The DUP’s Trevor Clarke said Mr Byrne’s position had become “untenable”
By Jayne McCormack
BBC News NI political correspondent
Simon Byrne has no option but to resign as chief constable of the PSNI, the Democratic Unionist Party (DUP) has said.
Pressure has been mounting on Mr Byrne after a number of recent controversies.
On Tuesday, a court ruled that two junior officers were unlawfully disciplined for an arrest made at a Troubles commemoration event.
The judge said they were disciplined to allay a threat that Sinn Féin could withdraw its support for policing.
In June, the names of 10,000 officers and civilian staff were mistakenly released as part of a response to a Freedom of Information request.
It was one of a number of data breaches involving information about staff.
Low morale within the service has been reported in recent months, with some staff saying they fear for their safety over the breaches.
Credibility
On Wednesday, the DUP’s Trevor Clarke, a member of the Policing Board said Mr Byrne’s position had become untenable.
“It’s clear the officers don’t have confidence and now politicians don’t have confidence and clearly the public won’t have confidence.
“The only option open to Simon is to resign,” he told BBC News NI’s Good Morning Ulster.
“Where a judge has said a chief constable’s prepared to sacrifice his young officers, how can the chief constable or anyone else expect their support or anyone else’s support after that.
“It’s difficult to see any credibility that the chief constable has left.”
Uniformed officers arrested a man at the memorial on Belfast’s Ormeau Road in February 2021
Fresh questions over Mr Byrne’s leadership were raised on Tuesday after a judge ruled that two junior PSNI officers were unlawfully disciplined for an arrest made at a commemoration on Belfast’s Ormeau Road in February 2021.
The event marked a UFF attack at a bookmakers in which five people were killed and nine others were injured.
In February 2021, the annual wreath-laying ceremony at the scene took place amid restrictions on public gatherings due to Covid-19 regulations.
During this, one man who had been shot and injured in the attack was detained on suspicion of disorderly behaviour and put in handcuffs.
He was later released without charge.
Mr Justice Scoffield quashed decisions to suspend one probationary constable and re-position his colleague.
‘Matter for the PSNI’
A Sinn Féin spokesperson said the court’s ruling on the suspension of the officers was a “matter for the PSNI”.
“The arrest of a victim who was shot during the 1992 Sean Graham’s Bookies Massacre at a commemoration was appalling,” they continued.
“Sinn Féin very publicly raised our concerns with the chief constable and senior police officers on the treatment of victims and their families.”
On Tuesday, Mr Justice Scoffield held: “I have been persuaded that the respondent imposed suspension in the first applicant’s case because of the threat (whether real or perceived) that, if it did not do so, republican support for policing would be withdrawn.
“To reach a decision on that basis was in my view unlawful.”
Despite acknowledging the difficult situation in which the PSNI was placed, he concluded that the decision to move the second officer was also influenced by the same threat, real or perceived.
Reacting to the judgement, Mr Byrne said he accepted “there was a legal error in the way in which the public interest test was applied in deciding to suspend one officer and reposition another, rendering the action unlawful”.
He added: “It is important however to clarify that neither officer has been disciplined to date.
“This judgment relates to the decision to suspend one officer and reposition another whilst the Police Ombudsman conducted an investigation following a public complaint.
“We will of course take time to carefully consider the full judgment to ensure any lessons are learnt to prevent any future recurrence.”
Ulster Unionist Party leader Doug Beattie said he could not have confidence in the senior management team of the PSNI and that questions need to be answered on whether there was political interference in the disciplining of the officers, perceived or actual.
“If the answer is that the senior leadership of the PSNI acted on a direct threat from a political party and took action against two of its constables, not just the chief constable, but many within that leadership team, their positions are untenable,” he said.
Traditional Unionist Voice leader Jim Allister had previously called for Mr Byrne to resign.
