Question
Following the decision of the PSNI Senior Executive Team not to participate, or allow uniformed Officers to participate in the Belfast Pride 2023 Parade, can the Chief Constable clarify
(i) the rationale which led to this decision and how factors considered differed from previous years when participation happened;
(ii) the duration of time taken and the number of meetings held to reach this decision and;
(iii) the reasoning behind making a public announcement of this decision in the one working day between a holiday period and the weekend, one week following a full Policing Board meeting though around two months from the next scheduled meeting when this decision might be discussed and scrutinised?
Answer
Please see our response in relation to each of your specific questions below:
Rationale which led to this decision and how factors considered differed from previous years when participation happened
The Police Service of Northern Ireland revisited our 2017 decision following this year’s request from our LGBTQ+ Network, which was received on the 26th of June 2023. A fresh examination of the decision was necessary owing to ongoing work to ensure that, as both an employer and a public body, we are consistent and fair in our decision making around all requests from officers and staff to participate in events. Work has been ongoing since late last year on the development of a revised framework to ensure consistency of approach with a draft framework having been shared for consultation with our staff associations and networks.
The LGBTQ+ Network, who were aware of the ongoing consultation on a framework for participation, had sought clarity from the Executive Team in an e-mail sent on the 22nd of June 2023 following what they described as ‘rumours’ that a decision had already been taken not to grant permission.
The Network were clear with the Executive Team that the reason they had not raised a request prior to this date was that they had been told that the Chief Constable’s view was that a request would not be required as this was now a ‘business as usual decision’.
The considerations for the Service Executive Team are set out in the attached presentation (available on request) but were principally focused on the following areas -
- Articles 8, 9, 10, 11 & 14 Human Rights Act.
- Independent Commission on Policing for Northern Ireland (Patten Report 15.15 page 89).
- Schedule 1, regulation 6 Police Service of Northern Ireland Regulations 2005.
- Police Service of Northern Ireland Off Duty Standards Service Procedure.
- Section 75 of the Northern Ireland Act 1998.
- Police (Northern Ireland) Act 2000.
- Section 31a (Core Policing Principles).
- Section 38 (Oath of Attestation).
- Section 52 Police Service Code of Ethics.
The rationale for our decision was as follows -
Ultimately as a public body we were required to balance the competing interests of different groups, including those of our employees. In carrying out that balancing exercise the PSNI must act lawfully under the applicable legislation and police policies, and be European Convention on Human Rights (ECHR) compliant. By considering the request against the relevant statutory provisions that govern policing including, and in particular, the Code of Ethics, the requirement of impartiality was not readily reconciled.
When that consideration was extended to include the objective ECHR rights of counter-protestors and other potential sections of the community that reconciliation was further impacted.
It was decided that officers and staff were still permitted to participate as long as their participation was compliant with the Off Duty Standards Service Procedure i.e. they did not make reference to their role as a police officer or purport to represent the Service.
Ultimately to ensure objective impartiality and to respect the rights of other people in the community, insofar as that refusal interfered with the Officer’s ECHR rights, such interference was deemed to be no more than necessary to meet our legitimate aims and statutory obligations.
The duration of time taken and the number of meetings held to reach this decision
As above, the LGBTQ+ Network formally requested permission to participate in this year’s Belfast Pride parade at a meeting with members of the Service Executive Team on Monday the 26th June 2023.
Prior to a decision being made there were four meetings held between the Service Executive Team between Monday the 26th of June 2023 and Friday the 14th of July during which the request to participate in this year’s Pride parade in uniform was discussed and the implications of the aforementioned legislation and policy upon this considered. Legal advice was also sought and provided. It is worth noting that these meetings took place during what is, of course, an exceptionally busy period for policing.
During this three week period the Service Executive Team undertook two in person engagement meetings with representatives of the Police Service of Northern Ireland LGBTQ+ Network on Monday the 26th of June 2023 and Friday the 7th of July 2023 to ensure they could voice their concerns prior to any final decision being reached.
As well as this internal engagement the issue of Pride participation had also been discussed at both a REAL listening event with representatives of the LGBTQIA+ community on the 28th of February 2023 (the PSNI LGBT+ were invited but did not attend) and at a Cultural Awareness Session with PRIDE organisers on the 22nd of June 2023. The significance and impact of any decision was understood and is reflected in the considerations set out in slides 11 and 12 of the attached presentation.
The reasoning behind making a public announcement of this decision in the one working day between a holiday period and the weekend, one week following a full Policing Board meeting though around two months from the next scheduled meeting when this decision might be discussed and scrutinised?
The last meeting of the Northern Ireland Policing Board was on Thursday the 6th of July 2023 - 8 working days after the Network’s request. No decision had been taken at this point. This was explained to the board on the day, when the issue was raised with the executive team.
The primary factor in the timing of our announcement was our LGBTQ+ Network’s request (made during their final engagement on the 7th of July 2023) a day after the Policing Board that their members be given the courtesy of sufficient notice of a decision before Belfast Pride on the 29th of July 2023. Despite the holiday period and its associated policing demand the executive team reached a decision on the morning of the 14th of July 2023 – two weeks before the event. This decision was communicated, first in person by the Chief Constable to the Network’s chair before notice was given to the service, our partners, the community and finally the media.
This timing also allowed time for a further Gold meeting to discuss, amongst other matters, how, as a service, we could appropriately participate in Belfast and other Pride events this summer. This was important to demonstrate that the service was absolutely not stepping back from working with or supporting the community. Again an invitation was extended and accepted by representatives from our LGBTQ+ Network.
In terms of scrutiny, as you will be aware in response to concerns raised by yourself and others, Assistant Chief Constable Singleton (Gold Commander for Pride events) held an engagement event at Newforge on Wednesday the 2nd of August 2023 at which he set out, in full, the basis and rationale for the police decision using the attached presentation and sought to address concerns of elected representatives and members of the community.
John Blair - Alliance