU Habitats Directive. The MarLIN programme initiated a new approach to assessing sensitivity and recoverability characteristics of seabed species and biotopes based on structures (such as the seabed biotopes classification) and criteria (such as for assessing rarity and defining ‘sensitivity’) developed since 1997. It also developed tools to disseminate the information on the Internet. The species researched were those that were listed in conventions and directives, included in Biodiversity Action Plans, or were nationally rare or scarce. In addition, species were researched if they maintained community composition or structure and/or provided a distinctive habitat or were special to or especially abundant in a particular situation or biotope At its conclusion in August 2001, the work carried out under the contract with DETR/DEFRA had: · Developed protocols, criteria and structures for identifying ‘sensitivity’ and ‘recoverability’, which were tested by a programme management group. · Developed a database to hold research data on biology and sensitivity of species and biotopes. · Defined the link between human activities and the environmental factors likely to be affected by those activities. · Developed a user-friendly Web site to access information from the database, on the sensitivity and recoverability characteristics of over 100 species and basic information on over 200 species. Additionally, the project team have: · Brought together and facilitated discussion between current developers and users of electronic resources for environmental management, protection and education in the conference ‘Using Marine Biological Information in the Electronic Age’ (19-21 July 1999). · Contributed to the development of Ecological Quality Objectives for the North Sea (Scheveningen, 11- 3 September 1999 and subsequent papers). · Provided detailed information on species as a supplement to the National Biodiversity Network Gateway demonstration www.searchnbn.net. · Developed a peer-reviewed approach to electronic publication of updateable information. · Promoted the contract results and the MarLIN approach to the support of marine environmental management and protection at European research fora and, through the web site, internationally. The information available through the Web site is now being used by consultants and Government agencies. The DEFRA contract has been of critical importance in establishing the Marine Life Information Network (MarLIN) programme and has encouraged support from other organisations. Other related work in the MarLIN programme is on-going, especially to identify sensitivity of biotopes to support management of SACs (contract from English Nature in collaboration with Scottish Natural Heritage), to access data sources (in collaboration with the National Biodiversity Network) and to establish volunteer recording schemes for marine life. The results of the programme are best viewed on the Web site (www.marlin.ac.uk). Three reports have been produced during the project. A final report detailing the work undertaken, a brochure ‘Identifying the sensitivity of seabed ecosystems’ and a CD-ROM describing the programme and demonstrating the Web site have been delivered as final products in addition to the Web site.