Police Conduct and David Carrick

Baroness Burt of Solihull Excerpts

Thursday 19th January 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, this is yet another truly shocking and appalling case where a serving police officer has admitted to the most serious and devastating crimes. Of course, we pay tribute to the bravery of the police and that of the victims, but does this not show, once again, appalling failures in the police’s vetting and misconduct processes? Time and again, case after case shows that the current system is not fit for purpose. The consequences are devastating. Allegations of rape or violence against women are not taken seriously by serving police officers when made against another police officer; allegations of domestic abuse are not taken seriously in any vetting process.

In this case, rape allegations were made in 2021 but he was not suspended, despite domestic abuse allegations made two years earlier. A misconduct process concluded that there was no case to answer. A full vetting check was not triggered and his permission to carry firearms was restored. When is this sort of activity going to change? How are the Government going to drive this change, not only in practice but in culture? Most shockingly of all, this happened at the height of the alarm about Wayne Couzens and the deeply terrible murder of Sarah Everard. Commitments were made then. What has happened? That was supposed to be the turning point. It was not.

Public trust and confidence in our police is everything but it is being undermined, not only for women and victims but for hard-working police officers, including female officers who may have reported misogynistic abuse. It has got to change. We all support the new Metropolitan Police Commissioner’s determination to take action, but it is not only about the Met. Concerns have been raised in Sussex, Hampshire, Derbyshire and Gwent, and by Police Scotland and other forces, about misogyny and culture. We are told of hundreds of investigations in London alone. What assessment have the Government made of the scale of the problem? How many investigations nationally are there? Do they know, and can the Minister tell us?

The Government have announced that they have ordered that the record of every officer is to be vetted. Is this in guidance or is it statutory? What is the timetable? The Home Secretary has said that vetting obligations will be made “stronger and clearer”. Can the Minister explain what this actually means? Does the Minister agree with us that police officers accused of rape or domestic abuse should be immediately suspended? Does he accept that, in doing so, it would bring the police into line with other public sector workers, such as teachers? Does the Minister agree that it is not good enough that such decisions on whether to suspend are currently left to individual forces?

Does the Minister accept that there is no legal, statutory requirement on vetting? Employment history and character references do not have to be checked. The inspectorate has said that hundreds of officers who should have failed vetting are still in the job, including corrupt and predatory officers and those guilty of indecent exposure and domestic abuse. Is it any wonder that the charge rates for rape have dropped to 1.5%? This is a shameful figure, which is down two-thirds in the last seven years.

My father was a Metropolitan Police officer for 30 years, so I know only too well how hard-working so many of them are, but this cannot go on. The Government have to show leadership, and must tell us their plan and use statute, not guidance or exhortation. The Government promised action after the murder of Sarah Everard, after the murders of Bibaa Henry and Nicole Smallman, after the shameful case of child Q, after the shocking Charing Cross reports, and after the Stephen Port inquiry. Across the country, and in London, we have seen far too many cases of misogyny and abuse based on prejudice. What are the Government doing to change it?

Is it not the case that there needs to be a complete overhaul of the vetting, misconduct and standards system? It is time for change. Is it not the case that we are letting down those police officers across the country who are doing excellent work through failures in the system? The time for warm words is over; it is time for action. That action will not happen if vetting remains the Cinderella department, as it was labelled by the head of the College of Policing, with no real resources given to it. It cannot remain a Cinderella department. Our Government—this country’s Government—need to take charge and deliver the change now, not just warm words.

[Baroness Burt of Solihull (LD)]

My Lords, I associate myself with everything that the noble Lord, Lord Coaker, has said. He probably said it a lot better than I could have done. I preface my remarks by saying that the vast majority of police officers, as the noble Lord mentioned, are hard-working, caring, decent and law-abiding. These remarks do not refer to them.

The most galling thing to me is how, again and again, serving police officers feel that they can act with impunity, and even boast about their illegal, corrupt and misogynistic behaviour. Never mind losing the trust of the public, they have lost my trust—something I once believed was unshakeable. But never mind that, our Home Secretary is going to order another review—I am sure that is going to do a fat lot of good.

We have here a caucus of individuals who are out of control, taking the mickey and biting the hand that feeds them. When a police officer believes that they can get away with rape and murder, where do you go from there? With David Carrick, you can add another allegation as well: depravity. Some of the things that he did are too distressing to even talk about. We can improve the vetting, of course, but what is to stop the old rotten culture spreading to the new intake of officers who are coming along? At least the leadership have made a start, by re-examining over 1,600 existing sexual abuse allegations.

We learn that the police are literally a law unto themselves. I was surprised to learn that there are no national rules on vetting, as the noble Lord, Lord Coaker, mentioned, or standards—for example, in recruitment. I ask the Minister why not. Surely a lack of consistency was going to be very unhelpful. The public just see the uniform wherever they are.

Since 2016, getting rid of bad apples has become more and more long-winded and legalistic, with an independent legal chair on misconduct boards. I understand that this is to be reviewed. Perhaps restoring the power of the chief constable to dismiss, with a robust appeals system, is the way to go. Where does the safety of the public figure on the scale of importance? It took 17 years of suffering before the force got rid of Carrick—17 years of missed opportunities, despite his nickname, “Bastard Dave”. Incidentally, Wayne Couzens’ nickname was “the Rapist”.

That brings me to my final point. Plenty of people must have known that Carrick’s behaviour was out of order and out of control, but no colleague for 17 years dobbed him in or reported him, as far as we know. Why did he succeed in escaping justice scot free to wreak even more suffering? In fact, it was worse than that: he was even promoted. It looks to me like cosy, collaborative complicity—a toxic culture protecting its own. That is the core of what needs to change.

Will there be a review of culpability of senior staff, who should have stamped on this laddish, and worse, culture? Unless someone gets a grip to expose all the other Carricks who are out there, how can I and so many other people feel safe with the police service ever again?

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank the noble Lord, Lord Coaker, and the noble Baroness, Lady Burt, for their remarks. I start by echoing my right honourable friend the Home Secretary, who the other day said that this was

“a dark day for British policing and the Metropolitan police, as an officer admitted being responsible for a monstrous campaign of abuse”.—[Official Report, Commons, 17/1/22; col. 179.]

I am sure the whole House will want to join me and the Home Secretary in expressing our deepest sympathy to the victims, but also in thanking them for their courage in coming forward. It is intolerable for them to have suffered as they have. They were manipulated, isolated and subjected to horrific abuse.

We should also acknowledge, as did the noble Baroness, Lady Burt, that, every day, thousands of decent, hard-working police officers perform their duties with the utmost professionalism. It is inevitable that those police officers will feel very let down by the latest offence. I am sure that they too deserve some of our sympathy.

I shall go into the specific questions that have been asked of me, but, of course, I agree with the tone of all the remarks that have been made so far. On vetting, noble Lords may have heard on the radio this morning that the Home Secretary has written to the chief constable of the College of Policing, Andy Marsh. He has been tasked with putting the guidance on vetting on a statutory footing by the end of February—the 2007 guidance is not statutory; it is only that: guidance. Importantly, it is worth reminding the House that HMICFRS published a report on this matter last year. The end of February is a new target. Previously, when this was a set of deadlines that forces had committed to meet, it was to be done by the end of October, so it is a significant, and entirely justified, improvement in timing.

The HMICFRS has also been tasked with re-inspecting all the forces by the end of April. Finally, the National Police Chiefs’ Council will ask all forces to check on to the police national database. The Met is already doing it, and it is obviously overdue that that programme should continue.

The noble Baroness, Lady Burt, asked about the police uplift programme and vetting. Obviously, with such a large increase in officer recruitment, there are concerns about the vetting process, but the Government have ensured that all forces have been supported as they recruit officers and work towards meeting the 20,000 additional officer target—as noble Lords will know, that is well on track. That includes funding to deliver significant improvements to recruitment processes and improve infrastructure. A recent review of vetting capacity carried out by the uplift programme in October 2022 showed that, of the 36 forces that responded, 25 had increased capacity in vetting units between February and October of last year, totalling an additional 185 staff in those units—an increase of 33%.

Both noble Lords referred to the dismissals process. Last week, I answered a Question on this—coincidentally, I had a letter in preparation for the noble Lord, Lord Campbell-Savours, who asked it, because the terms of reference for that review were published yesterday. That review will look into whether the current system is fair and effective at removing officers who are not fit to serve in the police. It will include looking at the composition of misconduct panels, including the role of legally qualified chairs just referred to by the noble Baroness, Lady Burt, any trends in the use of misconduct sanctions, and consistency of decision-making in cases of sexual misconduct and other violence against women and girls. The Government expect the review to be completed in approximately four months. I imagine that I will be asked why we need another review, but it is important to stress that we have to look carefully at the evidence to ensure that any change to the system is effective. I agree that it needs to happen urgently, but I think four months is a very reasonable timeframe in which to conduct this work.

The questions on the culture of policing are obviously extremely important. There is no doubt that there is a huge amount of work not only for the Met but for the wider policing community to restore and rebuild trust and confidence among the general public, particularly among women and girls. I know that some important work is being done. For example, my right honourable friend the Home Secretary visited the force in Kent. In her opinion, it is leading from the front; it has instituted a whole raft of operational measures to support victims of serious offences and rape, and I hope that we hear more about that soon. Noble Lords will also be aware that both the Angiolini inquiry—the terms of reference for part 2 of which were published either today or yesterday; I cannot remember which, I am afraid—and the Casey review continue to look at this issue. Part 2 of the Angiolini inquiry will look specifically into the culture around Carrick.

The noble Lord, Lord Coaker, asked me whether all officers who have a sexual or violent allegation made against them should be suspended. There is no place in policing for officers who perpetrate such crimes—that goes without saying—so all allegations should be dealt with robustly. We believe it important that forces have the option to suspend officers while they investigate such incredibly serious allegations, but they must remain as operational decisions which must continue to be taken by chief officers, having given full consideration to all the circumstances. I believe there are good reasons for that.

The noble Lord asked me about statistics, especially annualised statistics on police misconduct. For allegations that commenced after 1 February 2020, which were finalised in the year 2021-22, 0.6% of all allegations against police officers fell into the category of sexual misconduct. That includes abuse of position for sexual purpose. The Independent Office for Police Conduct publishes data annually on public complaints against the police. In 2020-21, 109 of 109,151 allegations made related to sexual conduct; this accounts for 0.18% of all complaint allegations. The College of Policing publishes annual statistics on those dismissed from the police. In 2020-21, of 257 officers who were dismissed—the statistic was broken down into well over 200 categories; there may be more than one reason for a dismissal—abuse of position for sexual purpose was a factor in 38 of those dismissals. Those are the best statistics I currently have.

I appreciate that time is running on, and I am probably talking far too much. I would like to reiterate that the Government are committed to the safety of the public. I was going to talk at some length about our violence against women and girls strategy, but I do not really have time.

The noble Baroness, Lady Burt, asked about who, effectively, will be the agent of change in the police culture. It would like to commend Sir Mark Rowley, who I spent some time with last week, and his senior team, including Dame Lynne Owens and various others who have been on the news this week talking about these awful subjects. Sir Mark has been in post only since September. He is committed to doing the right thing, and I think that he is utterly sincere in that and the right man for the job. He deserves all our support, so I wish him well and hope that he manages to complete his task with extreme speed.