‘Confusing’ Covid-19 regulations caused problems for PSNI’s handling of Bobby Storey funeral

Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) said it understood why the PSNI took this approach, given the likelihood of tensions, and because Covid-19 Regulations were confusing.

However, the inspectorate said the PSNI should have explained and encouraged compliance with the Covid-19 Regulations before the funeral took place, because the service had anticipated that breaches would occur on the day.

In its inspection into the PSNI’s handling of the Bobby Storey funeral on June 30, 2020, HMICFRS also found the PSNI took a consistent approach to investigating alleged breaches at similar funerals or events, and concluded that much of the public criticism of the PSNI following the funeral was unwarranted.

After taking independent legal advice, the inspectorate agreed that the Public Prosecution Service (PPS) was right not to prosecute politicians who attended the funeral, because there was no realistic prospect of them being convicted.

Her Majesty’s Inspector of Constabulary Matt Parr said: “The PSNI faced the complex challenge of policing a politically-sensitive funeral while also trying to interpret the confusing Covid-19 Regulations. The service took a sensitive approach, and ultimately achieved what it set out to do – prioritising public security over compliance with the Regulations.

“Due to the complex and frequently changing Covid-19 Regulations, we are not confident that there was enough evidence to prove to a court that any of the attendees at Bobby Storey’s funeral had knowingly committed an offence – and we therefore agree with the decision not to prosecute.

“I am reassured that the PSNI showed no bias in its handling of the funeral, and that the service would have taken the same approach if the funeral was held in a different community. The PSNI does, however, have lessons to learn from its handling of the funeral, and we have therefore made several recommendations to help it improve how it polices events in the future.”

PSNI Chief Constable Simon Byrne said: “The global pandemic has presented insurmountable challenges for policing everywhere. In the context of new and rapidly changing legislation, we have always sought, with the best of intentions, to support our colleagues working in the health sector to protect the community by preventing the spread of the Covid-19 virus.

“We welcome the findings of today’s HMICFRS Inspection report, both in terms of the assurance it provides to the public, and the learning it identifies for the Police Service. We are committed to impartiality and are pleased that the report concludes that there was no bias in our handling of the funeral, and that the same approach would have been taken if the funeral was held within a different community. Furthermore, the HMICFRS report supports the principle of early engagement recommending that this practice continues.

“We are listening and are determined to work with the entire community to enhance confidence in policing as an impartial and even-handed service working hard to protect our citizens.

“There has been a high level of public interest in this matter. Today, we look to the way forward and to working within our oversight and accountability structures to enhance public trust in the Police Service. HMICFRS have made a number of recommendations, which will form part of the broader learning we have taken from policing the pandemic over the last 14 months.”

Following the decision by the PPS not to prosecute 24 individuals reported in connection with attendance at the funeral, Mr Byrne dismissed suggestions that it “entered into any agreements” with the organisers.

He said while they did engage with the organisers, this was only “to fulfil our key responsibility to manage public safety”.

Mr Byrne said the PPS acknowledged that the Coronavirus Regulations had “become extremely difficult to navigate and, in certain respects, inconsistent” and amounted to “an insurmountable hurdle to a successful prosecution”.

The funeral of senior republican Mr Storey was one of the most controversial events to occur during the coronavirus pandemic in Northern Ireland.

More than 1,000 people lined the streets for the funeral procession on June 30, including senior Sinn Fein representatives, despite strict rules limiting public gatherings.

The Police Federation for Northern Ireland (PFNI) says that while there was learning for the PSNI, the Stormont Executive must bear some of the responsibility for events that unfolded around the Bobby Storey funeral.

PFNI chair Mark Lindsay said: “As well as supporting the actions taken by the PSNI, this HMICFRS report is at pains to point out the “confusing” health regulations, which officers were expected to enforce.

“It is acknowledged that these Health Regulations were difficult to interpret. In a situation where there was a glaring lack of clarity, there was an inevitability that it would cause difficulty.

“The Executive must bear some of the responsibility for what happened. The framing of the health regulations was poor. All of which means that ministers cannot absolve themselves or hold a position that they did all they could to give direction and certainty.

“As police officers, we are charged with policing in a very difficult environment and there are recommendations in this report with regard to how PSNI can improve their processes.

“What happened at the funeral contrasted sharply with how other funerals were handled and how mourners should behave. The fall-out has been damaging and the task now is to rebuild trust and relationships.”

Following publication of it report on Monday (May 17), HMICFRS has recommended that the PSNI should:

• Broadly communicate the 4Es approach – engage, explain, encourage and enforce –whenever breaches of the Covid-19 Regulations are anticipated at events;
• Make and retain proper records of conversations with event organisers; and
• Carry out a formal debrief at the end of any policing operations.

The inspectorate also agreed with recommendations made by the Public Prosecution Service, including that the PSNI should engage with event organisers as early as possible to discuss risk assessments, and that the service should identify professional contacts they can engage with to interpret changes in the law that could affect the policing of an event.