Policing and Crime Bill

Debate between Lord Walney and James Berry

Monday 7th March 2016 Commons Chamber

[John Woodcock]

I thank the Minister for intervening now, rather than waiting until his summation. What he has said is really welcome.

If I can find my place, I will continue what I was saying about discipline. One reason that I have been given for the continued suppression of the report in the Poppi case is that disciplinary action is still ongoing against two officers. However, the draft report was available to Cumbria constabulary exactly a year ago. The IPCC has said that it is “extremely surprised” at the delay, but it appears to have no ability to compel the force to get on with the process. We are left with a situation in which a force is in control of the disciplinary process, but by delaying that process it can hold up the publication of a report that is critical of that force. I am not saying necessarily that Cumbria constabulary is deliberately doing so, but that is clearly the effect. That cannot be right. Surely, the IPCC could appropriately be given more power to compel a force to complete disciplinary action in good time, rather than ending up with a situation such as we have in Cumbria.

Finally, I want to address what happens when officers retire or resign from the force when they are facing disciplinary action, as several hon. Members have mentioned. There has rightly been focus on the length of time for which a former officer can still face disciplinary proceedings after leaving, and whether 12 months is sufficient. The shadow Home Secretary has compellingly set out why it is not, and he has already been joined in expressing that view by one Conservative Member. I also want to focus on the suggested sanctions. Someone will correct me if I am wrong, but I have raised the matter with the shadow Home Secretary.

My clear reading of the legislation is that where an officer retires before disciplinary proceedings against them can be triggered, within the 12 months or whatever period is set out—they can now, for the first time, be found guilty of misconduct, which is a real step forward and should be welcomed—the only sanction currently proposed is to put them on a list that will prevent them from working in the police force again. However, as they have just retired, which was how they have sought to escape justice in relation to any misconduct, telling them that they cannot come out of retirement is surely no kind of deterrent whatever. I very much hope that can be reconsidered in Committee.

[James Berry]

I am sure that the hon. Gentleman has consulted the police conduct regulations and will know that sanctions under the police disciplinary regime are intended not to punish officers but to maintain public confidence in the profession. The worse that can happen to a serving police officer is to be dismissed without notice, so it would be rather perverse if there was a more extreme sanction for someone who had retired.

[John Woodcock]

The sanction would not be more extreme because there is no chance of any workplace sanction after that. In the hon. Gentleman’s speech, he can tell me what he thinks the effect on public confidence in the police would be if someone guilty of misconduct—at Hillsborough, Orgreave or in one of the many other cases—was merely put on a list preventing them from serving again, rather than having any other sanction imposed on them. My right hon. Friend the shadow Home Secretary mentioned the prospect of being able to reduce the pension entitlement of retired officers in certain circumstances, which I hope the Minister will consider carefully.