Supreme Court ruling will impact PSNI approach to searches, Policing Board told

A Supreme Court ruling on gender will impact the PSNI’s approach to searches, Deputy Chief Constable Bobby Singleton has said.

Mr Singleton told the Policing Board that the force had set up a working group to examine the impact of the landmark ruling.

The Supreme Court found in April that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

Northern Ireland is governed by its own equality laws, and the relevant provisions of the Equality Act do not apply in the region.

The Supreme Court ruling is nevertheless expected to influence public policy decisions in Northern Ireland.

The Equality Commission is preparing guidance on the ruling’s potential implications for the region.

Mr Singleton was asked what implications the ruling would have on the PSNI by DUP board member Keith Buchanan.

The Deputy Chief Constable said all police forces in the UK were considering its impact.

He said: “In terms of the operational impacts, it will certainly impact in terms of how we approach strip search, stop and search, in addition to many other aspects of PSNI policy in regards to gender determination.

“We aren’t alone in having to grapple with the findings of the Supreme Court.”

Mr Singleton said a National Police Chiefs’ Council co-ordination group had been established as well as a PSNI working group headed by Assistant Chief Constable Anthony McNally.

He added: “Anthony is assessing the cross-cutting impacts of this for PSNI and will help us develop any required adjustments to our policies and processes.

“That will replicate the national work which is broadly falling under four headings around search guidance, toilets and single-sex facilities, wider implications for policing and engagement and communication.

“Internal considerations around shared spaces, estates and other procedures impacted are being considered by that working group.”

Mr Singleton said: “We know the Equality Commission in Northern Ireland are also involved in helping us seek some further direction in terms of the impacts for policing.”

Mr Buchanan said: “The ruling by the Supreme Court was a victory for common sense.

“The ruling restored clarity in law and reaffirmed the importance of sex-based protections.

“This is something that is vital across all our public services, not least policing.”

He added: “It is imperative that the PSNI fully get to grips with the implication of this ruling and make any changes required to its procedures to safeguard officers, staff and suspects alike.

“This will be particularly relevant to areas like strip searching and stop and search.

“It is also important that the police service expedite this work to ensure compliance with the ruling.

“I am pleased that a working group has been established to this end.

“It should not be the case that the PSNI wait on advice from the Equality Commission before acting.”