Question
1. To ask the Chief Constable to confirm the number and rank of PSNI officers who work full-time out of MI5 offices at Palace Barracks Holywood further to the arrangements under “Annex E” of the St. Andrews Agreement, the number and rank of PSNI officers who work full-time out of other PSNI offices further to “Annex E” and the number and rank of PSNI officers (if any) who work out of other MI5 offices further to “Annex E”?
2. To ask the Chief Constable to confirm the number of PSNI civilian staff (if any) who work full-time out of MI5 offices at Palace Barracks Holywood further to the arrangements under “Annex E” of the St. Andrews Agreement, the number of PSNI civilian staff (if any) who work full-time out of other PSNI offices further to “Annex E” and the number of PSNI civilian staff officers (if any) who work out of other MI5 offices further to “Annex E”?
3. To ask the Chief Constable, further to principle 4 of Annex E of the St. Andrews Agreement that the PSNI will continue to run “the great majority of national security CHIS”, if the contents of handling protocols in relation to CHIS recruited by MI5 are in all regards as with those run by the PSNI?
Answer
The matters raised engage both policing, which is a devolved justice function, and national security, which is an excepted matter under Schedule 2 to the Northern Ireland Act 1998. Annex E to the St Andrews Agreement concerns future national security arrangements in Northern Ireland. It provides for integrated working between the Police Service of Northern Ireland and the Security Service, while making clear that the Security Service has lead responsibility for national-security intelligence and that national security is an excepted matter.
The Police Service remains accountable for its policing functions through the established Northern Ireland policing accountability arrangements. Matters concerning the Security Service’s activities, staffing, premises and direct operational arrangements fall within the United Kingdom national-security framework.
1. To ask the Chief Constable to confirm the number and rank of PSNI officers who work full-time out of MI5 offices at Palace Barracks Holywood further to the arrangements under “Annex E” of the St. Andrews Agreement, the number and rank of PSNI officers who work full-time out of other PSNI offices further to “Annex E” and the number and rank of PSNI officers (if any) who work out of other MI5 offices further to “Annex E”?
The Chief Constable cannot provide the number, rank or working location of Police Service of Northern Ireland officers working under national security arrangements with the Security Service, whether at Palace Barracks, Holywood, or elsewhere.
The release of this information could disclose operational capability, deployment patterns and the nature of integrated working arrangements. It could thereby prejudice national security, the prevention or detection of crime and the safety of personnel.
Annex E provides that Police Service officers may be co-located with Security Service personnel and may undertake a range of roles. However, the location, scale and composition of those arrangements are operationally sensitive national security matters.
2. To ask the Chief Constable to confirm the number of PSNI civilian staff (if any) who work full-time out of MI5 offices at Palace Barracks Holywood further to the arrangements under “Annex E” of the St. Andrews Agreement, the number of PSNI civilian staff (if any) who work full-time out of other PSNI offices further to “Annex E” and the number of PSNI civilian staff officers (if any) who work out of other MI5 offices further to “Annex E”?
The Chief Constable cannot provide the number or working location of Police Service civilian staff working under national-security arrangements with the Security Service. For the reasons set out in response to Question 1, disclosure could reveal sensitive operational capacity and deployment arrangements and could prejudice national security and the safety of personnel.
3. To ask the Chief Constable, further to principle 4 of Annex E of the St. Andrews Agreement that the PSNI will continue to run “the great majority of national security CHIS”, if the contents of handling protocols in relation to CHIS recruited by MI5 are in all regards as with those run by the PSNI?
Annex E states that the great majority of national-security Covert Human Intelligence Sources in Northern Ireland will continue to be run by Police Service officers under existing police handling protocols. It also states that the Security Service will directly run a small number of agents where this is appropriate.
Annex E further states that the principles observed by the Police Service and the Security Service in running agents are the same and are enshrined in the Regulation of Investigatory Powers Act 2000.
It would not be appropriate to confirm whether the detailed handling protocols for sources run by the Security Service are identical in every respect to those used by the Police Service. The content and application of such protocols are operationally sensitive national-security matters.
The Police Service’s ability to comply with its obligations under the Human Rights Act 1998 is not diminished by the arrangements in Annex E. Police Service officers remain accountable to the Chief Constable and subject to the established police oversight arrangements.
The Police Service regularly engages with the Northern Ireland Policing Board’s Human Rights Adviser to provide the Board with appropriate assurance regarding compliance with our human rights obligations in respect of these arrangements, consistent with the need to protect operationally sensitive national security information.
Colin McGrath MLA - SDLP