23 July 2002

High Court upholds 50-50 police recruitment policy

An 18-year-old Protestant who challenged the PSNI's 50-50 recruitment procedure as discrimination has seen his application turned down at the High Court in Belfast today.

Mark Parsons, from Bangor, began his legal challenge against the Chief Constable after he was refused a training place last September despite passing the entrance requirements. Mr Parsons contended that he was being penalised on the basis of his religion as Catholic candidates, who may not have performed as well, were granted places. Therefore, his legal team argued, the PSNI's decision was not made on the merit of the application and amounted to discrimination.

In upholding the process of recruiting equally from both Protestant and Catholic communities – as contained in the Patten Report and Good Friday Agreement – Mr Justice Kerr said it was "undeniable" that there was a "need to correct the imbalance" in the police service's religious make up.

"It cannot seriously be disputed that a police force should be representative of the community that it services," Mr Justice Kerr said.

When the RUC was reconstituted as the PSNI in November, 92% of its officers were Protestant.

Mr Parsons's legal team directed their arguments against a clause in the Police Act (NI) 2000 on the basis that it conflicts with Article 9 and 14 of the European Convention on Human Rights (ECHR). These ECHR articles secure an individual's right to freedom of religion without discrimination.

Mark Parsons's father said after the verdict: "It is clear that Catholics had lower scores than Mark but due to the political situation here they got in.

"We don't agree with any discrimination against any community but we are disappointed with the judgement."

The family said that they would be consulting with their lawyers before making a decision on how to proceed, if at all.

Alliance leader David Ford said: "Northern Ireland urgently needs to see a high level of recruitment of new, well-qualified officers, serving the entire community. Our greatest need is to see more 'bobbies on the beat', not worry about whether they are Protestants or Catholics. It would be extremely damaging if potential recruits fail to take up their jobs because the desire to preserve a sectional balance means that recruitment is slower than it should be.

He added: "I suspect this case has the potential to drag on for years before this law is declared illegal under the ECHR. It would be far better for the government to address the problem now."

(GMcG)