The Department of Home Affairs is seeking the public’s views on legislation to establish a new police complaints process on the Isle of Man. The draft Police (Amendment) Bill 2010 is available for public consultation www.gov.im/dha/consultations.gov (under current consultations). Any feedback must be received by the DHA by close of business on Friday December 3. The Bill, once approved, would enable a new complaints process to be established through regulations. They will provide for the appointment of a Police Ombudsman to supervise investigations into complaints against officers. Additionally, it would allow complainants or officers to appeal against the decision of the Ombudsman to a new Police Complaints Appeals Tribunal, appointed by the Appointments Commission. Home Affairs Minister Adrian Earnshaw MHK said: ‘The DHA has listened to concerns expressed in Tynwald and in the community and has drafted primary legislation to enable changes to be made to the present system. Altering primary legislation is a lengthy process and that is the reason for drafting a Bill that will enable regulations to be drawn up to cover the operation of the new complaints process. They can be altered more easily in the future, should the need arise.’ Following the public consultation and making any amendments required, the Minister intends to take the Bill to the House of Keys for first reading as soon as is practicable. Providing it receives approval and once it has received Royal Assent, it is the Department’s intention to make the regulations subject to public consultation also. That is likely to be soon after the General Election in September 2011. The current police complaints process involves an independent Police Complaints Commissioner supervising the investigation of some complaints, which are assigned to an investigating police officer within the IoM Constabulary unless the Commissioner decides to call in an outside police force to investigate. Between 16 and 29 complaints per year have been supervised by the Police Complaints Commissioner in recent years. The current Police Complaints Commissioner is retired local advocate Geoff Karran MBE. More details of his role can be found on the DHA website at www.gov.im/dha/ceo/pcc.xml The key elements of the proposed new police complaints process are: Improving the independence of the process by removing the involvement of the Department in the appointment of the newly named Police Ombudsman; The introduction of a tri monthly audit of informally resolved complaints by the Ombudsman to ensure this process is fair to complainants; Powers to continue investigations against retired officers; Added involvement of the Ombudsman in the right to direct what disciplinary action should be taken against police officers where complaints are substantiated; The right of the complainant to meet with the Ombudsman; The introduction of the right of appeal by the complainant or the police officer/s concerned to a tribunal to consider decisions of the Ombudsman. This is not provided in the UK or other jurisdictions and is a further layer of independence; and- External audit of the process. Anyone who wishes to view the consultation can visit www.gov.im/dha/consultations.gov where all documentation is available. Alternatively, printed copies can be obtained by contacting Tom Bateman, Legislation Manager, at the Department of Home Affairs, telephone 01624 694305. To give your views to the Department write or email by close of business on Friday, December 3, 2010, to Tom Bateman, Legislation Manager, Department of Home Affairs, Homefield, 88 Woodbourne Road, Douglas, Isle of Man IM2 3AP, or via email to dhaconsultation@gov.im. ENDS