Police (Complaints And Conduct) Bill

Debate between Lord Hanson of Flint and Steve Rotheram

Wednesday 5th December 2012 Commons Chamber

[Mr Hanson]

I am grateful to the hon. Gentleman for his intervention, but I think he has missed my point, which is about where the buck stops. This is about the employment terms and conditions of individuals who work in the police service, and if the sanction for not participating in action with the IPCC was dismissal of a police officer, removal of pension or something else under the disciplinary proceedings the Minister has mentioned to me privately, would the chief constable exercise that or could the police and crime commissioner? Would the police and crime commissioner stand aside from the decision or would the chief constable take it alone? I am not trying to complicate matters; I simply want clarity, and this is the time for clarity on the Bill.

If a police and crime commissioner took a different view from the chief constable, where would the buck stop? Is the matter operational? Is it protected, or is it not? That is an important point in achieving clarity, because the Bill is not only about the important matters we are debating on Hillsborough but will be in place for future IPCC investigations until it is amended or repealed. Such investigations might be serious, like Hillsborough, or they might be relatively trivial. I want clarity from the Minister about where the responsibility will lie.

[Steve Rotheram (Liverpool, Walton) (Lab)]

Does my right hon. Friend agree that one of the ways around the point that he raises would be for the Minister to write to individual forces to provide guidance on what he believes would be an appropriate process for forces to follow, should officers refuse to take part in interviews?

[Mr Hanson]

I am grateful to my hon. Friend for that suggestion. The Bill is about giving powers to the IPCC to compel officers to give evidence. If officers do not give evidence because they choose not to do so—in discussions with us, the Police Federation gave examples of circumstances where officers may not wish to do so—the IPCC will not be able to take forward the investigations as it wishes in relation to Hillsborough, which is my hon. Friend’s main concern at present. However, the legislation is in place for all time, until it is repealed.

If there are no sanctions, an officer could retreat into their shell. The sanctions that the Minister outlined to me privately are available to the force, but who takes the decision on such sanctions? Would it be appropriate for a police and crime commissioner to learn about the case from constituents or through representations from the MP and to take decisions? Or is it solely a chief constable matter? I pose those questions for debate.

I share the wish for a strong examination of the point made by the hon. Member for City of Chester, supported by my right hon. and hon. Friends who signed the amendment, because the question of what happens when an officer says no is critical to the effectiveness of the Bill. The Minister needs to give a strong assurance that that issue will not cause difficulties with the Hillsborough investigation or for future investigations into matters of concern yet to arise, involving a particular force in a particular area.

Police (Complaints and Conduct) Bill

Debate between Lord Hanson of Flint and Steve Rotheram

Wednesday 5th December 2012 Commons Chamber

[Mr Hanson]

I hope it can be said that death does not bear a party banner, and that the tragedies faced by many of my constituents and those of other Members throughout the House have led us to take action that will achieve the justice that they seek, the justice that they want, and the justice for which they have fought in the face of the lies that have been perpetuated in the community around them for so many years.

We should recognise that the Bill is one step—albeit a small step—towards our achieving justice for the 96 families, their friends, their relatives, and the many people who were injured on that day; but we should also recognise that that journey towards justice is far from over. As we have heard today, the Attorney-General is considering whether there should be a fresh inquest. We certainly want to see the verdicts of the original inquest crushed, and we want the Director of Public Prosecutions to review as a matter of urgency evidence relating to the important matters that occurred that day. The Independent Police Complaints Commission is, of course, already looking into the conduct of police officers.

The Bill is part of the process of securing justice for the relatives, friends and families, but it is only part of that process. Justice will not be achieved until all the matters to which I have referred have been dealt with to the satisfaction of the families, in line with the Hillsborough panel’s recommendations.

Based on the report, the IPCC wants to look into two potential criminal and misconduct issues. First, it wants to examine the conduct of the police on 15 April 1989, addressing the culpability of the individuals and organisations involved and the safety standards, planning and operational decisions of that day that led to the Hillsborough disaster. Secondly, an equally important, but perhaps even worse, series of incidents is being examined: the evidence suggesting a cover-up in the weeks, months and years after the disaster. Of the 164 statements taken by officers on that day, no fewer than 116 were changed in some way, shape or form. That is deceit on a huge scale and we need to get to the bottom of it for the sake not only of the integrity of the police, but of justice for the 96.

I thank the Home Secretary for having listened to the concerns expressed by the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford about the powers available to the IPCC. It must have the tools it needs to carry out a thorough investigation into both allegations of criminality and misconduct and the events of the day. The families who have campaigned for that—as well as for the inquest, for the quashing of the verdicts and for the Director of Public Prosecutions to review the evidence—demand no less.

My right hon. Friend called in October for the inquiry to have those powers, because she recognises that it must get to the bottom of why so many police statements were altered. Although the IPCC can pursue officers it believes to have committed crimes, it does not at present have powers to compel serving or former officers to be interviewed as witnesses; nor can it compel civilians to give evidence. Those obstacles must be removed, and the Bill achieves that. What consultations did the Minister have with the families prior to the publication of the Bill, and does he intend to have further discussions with representatives of the families in the next few weeks?

As my right hon. Friend the Member for Leicester East (Keith Vaz) has said, the Home Affairs Committee welcomes the Bill. It has also made some helpful comments, and I hope the Minister will reflect on them. It is clear that the IPCC does not have the powers it needs to meet the objectives it has set itself. Indeed, it has informed the Home Affairs Committee that

“where police officers refuse to attend for interview, IPCC investigators can only seek the information they need through the submission of written questions to officers via their solicitors or other representatives. Not only can this seriously undermine public confidence in IPCC investigations, it can also impact on the overall effectiveness and timeliness of investigations.”

Clause 1 will remedy that, and I welcome it.

There is a separate issue. My right hon. Friend the shadow Home Secretary has rightly asked Lord Stevens to address in his independent review for our party whether there should be a new police standards body and to look at the role of the IPCC going forward. That is a debate for another day, but as the Minister has recognised, in the longer term we will need to put in place a strong body to provide the safeguards and standards required to hold the police to account. That will take time, however, and the friends and families of the victims and the communities of Merseyside, Liverpool, my area of north Wales and beyond demand that we have early action. That is why this Bill is before us today.

[Steve Rotheram]

On the need for urgency, does my right hon. Friend agree that the Bill does not inhibit our ability to establish a lead investigator to oversee the myriad current investigations, and that that might help Parliament to understand the need for urgency?

[Mr Hanson]

I am very much on the side of my hon. Friend, and I again want to pay tribute to him and to the impact he has made on these matters since his election in May 2010. He knows the community where he lives and which he represents. He knows that they want to see those matters dealt with urgently, as do all hon. Members; those of us who have bereaved relatives in our constituencies know what that means to them and how they want to see the main important matters that my hon. Friend has brought forward addressed.

Clause 1 will amend the Police Reform Act 2002 to confer witness attendance powers on the Independent Police Complaints Commission. The way in which that will be done is set out in newly published regulations from the Minister, which will adopt a similar approach to that set out in the 2002 Act. Clause 2, on the application of part 2 of the 2002 Act, will deal with questions that the Minister has also mentioned. It will amend the legislation currently preventing the IPCC from investigating any matters previously considered by the Police Complaints Authority. Given that these issues occurred under the PCA’s jurisdiction, it is vital that that bit of the Bill is also put in place.

Later on we will deal with an amendment, but it is important to refer now to the issue at the heart of it. I have pressed the Minister strongly, as have my right hon. Friends the Members for Normanton, Pontefract and Castleford and for Leigh, on the issue of the sanctions in place should an officer fail to attend an interview. Such an officer would indeed be subject to misconduct proceedings, and the Minister has explained to me privately, and has explained to the House today, how he believes those will deal with that issue. I simply say to him that we will be maintaining a strong watching brief, because we may need to revisit the sanctions issue either in Committee or at a later date.

The amendment tabled by the all-party group on the Hillsborough disaster, so ably chaired by my hon. Friend the Member for Wirral South (Alison McGovern), raises that issue. We will have the debate when we deal with the amendment, but it is important that those who refuse to address the needs of the IPCC—if there are such people, and there may not be—face some sanction. The Minister has made it clear to me that that will involve police misconduct proceedings, which could involve dismissal, loss of pension or other issues. The key question is this: is the sanction sufficient? We will test that at a later date.

Discussions also have progressed with my right hon. Friend the shadow Home Secretary and myself on the IPCC’s inability to compel retired officers to attend interviews. The Minister has agreed to look at this matter. He has given an explanation again as to why retired officers should not be eligible to be brought for interview; this was because of the difficulties of legislation and other related matters. In a letter that he sent the shadow Home Secretary on 22 November, which was copied to me, he said:

“As I set out on Monday, we understand the calls to grant a power to compel retired officers to attend interviews, and” —

this is important—

“will consider these in slower time, but do not feel it is appropriate to grant such a wide-ranging power through fast track legislation.”

Will the Minister indicate during this debate what exactly he means by “slower time”? I would like to know with whom he is discussing these issues, when he intends to report back to the House on them, and whether he will explore the issues that we have discussed in respect of human rights legislation and pension confiscation. Will he report back to the House after this fast-track legislation on those matters?

A commitment made by the Minister today—even now, dare I say it—from across the Dispatch Box to report back to this House on those matters would be of great interest. It would be very much welcomed by Members of this House, who are concerned that officers involved in incidents at Hillsborough who have retired will not be subject to criminal proceedings because they are not involved in criminal activity but could give information that is beneficial to a range of other matters relating to the Hillsborough inquiry. I want to know from the Minister, now or later, what he means by “slower time”, because it is important. I would welcome reassurance that those powers are available and will be considered. I will not push him further than that today, but we will revisit the question in due course.

I would also like the Minister to confirm my understanding of the situation with the IPCC’s oversight as it extends to private contractors that provide services to or on behalf of the police. The legislation is put in place for Hillsborough, but also for other events, as my hon. Friend the Member for Bassetlaw (John Mann) mentioned, and for all time until it is changed by future legislation. Will the Minister confirm that police community support officers and those individuals who undertake private contracting for the police force will come under the auspices of the Bill? I know the answer to that question, but I want the Minister to put it on the record in the Chamber before the Bill is passed.

I welcome the fact that the IPCC has suggested that it will be in a position to take witnesses early in the next year. All Members of this House who are involved, both those who represent the city of Sheffield—I am pleased to see my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) in her place—and those who represent constituencies in the north-west would welcome an early conclusion. The Minister has been keen to say that the investigation will be independent, but I would welcome some indication of the time scale within which, once the Bill has been approved, he would expect the IPCC to conclude its consideration of these matters. If he cannot do that today and wants to give it further consideration outside the Chamber, I would welcome it if he could drop a note to Members who speak on the subject on Second Reading. An indication from the IPCC of its intended time scale would certainly be welcome.

I genuinely support the Minister’s Bill, but I would also welcome his comments on correspondence that I have received in the last 24 to 36 hours from bodies representing the police that have considered the Bill post-publication. It worries me, so I ask the Minister to give some consideration to the points it raises. First, I have a letter from the Police Superintendents Association of England and Wales addressed to my right hon. Friend the shadow Home Secretary and copied to me. It is from Chief Superintendent Derek Barnett, the president of the association, and the very first line states:

“It is disappointing that the only notification…of this legislation was a telephone call from an official the day before the Bill was tabled.”

He goes on to say that he shares

“your commitment to ensuring that the Hillsborough case is fully and properly investigated in a manner that is both expeditious and thorough, and with the eventual outcome that the full circumstances of those terrible events are once and for all indentified and that justice can be seen to have been done.”

The police superintendents support elements of the Bill, but I am slightly surprised that they were not consulted about it as a whole apart from by telephone on the day before it was tabled. Between now and the Bill’s consideration in the other place, will the Minister meet the superintendents or contact them and listen to the points they want to make? I support the Bill as it is, but the superintendents want to make some points about it and the lack of consultation is concerning. They will have a role to play on these matters in future and the Minister might find that they support him.

I also have a similar letter from the Police Federation. It is from the deputy general secretary, Stephen Smith, who states on page 2:

“I have to say that I am personally disappointed by the action taken in issuing the Bill, rather than consulting with the sub-committee in the first instance. I believe this course of action demeans the very important work that has been carried out over the last 7 years.”

The sub-committee to which he refers is the Police Advisory Board for England and Wales sub-committee, which is a negotiating body on these matters.

Whatever our view on a range of incidents, the police have an important say on this matter, and the fact that they have not been formally consulted is an oversight. Between now and Second Reading in another place, if the Bill progresses today, as I expect it to do, will the Minister make contact with the Police Federation to give the police an opportunity to have their say?

My final point relates to the scope of the Bill. The Minister knows that he is the Policing Minister for England and Wales, and that potentially, as we discussed outside the Chamber, police officers who in 1989 worked for a force in England and Wales may now work for a force in Scotland or Northern Ireland, outside the Minister’s jurisdiction. We raised the matter in our informal discussions and I do not believe I have had a response from the Minister, unless I missed it. I would welcome an update on the progress that he has had with the devolved Administrations in Northern Ireland and Scotland on ensuring that the terms of the Bill would not encounter any difficulties from those Administrations. They are different Administrations and have different police forces. If somebody is now employed by the Police Service of Northern Ireland or the Scottish police force, that could present difficulties. I would like to see the matter resolved. The Minister has said outside the Chamber that he has discussed it and is coming to a conclusion on it.

I welcome support for the Bill from Liberty, the human rights group, which believes that this is the right course of action. There is cross-community support for the Bill and I wish it fair passage. My hon. Friend the Member for Liverpool, Walton (Steve Rotheram) referred in an intervention to the petition organised by Anne Williams. Perhaps the Minister winding up the debate can give us an update. As we know, Anne Williams has a very difficult and challenging illness and wishes to ensure that her concerns about her family’s loss are resolved before her illness reaches a sad conclusion, as she expects it to do. We should consider an early opportunity to discuss that petition again in the House. May I press the Minister for an early answer from the Department on the earliest possible inquest into the family of Anne Williams?

The Bill has widespread support. There are some issues which I have raised with the Minister today that we want to see explored in detail, but I know as somebody who represents families who lost relatives at Hillsborough, I know from being born and growing up in Liverpool the community that I represent, I know from my support for that football team for my entire life, and I know from the contributions, work and efforts of my right hon. and hon. Friends from across the region and across my area of north Wales that the events of Hillsborough in 1989 caused such challenge, tragedy and concern that we now want justice for the families of those 96 victims and others who were injured.

Through their effort, passion and commitment the families have brought the case to the stage that we are at today, where an inquest is potentially pending, verdicts can be quashed and the Director of Public Prosecutions is going to act on the matter. The Bill gives an opportunity for the Independent Police Complaints Commission to provide answers and take real action on the concerns that have existed for many years. I welcome the Second Reading of the Bill. We will return to issues in due course in Committee, but the Opposition support the Bill here and in another place and look forward to the day when the IPCC’s investigation leads to satisfaction, truth and justice for the families of those who were lost in Sheffield on that day in 1989.