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.

State police in a state of change : remaking the entrepreneurial officer

Questions concerning how to govern police practice have never been more pressing or more fluid. This study locates contemporary developments in police accountability techniques within a broader analysis of the historical circumstances shaping the changing techniques for governing police. The recent pluralisation of police accountability pr.ocesses and structures is examined through the application of governmentality studies. Drawing on a comparative analysis of two Australian States the book provides a detailed account of the development of governmental techniques for 'making up' the entrepreneurial officer. While such a governmental project is not implemented unproblematically the book concludes that the attempt to shape the development of the entrepreneurial officer through the managerialisation of governing presents distinct possibilities for a new 'politics of policing' that fosters deliberative and reflective police practice.

Video Activism and the Ambiguities of Counter-Surveillance

This paper examines the use of visual technologies by political activists in protest situations to monitor police conduct. Using interview data with Australian video activists, this paper seeks to understand the motivations, techniques and outcomes of video activism, and its relationship to counter-surveillance and police accountability. Our data also indicated that there have been significant transformations in the organization and deployment of counter-surveillance methods since 2000, when there were large-scale protests against the World Economic Forum meeting in Melbourne accompanied by a coordinated campaign that sought to document police misconduct. The paper identifies and examines two inter-related aspects of this: the act of filming and the process of dissemination of this footage. It is noted that technological changes over the last decade have led to a proliferation of visual recording technologies, particularly mobile phone cameras, which have stimulated a corresponding proliferation of images. Analogous innovations in internet communications have stimulated a coterminous proliferation of potential outlets for images Video footage provides activists with a valuable tool for safety and publicity. Nevertheless, we argue, video activism can have unintended consequences, including exposure to legal risks and the amplification of official surveillance. Activists are also often unable to control the political effects of their footage or the purposes to which it is used. We conclude by assessing the impact that transformations in both protest organization and media technologies might have for counter-surveillance techniques based on visual surveillance.

Corrupción, reforma y realidad. Incidencia de la corrupción publicada por los medios de comunicación en la estructura de la policía nacional de Colombia (1993 – 2012)

El texto analiza el impacto de la corrupción policial presentada por los medios de comunicación desde 1993 hasta el 2012 en la estructura interna de la Policía Nacional de Colombia. En el primer capítulo se plantea un estado del arte del concepto de corrupción policial, asimismo, se incluyen las teorías bajo las cuales se ha entendido el fenómeno a nivel mundial buscando generar soluciones plausibles a un flagelo en el que se ven inmiscuidos una gran cantidad de cuerpos policiales en el mundo. En el segundo apartado, se evalúa de manera cuantitativa cómo los casos de corrupción han modificado la estructura de la Policía Nacional, pero a su vez, cómo éstas modificaciones han sido evanescentes. En el tercer capítulo, se escudriña el impacto y los cambios estructurales desde la perspectiva de los miembros del cuerpo policial, recurriendo a la recolección de datos de manera cualitativa por medio de entrevistas y encuestas. En el cuarto momento se analiza la incidencia de los directores de la policía en la lucha contra la corrupción policial y como se establece una relación entre los subalternos y los mandos medios al momento de realizar este tipo de actividades. Finalmente se plasman las conclusiones a las que se llegó posterior a la realización del trabajo investigativo.

Policing in cool and hot climates: legitimacy, power and the rise and fall of mass stop and search in Scotland

Prior to the amalgamation of Scotland’s eight police forces into Police Scotland in 2013 by the Scottish National Party government, Scottish policing generally enjoyed a ‘cool’ political climate, with low scrutiny and minimal political engagement. This paper argues these conditions hindered the critical interrogation of Scottish policing, allowing a policy of unregulated and unfettered stop and search to flourish unchallenged for two decades. We then show how this policy was swiftly dismantled in the ‘heated’ environment that followed centralization, a move that gave rise to the unprecedented scrutiny of Scottish policing by media and political commentators. The analysis suggests that the legitimacy and reputation of the police may owe a debt to political environments that encourage either ‘soft’ or ‘hard’ analysis. Also, that more heated political environments, often disparaged by academics and criminal justice practitioners, can drive accountability and contribute to more progressive outcomes.

The perennial problem of police gratuities : public concerns, political optics, and an accountability ethos

Despite the perennial nature of the problem of gratuities in considerations of police ethics, many prior analyses of this issue have rested on anecdotal, piecemeal or hypothetical considerations.. This paper draws on a unique sample of actual complaint cases involving gratuities, providing evidence of a range of public concerns about the problem. Gratuities are analysed and contextualised by reference to the concept of conflict of interest, which draws attention to the potential for the performance of public duty to be tainted in fact or appearance. In either case, public trust in the integrity of the police is damaged, giving rise to "political optics" as a key problem with gratuities.  The paper argues that an accountability ethos must be developed to promote active responsibility and a preparedness to prioritise the public interest in policing.

Continuum of police crime : an empirical study of court cases

The great majority of police officers are committed to honourable and competent public service and consistently demonstrate integrity and accountability in carrying out the often difficult, complex and sometimes dangerous, activities involved in policing by consent. However, in every police agency there exists an element of dishonesty, lack of professionalism and criminal behaviour. This article is based on archival research of criminal behaviour in the Norwegian police force. A total of 60 police employees were prosecuted in court because of misconduct and crime from 2005 to 2010. Court cases were coded as two potential predictors of court sentence in terms of imprisonment days, ie, type of deviance and level of deviance. Categories of police crime and levels were organised according to a conceptual framework developed for assessing and managing police deviance. Empirical findings support the hypothesis that as the seriousness of police crime increases in breadth and depth so also does the severity of the court sentence as measured by time in prison.

Historical Dialogue and Memory in Organisational Transition: the case of the Police in Northern Ireland

During Northern Ireland’s transition towards peace the role of the police as an actor in the conflict has been a key point of contention. As such, the reform of policing has been central to conflict transformation. Within this process, the role of dialogue about what policing had been and could be in the future has been vital. Such institutional post violence change processes have been hugely significant in illustrating both organisational resistance to change and the need for transitions to be powerfully manoeuvred through complex, political, organisational and cultural processes (Buchanan and Badham 1999; Pettigrew 2012). The radical and reforming nature of policing transition (Murphy 2013) has been both organisationally challenging (requiring significant transformational leadership, resourcing and external engagement from wider civic society) and politically unusual. Indeed, in a society emerging from violence the NI police are the only public sector organisation to have engaged structurally and culturally in understanding the point at which their core roles intersected with the ‘management’ of the conflict in NI generally. This paper presents an analysis of the role of historical dialogue in organisational change process, using the RUC / PSNI case. It proposes that historical dialogue is not just an external, societal process but also an internal organisational process and as such, has implications for managing institutional change in societies emerging from conflict. In doing so, it builds theoretical links between literature on conflict transformation and that on organisational memory and empirically explores messaging internal to the RUC before and during the four main periods of organisational change (Murphy 2013), with dialogue aimed at an external audience. It offers an analysis of how historical dialogue itself impacts on and is impacted by the organisational realities of change itself.

State police in a state of change: remaking the entrepreneurial officer

We are currently at a point in time in Australia where questions concerning how to govern police have never been more pressing or more fluid. Systemic corruption has been identified in several states; a range of new accountability mechanisms have been established internal and external to police and in Victoria police corruption has been linked with a violent 'gangland war'. This thesis locates these contemporary developments within a broader analysis of the historical circumstances shaping the changing techniques for governing state police. More specifically, this thesis engages in a detailed comparative study of the changing techniques of governing police in Queensland and Victoria. The theoretical tools to conduct this analysis are drawn from 'governmentality studies'. This refers to a broad grouping of theoretical scholarship concerned with the changing ideas - or 'political rationalities' - on how to govern some thing or some activity, and the underlying reasoning, justifications and ambitions contained within the practical tools or 'techniques' used to govern. Central to the thesis is an argument that a new politics of policing has emerged recently, one that extends the dyad of the old accountability - 'police powers' and 'external accountability' - to a pluralisation of accountability processes and structures. The thesis argues that governmentality studies offer new insights into ways of analysing the techniques for governing state police, increasingly shaped by the managerialisation of governing and embodying efforts to make police innovative, risk-taking problems-solvers. This is what I refer to as an open-ended normative project for re-making the entrepreneurial officer. However, a detailed examination of the development of governmental techniques for 'making up' the entrepreneurial officer indicates that such a governmental project is not implemented unproblematically. Nonetheless, the thesis concludes that the attempts to remake the entrepreneurial officer through the managerialisation of governing presents distinct possibilities for a new 'politics of policing' that fosters deliberative, reflective police practice within a new framework of police accountabilities

Simmel, the police form and the limits of democratic policing

© 2015 The Author. I argue that the social theory of Georg Simmel can be used to illustrate certain limitations to the potential of democratic policing. Simmel makes a number of claims about trust, secrecy and accountability that are shown to have immediate relevance to my empirical case study of police-public consultation forums in Edinburgh, Scotland. Two particular aspects of the 'form' of the police-public relationship-the police's command of non-negotiable force and inequality in the reciprocity of information-play a key role in limiting some of the principal aspirations of democratic policing theory. There are permanent barriers to improving the democratic credentials of the police I argue, yet positive and progressive change is still achievable.