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Update on the ‘Declarable Associations’ policy
In response to the Chief Commissioner’s decision to revise and reintroduce Instruction 01/08 (“Declarable Associations”), The Police Association has corresponded with the Chief Commissioner to address your concerns relating to the invasion of your privacy and the disproportionate breaches of protected human rights occasioned by the policy. Furthermore, the Association has submitted a formal written complaint to the Ombudsman seeking an investigation into whether Instruction 01/08 is incompatible with the Charter of Human Rights and Responsibilities Act 2006 (“the Charter”) or whether the Chief Commissioner has acted unlawfully within the meaning of Section 38 of the Charter in failing to give proper consideration to relevant human rights. The Ombudsman has specific power and jurisdiction to investigate whether any administrative action is incompatible with the human rights set out in the Charter. The Police Association’s formal complaint to the Ombudsman was submitted in early August, however, despite follow-up inquiries, we are yet to be informed as to the outcome of the Ombudsman’s investigation. In view of our complaint to the Ombudsman, the Association requested that the Chief Commissioner delay the implementation of Instruction 01/08 until such time as the Ombudsman has completed his investigation. Regrettably, the Chief Commissioner has not agreed to defer the implementation. The Association remains of the view that Instruction 01/08 constitutes a disproportionate intrusion upon the privacy and protected human rights of members. The justification advanced in support of the policy is, in our opinion, a case of “using a sledgehammer to crack a walnut”. The Association remains concerned that Instruction 01/08 may expose members and their associates to disproportionate breaches of protected human rights and that the policy is incompatible and in breach of the Charter. The Association has given consideration to pursuing legal proceedings, however, such action will require specific members to declare personal and private matters to a Court in order to establish the breach of their privacy and other Charter rights. Court proceedings will inevitably attract considerable publicity. Such proceedings will be likely to expose members and their families to considerable personal distress if they are required to air their concerns in such a public forum. It is ironic and obviously undesirable for our members to be placed in a situation where they will be required to disclose the very information that we have fought hard to protect. While the Association maintains the view that Instruction 01/08 is vague, ambiguous and open to conflicting interpretations, it is a mandatory requirement of the policy that members must complete and submit a “Declarable Associations Instruction Acknowledgement Form” and, where required, an “Association Assessment Report” by 31 October 2008. Any breach of the policy will be referred to Regions or Departments for discussion with ESD. A failure by members to comply with Instruction 01/08 will expose individuals to disciplinary action; action that the Police Association believes should not be taken in light of the clear concerns surrounding this policy. However, in order to avoid such action being taken against you, our legal advice states that you should ensure that you complete and submit the relevant forms by 31 October 2008. The Police Association remains committed to closely monitoring the management of the “Declarable Associations” policy to ensure that your privacy and protected human rights are respected and preserved. We encourage you to immediately contact us should you believe that management initiatives imposed upon you in response to the implementation of Instruction 01/08 unreasonably compromise your privacy, your Charter rights or the rights of your family and friends. We will represent any and all Association members in appropriate circumstances and will advise members of the outcome of the Ombudsman’s inquiries as soon as they are conveyed to us.
Secretary Designate |
24 October
