2007 Comprehensive Spending Review DSOs

DSOs

1

For DSO 1, indicator 1 "the devolution of policing and justice", the APR notes that this has been delayed by a political impasse (p 23). However in the foreword, the Secretary of State for Northern Ireland states that

"an agreement [was] announced on 17 November by the First and deputy First ministers on the process to facilitate the devolution of policing and justice powers to the Northern Ireland Assembly. This agreement also brought to an end several months of political impasse which had prevented meetings of the Northern Ireland Executive".

What is the impact of the agreement announced on 17 November on who has responsibility for the DSOs and PSAs related to policing and justice?

Answer

The agreement announced on 18 November by the First Minister and deputy First Minister was a significant step and set out a process which, when completed, would see the devolution of policing and justice in Northern Ireland.

As part of that process, they proposed initial arrangements for the Ministerial oversight of a justice department. They also proposed that, on devolution, responsibilities relating to the appointment of judicial office holders should transfer to the Northern Ireland Judicial Appointments Commission.

The Northern Ireland Act 2009 received Royal Assent on 12 March. It paves the way for that process to take effect by making a number of changes to the Northern Ireland Act 1998, the Judicature (NI) Act 1978 and the Justice (NI) Act 2002.

Devolution will not take place, however, until the Assembly makes the necessary request and a series of Orders transferring legislative competence and executive functions has been considered and affirmed by both Houses of Parliament, in accordance with the process set out in section 4 of the Northern Ireland Act 1998.

Until that time, responsibility for the DSOs and PSAs relating to policing and justice will remain with the NIO.

On devolution, both the future NIO and the new Northern Ireland Department of Justice will have to develop new DSOs and PSAs reflecting the division of responsibilities post-devolution.

For DSO 1, the APR notes an improvement in the indicator "an approach to the past capable of commanding cross-community support" even though the priority action "report of the Consultative Group on the Past to be completed in summer 2008" has not been achieved (p 23). The APR notes that "the Group's final report is expected later this year". Why does the NIO judge that there has been an improvement in this indicator 'an approach to the past capable of commanding cross-community support' when the priority action has not been achieved?

Answer

While the report of the Consultative Group on the Past was not launched until January 2009, the additional time taken reflected the extensive public consultation undertaken by the Group. The Group met with over 100 organisations and held seven public meetings. The number of meetings held is a reflection of the level of interest in this issue within Northern Ireland society. Although the report of the Consultative Group had not been launched at the time of the NIO's 2008 Autumn Performance Report, this evidence of considerable public engagement with the work of the Group was considered to be a positive sign. The significant debate that took place when their report was launched, particularly regarding the proposal to make recognition payments to the relatives of those killed during the Troubles, demonstrates that the legacy of the past remains a very sensitive subject. Nevertheless, discussion of these difficult issues is important as we strive to achieve an approach to the past capable of commanding cross-community support.

3

The APR notes that for DSO2 based on performance during the first half of the year, the Northern Ireland Prison Service expects to achieve all the priority actions in three out of four key performance indicators, including meeting its cost per prisoner place target for the year (p 26). Which indicator is the NIO not on track to meet its priority actions? What is the NIO doing to improve its performance in this area?

Answer

At the end of the first half of the year (April - Sept), the Northern Ireland Prison Service indicator relating Secure Custody i.e. no more than 3 escapes per 1000 Category B, C or D prisoners was potentially in doubt due to three escapes; in April a Category B prisoner escaped custody while at an outside hospital and a young offender escaped from prison officers while being escorted from the Court Room at Downpatrick. In August a prisoner escaped from Prison Officers while at Larne Court. All three were subsequently returned to custody within a few hours. This target is now back on track, there having been no further escapes.

Investigations have been carried out into all escapes and a number of recommendations made are being implemented.

The Prison Service Performance and Standards Unit conduct security inspections in NI Court Houses from a NIPS perspective of security and risk management.

Additionally a further joint review by the Court Service and the Prison Service commenced in May 2008. This includes reviewing standards in custody areas across the court estate. The Court Service is committed to continuously reviewing court estate security and engages with Prison Service officials to agree enhancements, where Court Service resources permit.

The Court Service is developing a Court Estate Strategy which will consider the long term suitability of venues and their capacity to continue to meet business and legislative demands. Court Service resources are constrained and the availability of capital resource will determine the scale of this programme.

4

For the third indicator within DSO 2: 'safety and prisoner health', the Department has the priority actions: ' the number of staff assaulted by prisoners is less than a ratio of 3 per 100 prisoners'; ' the numbers of prisoners assaulted by prisoners is less than a ratio of 4 per 100 prisoners'. The APR shows that in the first 6 months of the year, a total of 10 staff have been assaulted by prisoners (0.7%) which is less than a ratio of 1 per 100 prisoners and that a total of 5 prisoners have been assaulted by prisoners (0.3%) which again is less than a ratio of 1 per 100 prisoners (p 26). The achievements appear to be well below the targets. On what basis were the targets set? Has consideration been given to making the targets more ambitious?

Answer

The assault targets were set nearer to the creation of Agency status for the three UK Prison Services, and at a time when Treasury placed a premium on comparability. The key performance indicators were agreed as part of the quinquennial review.

In light of the Committee's comments, the Prison Service has reviewed the assault targets and the performance against these over the past five years. The Minister has agreed amended targets for the 2009/10 Business Plan period. The Service's eleven key targets and development objectives for 2009/10 will be published in the Corporate and Business Plan 2009/12 in April.

5

For DSO 3: "To deliver an independent, fair and effective criminal justice system which supports and protects the community", the APR notes that "of the seven key performance indicators associated with this DSO: one shows strong progress, three show some progress and the remaining three are in the not yet assessed category" (p 27). Can you provide us with a breakdown showing which indicators show 'strong progress', which show 'some progress' and which are in the not yet assessed category?

Answer

Based on the data available when the Autumn Performance Report was compiled, the following assessments were made:

· Time taken to trial in Crown, Magistrates' and Youth Court cases - strong progress.

· Levels of anti-social behaviour incidents - some progress.

· Monitor acquisitive crimes - some progress.

· Improved range of options for the judiciary (sentencing review) - some progress.

· Levels of overall/serious reoffending - not yet assessed.

· Confidence in the fairness and effectiveness of the criminal justice system - not yet assessed.

· Victim and witness satisfaction - not yet assessed.

6

The Committee notes that for the indicator, 'monitor acquisitive crime' within DSO 3, "domestic burglaries for the period April to August have risen by 8% compared with the same period last year, though theft of/from vehicles have reduced by 9% in the same period" (p 27). What is the view on why domestic burglaries have risen by 8% compared to the same period last year? What is the NIO doing to combat this increase?

Answer

While the increase at August 2008 was 8% compared to the previous year, by 3 March 2009 this increase had reduced to 5.9%. For the period April 2007 to 3 March 2008 the domestic burglary figures were 6071, whereas, for the same period in 2008 - 09 the figures had risen to 6429.

The PSNI is organised across eight Districts and on the basis of the recorded crime figures, two Districts show a reduction and six show an increase in domestic burglary. Over the period April 2008 to 3 March 2009 one District in Belfast accounted for 62% of the increase while two other rural districts account for another 34% of this increase.

If, however we compare April 2008 to September 2008 with October to December 2008, there are some notable variations, including:

· Between April and September all four Rural Districts experienced an increase in the level of domestic burglary - ranging from 7% to 30%. Three of the four Urban districts saw decreases.

· Between October and December all four Urban Districts saw increases ranging from 10% to 51%. One Urban District accounts for 27% of the total increase in domestic burglary incidents in this quarter. Two Rural Districts had decreases.

The main factors identified as contributing to this 5.9% increase are:

· Increase in burglaries in houses of multiple occupancy (e.g. student accommodation) when more than one room is burgled (and under Home Office accounting rules each burgled room counts as a separate burglary).

· The high percentage of homes with doors and windows being left open or unlocked.

· Significant number of burglaries carried out by opportunist individuals who find doors and windows left unlocked.

· Many of the items stolen are small in nature, they are easily hidden (e.g. wallets, purses, handbags, laptops and cameras) and easily disposable. Sheds are also being targeted for power tools.

· The current financial and economic climate is recognised as a potential factor in the increase.

· In towns and villages in rural areas, where houses may be isolated and farmhouse doors are left open, and there is ease of access to main arterial roads. These are contributory factors for some Belfast based criminals.

· Some rural crimes are perpetrated by offenders from Southern Ireland.

· In addition to these factors, there are three other points worthy of note and these are:

· Seasonal burglaries in holiday homes and caravans have been an increasing problem in some areas;

· Distraction burglaries continue to present some problems, and

· Known prolific offenders are targeted - subjected to increased bail checks.

Response to 'what is the NIO doing to combat this increase':

The NIO works in partnership with a range of organisations, including the PSNI to try to combat this issue of domestic burglary.

There are a number of initiatives in place to tackle this issue, including:

· Regional media campaigns that deliver specific messages to target audiences; in 2008 the NIO, together with the PSNI and the NI Policing Board, launched the media campaign "Close It Lock It Check It". This built on previous campaigns aimed at home security.

· Working with Department of Social Development and the Department of Regional Development to implement design standards that address crime; co-operation has been secured to two approaches to promoting Crime Prevention through Environmental Design: (a) all new and refurbished social housing projects must be completed to ACPO 'Secured by Design' standards or DSD grants are not paid to developers; and (b) the PSNI is working with the Department for Regional Development, to develop a framework for assessing all planning applications for new developments, including commercial, to ensure crime prevention / community safety issues are taken into account at the outset.

· A campaign targeting students who live in houses of multiple occupancy; in September 2008, the PSNI in partnership with the NIO Community Safety Unit and the Students Union launched Campus Watch. This provided students with a range of crime prevention advice, including information on how to reduce the risk of domestic burglary.

· Two regional campaigns that target householders who might be subjected to a distraction burglary, a bogus caller or unknown caller; In October the PSNI in conjunction with NTL and Fold Telecare launched Quickcheck, a freephone number which provides a secure method of identifying callers to houses and gaining police help if this caller is suspicious. In addition to this PSNI scheme the NIO, working in partnership with Help the Aged and a number of other organisations, regularly promotes, via a television campaign, how to respond to an unexpected caller at the door.

· An initiative called Handyvan targeting older people who require improved home security. To improve the provision of good quality home security measures, the NIO Community Safety Unit also support Help the Aged with a Handyvan scheme in the Greater Belfast area (this initiative now extends beyond Belfast). This provides a free service to those eligible.

· Free crime prevention advice by PSNI crime prevention officers.

· The PSNI also promote property marking schemes including, Red Web, Smart Water and Datatag.

PSNI specific initiatives

In addition there are a number of local PSNI initiatives being implemented on an area, district or regional basis, such as:

· Regular meetings between PSNI and An Garda Síochána officers who police the border regions. A number of cross border operations have been implemented.

· Op Heartbreak is an Urban Region initiative focused on reducing domestic burglary, improving the detection rate and co-ordinating district activity by targeting offenders as well as the hotspot areas. The Operation has been in place since January 2009 and the operation has led to a total of 97 arrests, including 55 for burglary charges.

· Heartbreak Assist, is a further series of operations following on from Heartbreak. It is again focused in Urban Regions and directly involves two neighbouring Rural Regions - (as operations may displace criminals and the crime).  

7

For DSO 4: "To work with PSNI and other policing partners to deliver effective and accountable policing services that can secure the confidence of the whole community, the APR (p 29) notes that "of the seven key performance indicators associated with this DSO: one shows strong progress, three show some progress and the remaining three are in the not yet assessed category". Can you provide us with a breakdown showing which indicators show 'strong progress', which show 'some progress' and which are in the not yet assessed category? On what basis have you assessed this DSO objective as having "strong progress", when only two out of the seven indicators appear to be showing strong progress?

Answer

Breakdown of the Key Performance Indicators' for DSO 4:

· A strategic vision for policing - some progress.

· Revised policing structures and numbers - no progress.

· A more representative police force - strong progress.

· Parading/public order strategy implemented - strong progress.

· Levels of more serious violent crime - no progress.

· A reduction in the impact of organised crime - not yet assessed.

· Increased public confidence in policing -some progress.

Guidance for completing the Autumn Performance Report indicates that where there is 50% or more improvement across the Key Performance Indicators, the progress should be rated as "strong". For DSO 4, there has been some progress in four of the seven indicators; therefore the overall assessment is strong progress.

8

With regard to the indicator within DSO 4 'a strategic vision for policing', it was agreed that a strategic vision was not appropriate given the proximity to devolution and the target was adjusted to set a strategic framework that would help set the context for developing a long term vision within the devolved setting by end of December 2008 (p 29). Has the strategic vision now been set? What will the priority action for the indicator now entail?

Answer

The strategic framework will consist of information, processes and structures which will enable the preparation of a strategic vision for policing following devolution. It is not the NIO's intention to set a strategic vision prior to devolution.

Key elements of the framework include a robust tripartite relationship between the PSNI, Policing Board and NIO; the existing strategic priorities for Northern Ireland as set out in the Policing Plan and the Secretary of State's long term objectives for policing; analysis of the strategic direction being taken forward in other jurisdictions; and the principal factors affecting policing in Northern Ireland in the coming years.

Priority actions for the Department in this year include the preparation of new Framework Documents for the PSNI and Policing Board for devolution; a review of key processes that support the tripartite relationship; and further research into factors affecting policing in the future.

9

The APR notes that "as at 11 September 2008, Catholic representation within PSNI Regular Officers stood at 25.04% against a target of 25.5% composition by 31 March 2009" and that "3194 recruits have been selected for appointment under the temporary recruitment provisions" (p 30). Does the 25.04% statistic include the recruits taken under the temporary recruitment provisions? What do the temporary recruitment provisions entail?

Answer

The 25.04% statistic includes officers appointed before November 2001 and those appointed since the introduction of the temporary 50:50 recruitment provisions.

The temporary provisions are:

Sections 44(5) to (7), 45 and 46 of the Police (Northern Ireland) Act 2000;

Article 40A of the Race Relations (Northern Ireland) Order 1997; and

Article 71A of the Fair Employment and Treatment (Northern Ireland) Order 1998.

With the exception of section 45 of the 2000 Act, the temporary provisions give effect to the 50:50 recruitment arrangements for police trainees and police support staff.  Section 45 provides for the appointment to the PSNI of external candidates at the ranks of sergeant and above i.e. lateral entry.

Under the 50:50 recruitment arrangements, applicants who meet the qualifying standard for appointment as police trainees are placed in a merit pool.  The Chief Constable, in accordance with The Police (Northern Ireland) Act 2000, then appoints an even number of persons from the pool, one half of whom " shall be persons who are treated as Roman Catholic; and one half shall be persons who are not so treated".

The same provisions apply for appointment as police support staff where there are 6 or more posts of similar nature and level to be filled at about the same time.

The provisions are temporary in that they will expire on 28 March 2010, unless renewed by the Secretary of State, either in their entirety or in part.  The 2000 Act does not provide for the provisions to be amended.

PSAs

10

For PSA Outcome 1 Indicator 1: 'Increase public confidence in the criminal justice system' the APR notes that the baseline could not be formulated because a question on confidence in the fairness of the criminal justice system was not included for fieldwork for the second half of the 2007-08 Northern Ireland Crime Survey. The APR notes that the baseline data will be available in March 2009. Given that the baseline data will only be available in March 2009, when will the NIO be in a position to make its first assessment of the indicator?

Answer

The NIO will make its first assessment of PSA Outcome 1 Indicator 1: 'Increase public confidence in the criminal justice system' in June 2009. It will continue to assess progress on a quarterly, rolling 12-month basis until June 2011, when the final out-turns for confidence in the fairness and effectiveness of the criminal justice system become available.

11

The APR reports that within PSA Outcome 1, there has been slippage in performance of the indicator "time taken to trial in Magistrates' Court case" against the previous financial year. Average days required at first appearance during Q1 2008-09 was 181 days compared with 174 days during 2007-08 and the milestone set for end 2008-09 of 171 days. What factors underlie the increase in the time taken to trial in Magistrate Courts from 174 days during 2007-08 to 181 days in 2008-09? What is the NIO doing to reduce the time taken?

Answer

A key contributor to the time taken to trial has been the inclusion of additional jurisdictional data, reflecting the final stage of the roll-out of the Public Prosecution Service in taking over all police prosecutions. These data included some historic, longstanding cases which have had a negative impact on the overall magistrates' courts adult summons cases figures. While these are more complex cases, as they are disposed of it is expected that this should positively reflect on performance.

Another significant influence on time taken in summons-related cases is in relation to a small number of cases (approximately 20%), where service of summons is unsuccessful on the first occasion and multiple attempts are required to achieve service. While there will always be some such cases, an inter-agency group is addressing a range of summons reform issues aimed at making processes more effective and at speeding them up. Meanwhile the piloting of an Early First Hearing Initiative, currently operating across 25% of the NI court jurisdiction, aims to increase the use of charge as opposed to summons in appropriate cases. While these initiatives involve cultural as well as administrative changes (and some will need legislation), Ministers are actively involved in the identification and prioritisation of actions and, with the Criminal Justice Board, in giving robust direction and support.

12

The APR reports that with PSA Outcome 2, data for the 5 month period ending 31 August 2008 show that at 701 offences, the level of serious violence recorded by the police is 12% higher than during the same period in the 2007-08 baseline year (626) (p 44). The increase relates mainly to wounding offences. What are the reasons underlying the increase? What is the NIO doing to help the police combat this increase?

Answer

Reasons underlying the increase

The volume of woundings is increasing, but the profile of the crimes remains the same. The Police are seeking to identify the reasons underlying the increase. Despite detailed analysis, statisticians are unable to pinpoint any particular factor to explain the rising trend. The increase is spread evenly across Northern Ireland and the proportion of domestic violence, alcohol related and knife related woundings remains constant, with a general increase across the board. Statisticians remain certain that there has been no change to the way in which serious violent crime is recorded in Northern Ireland.

What is the NIO doing to help police combat this increase?

The PSNI believe that alcohol continues to be a significant factor behind a large proportion of these crimes and a significant proportion of incidents may be categorised as domestic violence. The PSNI is already linked closely into the work underway to tackle these issues by Government departments, industry groups and community organisations. The lead on alcohol policy and domestic violence policy is with the DHSSPS in Northern Ireland.

The NIO liaise with DHSSPS, the Policing Board and PSNI at a policy level. Work is ongoing to ensure that the existing strategies to tackle alcohol-related crime and domestic violence are pulling in the same direction.

13

This second indicator in PSA Outcome 2 "level of harm caused by crime" appears quite complex (p 45). First it has been divided into five priority areas and then some priority areas have been further divided into two parts. A lot of the priority areas appear to be not yet assessed. Has the NIO given any consideration to simplifying this indicator?

Answer

The key performance indicator is multi-layered to reflect the difficulties associated with measuring harm caused by Organised Crime. Priority areas 1 and 2 provide a focus in terms of developing a baseline, methodology and target for harm reduction.  The supporting text outlines how we propose to take this work forward.  However, in view of the complexities, both in terms of defining and measuring harm caused, it has proved difficult both in NI and GB to develop meaningful indicators.  Work in this area is ongoing and consideration will be given to simplifying this indicator.  

Turning to Priority area 3, a Northern Ireland Assets Recovery Action Plan for 2008/10 (see attached link) was published in July 2008.

http://www.octf.gov.uk/index.cfm/section/publications/page/publicationList/viewArchives/true/month/Jul/year/2008

The outcome in terms of the recovery of assets (Priority area 4) will be published in the Organised Crime Task Force Annual Report in June 2009.

14

The APR reports that consideration is currently been given to the suitability of the indicator "levels of police engagement with people in local communities" (p 50). What reservations does the NIO have about this indicator? On what basis will it make the decision as to whether or not to include it?

Answer

It is not that reservations existed about the suitability of this indicator per se but rather following guidance from Treasury that, where possible, NIO should mirror Home Office targets. Time was taken to consider if questions (a) and (b) below should both be included as a measurement tool and, if so, whether we should report on our target using two separate figures or a composite figure.

How much would you agree or disagree that the police and other agencies, including district councils:

(a) seek people's views about the anti-social behaviour and crime issues that matter in this area?

(b) are dealing with the anti-social behaviour and crime issues that matter in this area?

The Home Office have recently decided that question (b) should be the single top-down target for the police in England and Wales.

The NIO felt that to mirror the Home Office directly and only use question (b) as a measurement tool would prevent the full picture of engagement in Northern Ireland from being captured. As a result of historical issues in Northern Ireland, community engagement in relation to policing issues has always been a priority and received a lot of attention from Government and statutory agencies. In particular, we have a formal engagement mechanism in place i.e. District Policing Partnerships (DPPs) which have the potential to deliver significant public engagement with policing.

In November 2008 we obtained Ministerial approval to use both questions to measure the level of police engagement with local people and to report against the PSA using a composite figure. In addition to measuring engagement, by including question (b) as part of our measurement tool it will be possible to compare results in Northern Ireland with those for England and Wales.

2004 Spending Review

15

For target 3, part 2 "reducing the rate of reconviction", the 2008 Departmental Report noted that "for the 2004 offender cohort there was a 15.3% reduction in the reconviction rate against the predicted level". The 2008 APR notes that for 2005 offender cohort there was only a 6.8% reduction in the reconviction rate against the predicted level (p 18). The NIO has still exceeded its target. Why is the gap between the reconviction rate and the predicted rate much larger for the 2004 cohort than for the 2005 cohort? Does this signify an increase in the reconviction rate from 2004 to 2005?

Answer

The reconviction target does not track all offenders in 2004, but instead looks at a cohort made up of offenders who commenced a community disposal or were discharged from prison.  Predicted reconviction rates are an estimate of the percentage of the cohort who are likely to re-offend and be convicted within a two year period, having controlled for changes in offender characteristics.  Actual reconviction rates are the percentage of offenders who are subsequently convicted in court, for any offence, within two years of their baseline in 2004.  Statistical modelling of the criminological characteristics of offenders contained in the 2004 cohort predicted a reconviction rate of 45.4%.  The actual reconviction rate at the end of the two year follow-up period was 38.5%.  This represents a reduction in reconviction of 15.3% compared with the predicted rate.

The corresponding figures for the 2005 cohort were a predicted reconviction rate of 45.9% and an actual reconviction rate of 42.8%, representing a reduction in reconviction of 6.8% compared with the predicted rate.

In both years the target of 5% has been surpassed.

The actual reconviction rates can not be compared between years due to the varying criminological characteristics of each year's cohort of offenders