Mr Beattie asked the Minister of Justice for an update on the operational capacity of the Police Ombudsman’s office following reports that the ombudsman is on extended absence due to illness.

The office has advised that there will be no significant operational impact on the office's capacity as a result of the Police Ombudsman's absence. The ombudsman has delegated her powers to the senior director of investigations, pursuant to paragraph 9 of schedule 3 to the Police (Northern Ireland) Act 1998.

I thank the Minister for her answer. I am sure that we can all agree that the Police Ombudsman is a critical role, and we want to make sure that we safeguard the position. Was a risk assessment conducted of whether the ombudsman should exercise the powers of her office while apparently under criminal investigation? If so, by whom? Was her security vetting reviewed?

It would be inappropriate for me to comment on the specifics of the case to which the Member refers. First, it is a personnel matter, and, secondly, it relates to an ongoing police investigation. I therefore have nothing to add to my original comment.

Will the Minister confirm that all directors and senior officials are currently in place and at work, even if the ombudsman herself is not?

The ombudsman's office has been undertaking an appointment process to replace the chief executive and has identified a candidate for the role who has not yet started in post.

What does the ombudsman's absence mean for capacity? I presume that, since the legacy legislation came in, there is a backlog of reports and investigations that have been completed. Will the absence of the ombudsman affect the release of those reports?

There is a legal duty on the ombudsman's office, which I mentioned during questions, to comply with requests from the Independent Commission for Reconciliation and Information Recovery, and the office will continue to do that. It has advised us that there will be no significant operational impact on the office's capacity due to the Police Ombudsman's absence due to illness. If that changes, I will expect the Department to be duly informed.

As the ombudsman is appointed by the First Minister and deputy First Minister, can you please outline what discussions have taken place between the Department of Justice and the Executive Office on the issue?

The ombudsman herself is a corporation sole, in that she is entirely independent and is appointed by the Executive Office. The office of the ombudsman has an oversight function from the ombudsman herself but also, in respect of its accountability and sponsor branch responsibilities, to the Department of Justice, I have kept the Executive Office updated on developments over recent months and am writing to it again today in light of the recent illness of the ombudsman to keep it informed. Any decision in relation to the future of the current ombudsman is a matter for the Executive Office and not the Department of Justice.

I acknowledge that there is a confidentiality issue around the private matters of a public servant in this case, and I acknowledge that there is a division of labour between your Department and the Executive Office, but, should the case develop over the summer, will MLAs be urgently communicated with should the status of the ombudsman change or any other development occur?

Our commitment will be to keep Members apprised as is appropriate in the current situation. There are legally complex matters at play, as well as personal matters, and it is important that we respect the privacy but also the process that is under way at the moment.

With the West Midlands investigation stalled by the proclaimed illness of the ombudsman, surely it is untenable for the office to continue rudderless, with no ombudsman and no chief executive. Does the ombudsman not need to step aside?

Whether the ombudsman chooses to step aside or not is, in the first instance, a matter for the ombudsman and, in the second instance, a matter for the Executive Office and the First Minister and deputy First Minister. With respect to the investigation, I am not sure what briefing the Member has had, but I am not aware that the investigation has been stalled. Moreover, it is important that, while there is a live investigation, people say less rather than more in respect of it.

I thank the Minister for confirming the recruitment in respect of the vacancy of the chief executive's office. Can she confirm that all other director and senior management posts in the ombudsman's office are currently filled and operational in the absence of the ombudsman?

At this stage, I have been briefed only on the new chief executive role, because that is the new role that is being brought to bear. The ombudsman had taken forward a process to recruit a new chief executive, and that has now been completed. It is a matter now for the ombudsman to run the office. In her absence due to illness, that is being done by a delegation of her powers to the senior director of investigations.

For clarification, the ombudsman is on sick leave and is currently under investigation. The chief executive is currently absent, and a recruitment process has been started. The person responsible for the chief executive's post has been delegated to it. Who gave the authority for someone to be delegated to such a senior position? Where is the oversight of the ombudsman's department? There seems to be no oversight at all.

To correct the Member, I said that the ombudsman is now on extended absence due to illness. I said that the recruitment of a new chief executive had concluded, not started, and the ombudsman delegated her powers to the senior director of investigations pursuant to paragraph 9 of schedule 3 to the Police (Northern Ireland) Act 1998, which she has the power to do.

That brings to a conclusion questions to the Minister. Members may take their ease while we change the top Table.

(Mr Deputy Speaker [Dr Aiken] in the Chair)