Governance Board - Terms of Reference

Governance Board Terms of Reference

The Terms of Reference that follow for ‘Operation Kenova’ include the following cases:

I. Operation Kenova – the investigation into the alleged agent Stakeknife and any others involved in criminal offences associated with the alleged agent;
II. Operation Mizzenmast – the investigation into the death of Jean Smyth-Campbell;
III. Operation Turma – the investigation into the murder of RUC officers Sean Quinn, Paul Hamilton and Alan McCloy; and
IV. Operation Denton – the overarching review of the activities of the Glenanne Gang.

The Strategy for Operation Kenova is:

To provide an effective, efficient and independent investigation that seeks to be Article 2 ECHR compliant into those matters set out in the Operation Kenova Terms of Reference. The investigation or reviews being conducted will apply transparency with a focus upon and due consideration towards the victims and families of the offences being examined. The investigations will apply an equal and fair approach towards all those that are to be engaged with, treating everyone with courtesy and respect.

The Vision for Operation Kenova is:

To be trusted by victims and their families. To establish the truth of what happened. To gain the confidence of the communities and stakeholders. To be unwavering in the search for the truth with each agency, department, political party, other organisation or individual that/who might seek to prevent the truth from being established.

Role of the Governance Board

The role of the Board is to oversee the stewardship, accountability and leadership of Operation Kenova, providing clear-sighted counsel on the strategic direction, policies and independence of Kenova, ensuring alignment to the Kenova strategy and vision to achieve Article 2 European Convention of Human Rights (ECHR) compliance. The Board will not have a role in examining the investigations or reviews conducted by Kenova; this is the domain of the Independent Steering Group (ISG). The Board is responsible for ensuring the ISG is able to function and complete its role.

To ensure that it secures the long-term success of Operation Kenova, the Board will focus on the following:

1. Ensure that Operation Kenova has an appropriate strategy that is consistent with the public interest and oversee the delivery of the strategy by the Executive Members of the Board;
2. Ensure that appropriate standards are set and adhered to in all of the business associated with Operation Kenova;
3. Ensure that all activity undertaken within Operation Kenova meets its obligations to victims and their families through a victim focused approach;
4. Oversee good financial and cultural governance including setting the tone for the entire workforce on culture and ethics; and
5. Provision of guidance to achieve Article 2 ECHR compliance

Ethical Leadership

1. Members of the Board will be exemplars of the Values for Operation Kenova, acting with integrity, fairness and in the interest of the families affected by the period of the Troubles in Northern Ireland.
2. The Board collectively promotes ethical leadership by asking challenging questions to ensure standards are maintained at all times. The Board sets the tone, from the top, on the conduct and ethics of Operation Kenova. The code of ethics of the College of Policing will apply to Kenova staff.

How the Board Works

1. In providing constructive challenge to the Chair and the Executive members, the Board’s Non-Executive members will examine issues and recommend solutions that are in the best interests of the victims, survivors and their families in accordance with the Values and Standards set for Operation Kenova.
2. Members of the Kenova executive will lead the investigations of specific legacy cases.
3. The investigative thoroughness of those cases will be scrutinised by the international and well-established Kenova Independent Steering Group. The high-level progress of those cases will be reported to the Governance Board.
4. The Kenova executive members will lead specific business functions and will report upon these to the Governance Board.
5. Together the executive members and non-executive members will ensure good governance, compliance with Article 2 of the European Convention of Human Rights (ECHR), the commissioning of independent review processes and the delivery of robust business functions across Operation Kenova.

The Governance Board will have access to any reports commissioned to examine the functions of Kenova and will hold the chair to account for the delivery of subsequent recommendations.

Composition and Membership of the Board

The Board shall comprise of Executive Members, as follows:

1. Officer in Overall Charge (OIOC) of Operation Kenova – Sir Iain Livingstone (former Chief Constable Police Scotland)
2. Senior Investigating Officer – Keith Surtees (former A/Commander Metropolitan Police)
3. Senior Investigating Officer – Liam O’Brien (former A/Assistant Chief Constable West Midlands Police)
4. Assistant Chief Officer Business Functions – Phil Wells (Bedfordshire Police)

Non-Executive Members elected by the Officer in Charge of Operation Kenova

1. Chair - Sir Iain Livingstone – (OIOC)
2. Reverend Harold Good
3. Professor Monica McWilliams
4. Bertha McDougall
5. Father Martin Magill
6. Sir John Chilcot (deceased)

The Board will meet a minimum of 4 times a year (in person, except in cases of significant exception whereby these will be run virtually). Other Members of Operation Kenova as well as independent persons, as determined by the Chair, can be invited to attend the meetings.

Quorum
A quorum would be made up of a minimum of two thirds of the Board members, at least three of whom must be non-executive members and one of whom must be the Chair.

Board Resolutions

1. The Board, where necessary, will reach decisions by a simple majority and where the numbers voting for and against are equal, the overriding decision will be that of the Chair.
   Where a Member of the Board finds themselves with a conflict of interest, they shall immediately declare this to the Chair.
   All decisions of the Board and Minutes of the meetings will be made available on the Kenova website.

Exceptions

1. The Governance Board will not examine the specific lines of enquiry in the cases undertaken by Operation Kenova. That function will remain the core responsibility of the international and well-established Independent Steering Group (ISG).
2. The Victim Focus Group (VFG) will continue to operate in its existing capacity with any issues or reports from this group placed before the Governance Board.

Northern Ireland Policing Board

The Officer in Overall Charge of Kenova remains accountable to the Northern Ireland Policing Board (NIPB) for the conduct of those matters falling under his responsibility. If requested, the OIOC will attend and brief NIPB accountability meetings as necessary.

Terms of Engagement

Non-executive board members will not receive a salary or remuneration for attending meetings. All travel and accommodation costs to attend meetings will be reimbursed.