The Police Ombudsman has concluded that there was insufficient evidence to recommend disciplinary action against a police officer whose name appeared on a list purporting to include details of 12,000 members of the British National Party.
The list was published on the internet in November 2008, and included names, addresses and other personal information about thousands of people alleged to be members of the far right party.
The Chief Constable asked the Police Ombudsman to investigate whether any offence had been committed when it became clear that the list included personal information relating to a Reserve Constable, who has since left the PSNI.
Police Ombudsman investigators interviewed the officer involved, who denied ever having been a member of the BNP or having ever supported it. The officer accepted that the personal details included on the website were accurate, but could not explain how they came to be there.
Investigators also contacted Dyfed Powys Police in Wales, the force which investigated whether those who disclosed the list had breached Data Protection Legislation.
Dyfed Powys Police said they were unable to confirm the accuracy of the list and advised that they, and other constabularies, had received complaints from people who claimed their details had appeared on the site despite having never been members of the party.
Investigators also found that legislation in Northern Ireland prevents the PSNI from banning officers from being members of specific political parties or organisations.
The Fair Employment and Treatment (Northern Ireland) Order 1998 prevents any person being discriminated against on the grounds of political opinion, and prevents the PSNI from specifying individual parties or organisations its members should not be members of.
However, guidance was issued in 2007 following an intervention by the then Chief Constable, Sir Hugh Orde, who had asked the Secretary of State to introduce legislation to prohibit police officers from being members of the BNP, Combat 18 or the National Front.
While it was not possible to introduce legislation to effect this change, the PSNI did introduce new guidance to its officers which made it clear that the Service did not tolerate "expression of support by police officers for any political party, or political cause that advocates racism, or promotes intolerance, hatred or unlawful discrimination."
The Police Ombudsman has since recommended that that the PSNI ensures that its officers are given clearer guidance on the issue, and informed that disciplinary proceedings will be taken against officers who fail to comply.