All 5 Debates between Lord Beamish and Kit Malthouse

Police Grant Report

Debate between Lord Beamish and Kit Malthouse
Wednesday 9th February 2022

(2 years, 8 months ago)

Commons Chamber
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Kit Malthouse Portrait Kit Malthouse
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Having been, effectively, a police and crime commissioner in the past, I must tell the hon. Gentleman that the removal of the distinction between capital and revenue receipts and spending would have been a blessed relief. In the old days of local government restrictions in that regard, in the police and in local authorities, there was an entire science devoted to the creation of capital as revenue and the conversion of revenue into capital, to get round the Treasury rules, but we have done away with that division now. [Interruption.] Of course, as a chartered accountant, I feel slightly bereft, having been put out of business. It was quite an art form, which was very satisfying to achieve.

However, the removal of that division means that a cheque goes to the police and crime commissioner, and along with the chief constable they may then decide on the division between capital and revenue as they wish. Having handled such budgets in the past, I think that is a very welcome development. I know, for example, that in Wales that has been used to great effect. In Dyfed-Powys the police and crime commissioner, on first coming into the role, made a huge investment in CCTV across the entire force area, which is paying enormous dividends, and he is able to do that as he wishes, capital and revenue being irrelevant. That is the kind of freedom that we want to give police and crime commissioners as they pursue their mission.

This is a crucial year for policing, particularly on the recruitment programme. The settlement is designed to ensure that we hit that important mark of 20,000 new officers. Forces have made outstanding progress to date, and that is testament to the hard work of all involved in the campaign. The recent statistical release of the police uplift programme demonstrates how many forces have already met, or in some cases exceeded, their year 2 target. PCCs are grabbing this investment with both hands and already a number of forces have more police officers on their books than they ever had before.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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The Minister knows that Durham constabulary is an efficient force—it has been recognised as such—but since 2010 we have lost 325 police officers. Even with this funding, we will still be 153 short on where we would have been in 2020. How does he square that?

Kit Malthouse Portrait Kit Malthouse
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By the time we get to the end of the uplift programme, there will be a large number of forces who are above the number of police officers that they had in 2010. That will be a function of decisions that were made by police and crime commissioners in the intervening decades.

Lord Beamish Portrait Mr Jones
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Nonsense.

Kit Malthouse Portrait Kit Malthouse
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It absolutely is—they had to make often difficult decisions about finances. I was one of those police and crime commissioners, so I know that prioritising police numbers within that overall formula means that some have a better baseline from which to build than others. For example, in London, for which I was responsible, we made a strong case to the then Mayor, now the Prime Minister, that it was our job to prioritise police numbers. As a result, the baseline to build off the uplift programme means that the Metropolitan police now have the highest number of police officers they have ever had in their history, with more to come.

I cannot mitigate the financial decisions made by police and crime commissioners in Durham, the West Midlands or other forces, but, having said that, Durham will receive significant extra police officers in the third year. I hope that with the freedom and flexibility on extra funding that the police and crime commissioner will get through the precept will mean that they might well add to that number as well.

Lord Beamish Portrait Mr Kevan Jones
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It is not me saying that Durham is an efficient force. The inspectorate said that it is an “outstanding” force in that regard. It lost 325 officers. It will still be worse off by 153 officers by the end of the uplift, and the reason for that is the low precept in the council tax base in County Durham. Unless that is sorted out, the force will never be able to afford the Minister’s ambitions, unlike the Chancellor’s constituency, which will end up with 190 more police officers than it had in 2020.

Kit Malthouse Portrait Kit Malthouse
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I am happy to continue the argument with the right hon. Gentleman outside the Chamber rather than occupying significant amounts of time on what is—

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Lord Beamish Portrait Mr Jones
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You are wrong.

Kit Malthouse Portrait Kit Malthouse
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No, I am not wrong. There are forces similar to Durham that will be in a better position. It has to be the case that financial decisions made by police and crime commissioners have an impact, otherwise what is the point of having them and on what basis did they stand for election? The Mayor and I stood for election in London on the basis that we absolutely wanted to maintain police numbers, and I would suggest to the right hon. Gentleman—

Lord Beamish Portrait Mr Jones
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Will the Minister give way?

Kit Malthouse Portrait Kit Malthouse
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I am not going to continue the argument. I suggest to the right hon. Gentleman that he goes back and looks at the manifestos that the police and crime commissioner in Durham produced in those elections and see whether they promised to prioritise police numbers or not, or whether all they did was whinge about Government funding. I am happy as a trade to take responsibility for the very difficult financial decisions that this Government had to take after the crash in 2007-08 and after our coming into government in 2010. I take responsibility for that—I absolutely do. Thank God we did as well, given what has happened to us subsequently. However, I will only do that if the right hon. Gentleman will take responsibility for the decisions of his police and crime commissioner in those intervening 10 years. I will move on.

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Kit Malthouse Portrait Kit Malthouse
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I am not sure that the right hon. Gentleman’s logic is right. Absolutely not. If they want to raise the contribution by less than £10, they can. There is no problem with that and the idea of there being an upper limit and a cap is a well-accepted feature of police funding. If a police and crime commissioner wants to raise the contribution by £5, £6 or £7 they can, and in fact if they do not want to spend it on police officer numbers they do not even have to do that. The right hon. Gentleman is making a rather poor argument, and I might say that the settlement has been greeted with pretty universal pleasure and a claim by police and crime commissioners from across the political divide, so I am not quite sure where this dissatisfaction is coming from.

Lord Beamish Portrait Mr Kevan Jones
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Will the Minister give way?

Kit Malthouse Portrait Kit Malthouse
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No, I have to move on.

Police officers, whether new recruits or experienced hands with decades of service, perform a unique and vital role in our society. I must put on record how grateful I am—I know that all hon. Members are—to everyone in the policing family, including civilian staff and volunteers who work tirelessly day in, day out to keep our people safe from harm.

I return to recruitment. It is only right that the Government hold forces to account to ensure that they are delivering the outcomes that the public expect from this investment. The Government will therefore once again create a ringfenced grant to ensure that the success of the police uplift programme is maintained in the coming year. Forces will be allocated a share of the £135 million grant in line with their funding formula allocation. As in previous years, forces will be able to access the funding as they deliver progress on their recruitment targets.

As announced in the 2021 spending review, police and crime commissioners in England will have access to further flexibility around levels of police precept to make additional funding available for local matters for the next three years. The settlement allows PCCs in England to raise council tax contributions for local policing by up to £10 a year for a typical Band D household. If all police and crime commissioners decide to maximise that flexibility, the outcome will be a further £246 million of funding for local policing in the coming year. I must stress that—we have discussed this—council tax levels are a local decision, and I know that police and crime commissioners weigh carefully in the balance what their local people can afford and want to see from policing before they make that decision.

We are also enabling counter-terrorism policing to confront terrorism in all its forms. That is why, for the first time, funding for counter-terrorism policing will total over £1 billion. That significant funding will allow CT policing officers to continue their critical work, support ongoing investigations, and continue investment in the operations centre and in armed policing. In addition to the increase in Government grants and additional precept flexibility, I am delighted to announce that we are investing £1.4 billion to support national policing priorities that will benefit all police forces across England and Wales. That funding will help accelerate progress on key areas of Government focus including crime reduction and improvements to the service received by the public. Of that investment, £65 million will support policing capabilities specifically, including funding to drive improvements in local police performance; measuring responsiveness to 101 and 999 calls; and funding for a national crime laboratory to push the use of innovative data science techniques to prevent and reduce crime.

The Government recognise the need to maintain focus on cutting crime to make our communities safer. That is why we are also providing additional investment in regional organised crime units so that they are equipped with the capabilities they need to tackle serious and organised crime and to protect the most vulnerable citizens from abuse. We are committed to working with PCCs and other partners to tackle crime and make our streets safer. As announced at the 2021 spending review, we will provide investment in new projects to improve crime prevention as well as maintaining and enhancing existing programmes. Funding arrangements for specific crime reduction programmes will be confirmed in due course and will follow a matched funding principle.

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Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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I would like to begin by thanking the men and women of Durham police and the support staff for their commitment and dedication, particularly given the difficult time they have had over the last couple of years with the pandemic, and for their support during Storm Arwen recently. I would also like to put on record my thanks to Jo Farrell, the chief constable, for her effective leadership of a force which, despite what the Minister pushed to one side, has been continually rated as outstanding for its effectiveness and efficiency. I am sorry that the new police and crime commissioner did not see fit to brief MPs on the settlement, but that does not matter, because I have been making the same arguments about the budget for the past 11 years, and I possibly know the police budget better than many.

To listen to Ministers today, we would think that the election of the Government in 2019 was ground zero and that nothing happened before then, or that nothing that happened before then was their responsibility. Somehow it is not their fault that we in County Durham lost 325 experienced police officers or, for example, that Dorset, even after the much-vaunted 20,000 officers promise, will still have 70 police officers fewer than it had in 2010. This did not happen by accident; this happened because of the political decisions taken by successive Tory Governments since 2010. It is very interesting that the Minister said that the first duty of Government is to protect citizens and policing is a main part of that, but the main point is that the police funding budget was cut by some 16% over that period.

The other point—and this leads to the problem we have in Durham and, I think, in many forces, including Dorset—is the fact that policing was traditionally funded mainly by the central Government grant and the precept then made up the remainder. What has happened since 2010, and it continues in this latest settlement today, is that that central Government grant has been cut by 30%, which has basically pushed the cost of policing on to local council tax payers. The overall tax burden has gone up since 2014-15 by some 13% on local council tax payers. In some areas, it has gone up even more than that, and I will explain the reasons why in a minute.

The Minister has again peddled the same line today. The Government say that there will be x millions extra for policing, but what they never say is that the bulk of that will come not from central Government taxation, but from local council tax payers. The Minister then says that it is up to the local police and crime commissioner to decide whether to put up the council tax. No, they should read the actual policy. It assumes that the announced funding figure is based on all the councils putting it up to the maximum. Frankly, they do not have a choice in that if they want effective local policing.

All I ask of the Minister and of the Government is to be honest when they make these announcements. When they announce that the budget is going up this year by a certain number of hundred millions, why do they not split it out into what the Government are doing centrally and what increase the Government are asking local council tax payers to pay?

Kit Malthouse Portrait Kit Malthouse
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If the right hon. Gentleman had listened carefully to my speech, he would have heard me say specifically that £500-odd million was coming from the Government to PCCs, and that, if they all took their flexibility, £200-odd million was coming from the PCCs. I specifically enunciated in my speech what the balance was. By the way, Mr Deputy Speaker, as I know that the right hon. Gentleman will not want to mislead the House, let me say that that does not indicate that the bulk of police funding is coming from the precept. It is quite the reverse: the bulk is coming from central taxation.

Lord Beamish Portrait Mr Jones
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I understand police funding, and I understand what the Government have been up to for the past 12 years. When the Minister—and he did this today—or the Prime Minister say that this Government are providing an extra certain amount of money for policing, why do they not put that caveat on it? They never do, because that is the sting in the tail. That has been happening continuously. It happens not just in policing, but in local government funding and in the funding for our fire and rescue services, so this creates a problem for local policing, local government and the fire and rescue service in County Durham. It has got to the point where our fire and rescue service will survive this year, but could actually fall over next year, because of the way in which this Government continue to push the emphasis onto the local council tax payer.

Why is this a particular problem for County Durham? The root of it is that 58% of the properties in County Durham are in council tax band A. In Wokingham, in Surrey, only 2.8% are in band A. So, if the precept for policing in County Durham is increased by 1%, it will raise £3.8 million, whereas in Surrey, it raises £8.9 million. Therefore, what we basically have with this policy, which is slowly pushing more and more funding onto local council tax payers, is that the poorest areas with the lowest council tax banding systems are the losers, while other, more affluent, areas are the gainers.

The Government have this slogan—they govern in slogans—that they will create another 20,000 new police officers, but, again, in County Durham, we have lost 325 officers since 2010. Even with the settlement today and the PCC putting the precept up to the maximum, we will still be, by the end of this, 153 officers short of where we were in 2010. I look forward to the next election when the three Conservative Members for County Durham put out their election leaflets, claiming another 20,000 police officers. I doubt whether they will be honest with the public and say that the party of which they are members has cut the police officers by 153 over that period. The problem is not just about numbers, but about the experience of those officers. Because of those cuts, we have lost some long-serving, experienced officers, who have been replaced by individuals who will logically take a while to gain experience. In any organisation, historical and corporate knowledge is important when it comes to the effectiveness of a police force, so it is not just about numbers, but about the experience of those officers.

As I have said, we will end this period with 153 fewer officers than we had in 2010. The Chancellor of the Exchequer’s constituency in North Yorkshire will end up with 190 more officers than it had in 2010. That is because every 1% increase in the precept in County Durham raises about £400,000, whereas in North Yorkshire it raises £800,000. Unless we tackle the funding formula, areas such as County Durham—and, I suspect, Dorset—will continue to be at a disadvantage.

That goes to the central point, which is that this is all a result of the Government continuing with a political decision that they took 11 years ago when they said, “We are going to cut central funding and push it on to local council tax”. Let us add to that the fact that policing is just one part of law enforcement, but we have seen court closures in County Durham and cuts in the number of prosecutors in the CPS, which has led to a system in crisis. That comment does not come from me; it comes from talking to local police officers. Even when they are successful in catching criminals, getting them through the court system is time-consuming. I accept that covid has had an effect, but a lot of it is not about that; it is about the capacity of the CPS and courts to find the time needed.

The Minister said that the Conservatives were the party of law and order. I am sorry, but we have to look at our courts system and our justice system today—they are not the party of law and order, given the paralysis in our justice system. The situation is also not fair for victims because they are waiting an inordinate length of time to get justice or even court dates, and in the end, some will think that they have not got justice when cases are dropped because of the time they have taken.

If we do not have a fundamental review of the funding formula, the situation will continue. Even with this settlement, County Durham—I put this on record yet again—which is deemed an “efficient” and “effective” force and as “outstanding” by the inspectorate, is still missing some £10 million for the next few years. Where will that come from? The only way is through more efficiencies. I have spoken to the chief constable and some great things have been done to make sure that there are improvements. However, over the past 11 years, the pressures on our police have not stood still, which has not helped. Legislation has put more demands on them. As my hon. Friend the Member for Croydon Central (Sarah Jones), the shadow Minister, said, the nature of crime, is changing. House burglaries are traumatic and terrible for individuals, but so are fraud and scams. I found it pretty depressing to hear the Business Secretary more or less dismissing fraud as though it is somehow a victimless crime. Just speak to some victims of that type of crime—they feel terrible. But fraud is a crime that is going to need more specialism. The nature of crime and the demands on our police force are changing, and that needs long-term stability and investment in our police force to provide such specialism. Without that, we will continue this cycle.

The Minister is a very combative individual and, on a personal basis, I get on quite well with him. However, the approach is all front; all smoke-and-mirrors. We need to disaggregate the spin and the headlines about 20,000 officers from the reality of what is happening on the ground. Unless the funding formula is addressed quickly, efficient and good police forces such as Durham will continue to suffer. The only people who will pay for that are my constituents and people in County Durham, who will do so through higher council tax bills and a potentially poorer service.

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Kit Malthouse Portrait Kit Malthouse
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As my hon. Friend knows, we have been happy to fund Operation Boson, which has been dealing with serious and organised crime and drug dealing in and around Luton—which, as he says, is a particular hotspot. Our county lines settlement provides some money for receiving, or importing, forces to try to step up to the plate. However, I hope all those forces will realise that there will be a huge impact on violence specifically in their areas if they co-operate with the operations coming out of those three big exporting forces, and I hope that people will look carefully at both the funding formula and the impact of the overall investment package on their force before drawing a negative inference.

Lord Beamish Portrait Mr Kevan Jones
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Will the Minister give way?

Kit Malthouse Portrait Kit Malthouse
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No, I am going to finish, because we have to move on to other business.

The hon. Member for Croydon Central (Sarah Jones) invariably presents a dystopian vision of our work on crime. She is a very hard person to please. Let me now read out the bit of her speech that she obviously crossed out for some reason, in order to remind the House that according to the most recent Office for National Statistics publication, produced just last week, violence is down by 15%, murder by 16%, stabbings by 15%, theft by 20%, burglaries by 30%, car crime by 28%, and robberies by 34%.

Terrorist Incident at Liverpool Women’s Hospital

Debate between Lord Beamish and Kit Malthouse
Tuesday 16th November 2021

(2 years, 11 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kit Malthouse Portrait Kit Malthouse
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I agree with the hon. Gentleman; I know the city well and it has always been welcoming, certainly in the latter decades, when community harmony has been very good and high. I hope that this will not have an impact on that. The Security Minister is there today to talk to the authorities and the police about what more we can do to help and to understand more about the circumstances, but I know that the two mayors, the police and crime commissioner and all those engaged in the welfare of Liverpool will be doing their best to reassure the community and bind it together after such a devastating event.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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I congratulate my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) on securing this urgent question and join her in thanking the security services and the members of the emergency services who were involved. It has been widely reported that TATP was used in this attack. As my hon. Friend the Member for St Helens North (Conor McGinn) said from the Front Bench, in 2018 the Intelligence and Security Committee, on which I serve, produced a report on the 2017 terrorist attacks. It made four recommendations on this, with recommendation N calling for the outdated system of regulation of these chemicals to be updated. In response to the Committee’s report, the Government simply noted the conclusion and said that they were committed to developing a system of regulation. The Minister says that things are unclear and he cannot comment on them, but what is clear is the fact that none of those recommendations have been taken on board since 2018. Why?

Kit Malthouse Portrait Kit Malthouse
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As the right hon. Gentleman points out, I cannot comment on this. I know that there has been a lot of speculation about the nature of the explosion, but, as I understand it from a briefing just this morning, the forensic examination is yet to be completed. Once it is, we will be able to draw some lessons about the particular combustion and the explosive chemicals that may or may not have been used, and then we can take action accordingly.

Policing (England and Wales)

Debate between Lord Beamish and Kit Malthouse
Monday 24th February 2020

(4 years, 8 months ago)

Commons Chamber
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Kit Malthouse Portrait Kit Malthouse
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If Members do not mind, I would like to make a bit of progress. I will allow others come in a little later.

This settlement will turbocharge the unprecedented recruitment of 20,000 police officers over the next three years. All forces will have the resources they need to meet rising demand. The impact of the extra officers should not be underestimated, with the recruitment targets showing how each area will benefit. By March 2021, West Yorkshire police aims to recruit some 256 extra officers, and the figure for Greater Manchester is almost 350. As I said, the Met, a force I know well, will soon be able to deploy an extra 1,369 officers on the streets of our capital. The spending round, which concluded in September, confirmed that an additional £750 million would be made available next year to deliver this uplift. This settlement confirms that £700 million of that will go directly to PCCs to support the first wave of recruitment, and £168 million will be ringfenced to help pay for recruiting and employing additional officers. Forces will be awarded a portion of that in line with their funding formula allocation. It will be linked to results, with the money paid out as they make progress against their recruitment targets. That will ensure that forces make full use of this investment, delivering good value for money for taxpayers and the results they expect to see. In addition, £50 million of the settlement will deliver national elements of the police uplift programme to ensure that it is a success. That will include central co-ordination, national recruitment campaigns, Police Now training and College of Policing support.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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The Minister mentioned Durham, which has lost 380 officers since 2010. Even with these replacement officers—they are not new ones—there will still be a shortfall of 154 officers for County Durham. Can he tell me when County Durham will get back to the level of police officers it had in 2010?

Kit Malthouse Portrait Kit Malthouse
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Obviously, these 6,000 officers are a down payment on a three-year protection plan, under which we will be recruiting 20,000 police officers. Just for clarity, I should point out that these are extra police officers—

Lord Beamish Portrait Mr Jones
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They are not. They are replacements.

Policing and Crime Bill

Debate between Lord Beamish and Kit Malthouse
Monday 7th March 2016

(8 years, 8 months ago)

Commons Chamber
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Lord Beamish Portrait Mr Jones
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Yes. It is time to consider that proposal irrespective of whether such houses are provided by the voluntary sector or the statutory sector. A network of that type of provision across the country would get away from the use of police cells. As the hon. Gentleman knows, they could be commissioned at a local level, and third sector development could provide very good value for money. I welcome the proposed changes, but they need to be amended in Committee.

I broadly welcome the Bill, but my right hon. Friend the Member for Leigh (Andy Burnham) is right to say that we cannot consider it in isolation away from the funding of our police forces or of our fire and rescue services. The hon. Member for Cannock Chase gave the impression that this is all about driving through efficiency locally, forgetting that more than £2 billion has been taken out of policing by her Government in the past six years. In addition, money has been taken out of local fire and rescue services. Before she claims that I am arguing for inefficiency, I stand proud to be the Member of Parliament for the most efficient police force in the UK—Durham. However, efficiency has been achieved at a cost. The central Government grant has been cut and 350 officers have had to go. She talks about precepts and making local government accountable. That is fine, but the system needs to change. An increase in the precept in Durham, on both the fire service and the police, will not fill the gap created by central Government cuts. In a perverse way, the Government seem to be moving money away from more deprived areas to the more affluent areas of the south.

On the relationship between the fire services and the police, I am not opposed to efficiencies relating to the back office or anything else, but the hon. Lady did say she did not want the police fighting fires and firefighters catching criminals. I agree. We need to be clear that there will be no merging of the frontline. I will support anything that can make the service better for people and more efficient. The firefighters and police officers that I know want that, too.

Kit Malthouse Portrait Kit Malthouse
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I understand the sentiment the hon. Gentleman expresses, but does he agree that there are circumstances in which police officers and firefighters may want to stray over the line into each other’s areas of responsibility? There was a famous case not very long ago where police officers stood back and watched somebody floundering in a pond almost drowning, because it was not their job and they did not feel trained enough to go in and save that person. They had to wait for the fire service to arrive. Surely there are circumstances where having complementary skills can be beneficial to the safety of the public.

Lord Beamish Portrait Mr Jones
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Yes, but the hon. Gentleman does the police and firefighters a disservice by giving an anecdotal example. There are many occasions when serving police officers have rescued people from fires.

Kit Malthouse Portrait Kit Malthouse
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That is the point I am making.

Lord Beamish Portrait Mr Jones
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Well, yes, but that is not about blurring their roles. I do not think that that is what the public want. They want their police officers to protect them and their streets, and they want their firefighters to respond to house fires and other types of emergencies—road traffic accidents and so on. The public want specialist skills and I would be totally opposed to any blurring of the lines.

There are some positive measures in the Bill that are a step forward. I caution my right hon. Friend the Member for Leigh that, while we need to table many amendments, voting against the Bill on Report would not be understood by the public. It would give the impression that we did not care about the things in the Bill that should be welcomed. Instead, we should be highlighting the things that are ideologically driven.

Armed Forces Bill

Debate between Lord Beamish and Kit Malthouse
Tuesday 24th November 2015

(8 years, 11 months ago)

Public Bill Committees
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Kris Hopkins Portrait Kris Hopkins
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This is an extremely serious matter, and it is right that we examine it. I hope to give some reassurance to members of the Committee, including the hon. Member for North Durham, that our house and the MOD’s house is in order and that we can address these issues.

I believe the service police and the Service Prosecuting Authority have the necessary expertise and independence to effectively investigate and prosecute offences of murder, rape and sexual assault by and against service personnel. The service justice system has been scrutinised by the UK courts and by Strasbourg, and it has been held to be compliant with the European convention on human rights for both investigations and prosecutions within the UK and abroad, where the civilian police do not have jurisdiction. The service police have been held by the courts to be structurally and in practice independent of the chain of command.

I want to talk about capability. The service police are trained and able to carry out investigations into the most serious offences at home and abroad. Training takes place at the Defence College of Policing and Guarding. All prospective members of the special investigation branch, which investigates serious crimes, must pass a serious crime investigation course before being selected for that unit. Officers receive specialist training on handling sexual offences, investigative techniques, forensic awareness, dealing with witnesses and suspects, the preservation of evidence and interacting with victims. In addition, selected service police attend a range of specialist and advanced detective training courses at the DCPG or externally, at the College of Policing or at training providers accredited by the college.

Prosecutors at the Service Prosecuting Authority must undertake the training necessary to effectively prosecute serious cases. For example, the prosecution of serious sexual offences requires attendance on the Crown Prosecution Service’s rape and serious sexual offences specialist training course, and the SPA ensures that decisions on charging in such cases are only taken by prosecutors who have undertaken that training.

It is important to address the issue of independence raised by the hon. Gentleman. The Director of Service Prosecutions is an independent civilian office holder, exercising statutory powers under the superintendence of the Attorney General.

The Service Prosecuting Authority is created by statute, and the three main elements consist of the creation of the office of Director of Service Prosecutions and his appointment by Her Majesty, with the director appointed on the basis of a fair and open competition; the provision for who may act on his behalf, with the director specifying those lawyers who may act on his behalf; and the necessary statutory powers in relation to prosecutions in service courts being given to the director personally, not the chain of command. The service police and the Service Prosecuting Authority have the necessary expertise and the independence to effectively investigate and prosecute the full range of offences overseas and at home. Therefore, I urge the hon. Gentleman to withdraw the new clause.

Kit Malthouse Portrait Kit Malthouse (North West Hampshire) (Con)
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I, too, acknowledge the sentiments in the new clause tabled by the hon. Member for North Durham. I underline the fact that they are important, but it is also important that the armed forces retain the ability and the expertise to investigate these offences when they occur, not least because they may occur overseas from time to time, where civilian police authorities will not be present.

From my history with the police, I know that when an allegation of rape has been made, the first 24 to 48 hours are critical in gathering forensics, preserving evidence and handling the victim. It is critical that that is done correctly. Any delay after an allegation leads to a serious diminution in the possibility of any kind of conviction. If we had been presented with evidence that showed that conviction rates were significantly lower in the military than in the civilian police force, I might have had a bit more sympathy with the new clause, but the truth is that there is no evidence to that effect.

The hon. Gentleman referred to workload. The greater workload among civilian police is a negative, not a positive. I was responsible for prompting a restructure of the Metropolitan police’s rape command, not least because I became aware in my role as deputy mayor for policing that there was a huge backlog of rape cases awaiting investigation. As I have said before, the longer the wait, the less likely a conviction. The fact that a civilian police officer might be handling a caseload of 26 to 35 cases is a bad thing, not a good thing. It means that quite a lot of cases are not getting the attention that they need. I acknowledge the hon. Gentleman’s concern and certainly share it, but, for all those reasons, it is critical that the military police retain the ability, and therefore must have the training and expertise, to deal with these cases.

Lord Beamish Portrait Mr Jones
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I hear what the hon. Members for Keighley and for North West Hampshire said. However, the fact of the matter is that it is wrong for anything to be in place that ensures that victims—even if it is just one case—do not come forward because they think that the service police are part of the military chain of command, although I accept what the hon. Member for Keighley said about the separation of the two. We will look at the matter in more detail.

I also accept what the hon. Member for North West Hampshire said about resources and the pressures on individual police officers dealing with multiple cases, but expertise must be an issue. If someone investigates, for example, one rape or sexual assault allegation only every two or three years, even with the best training in the world, their expertise could be limited compared with someone who does so regularly. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 6

Review of compensation available to veterans suffering from mesothelioma

‘Within 12 months of the passing of this Act, the Secretary of State must commission a review of how former members of the armed forces who have contracted mesothelioma as a result of exposure to asbestos in the course of their military service are compensated, and must lay the report of this review before both Houses of Parliament.’—(Mr Kevan Jones.)

Brought up, and read the First time.

--- Later in debate ---
Kit Malthouse Portrait Kit Malthouse
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The new clause is close to my heart, not least because Catherine Crawford, the first and last chief executive of the Metropolitan Police Authority, with whom I worked closely and who became a great friend, died of mesothelioma only last year. She had spent her career in government buildings and did not know where she contracted the disease from, but somewhere along the line, she did.

I am, however, with my hon. Friend the Member for Keighley in not supporting the new clause, because it is, quite frankly, a bit vague. Instead of commissioning a review without any notion of independence, where it would be commissioned from or what the timeframe would be—it would have to be commissioned within 12 months, but it could take 10 years after that to complete—I would much rather that other weapons in Parliament’s armoury, such as Adjournment debates, Back-Bench business and all the rest of it, were used to press the Government into swift action, and such action has been promised. I acknowledge that the Government have been a bit slow to deal with this issue, but I am not sure that putting something into legislation adds anything to the urgency. Nothing would necessarily happen post the review; the Government would not be compelled to take any action after the review.

I wonder whether the hon. Member for North Durham would consider withdrawing the new clause in the hope that he might return to the issue on Report. That would give the Government a window to announce what they are actually going to do. If the matter comes before the whole House, he may find that there is more sympathy for his proposal if the Government have not laid out any specific plans.

Lord Beamish Portrait Mr Jones
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I am not in the habit of helping the Government, but I think that the hon. Member for North West Hampshire makes a constructive suggestion. We have debated the new clause today, and when we discuss this issue again on the Floor of the House, we will be interested to see whether the Government have moved forward as the hon. Member for Keighley has suggested that they might. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 7

Homosexual acts no longer to constitute grounds for discharging a member of HM armed forces (No. 2)

‘(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 146(4), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.

(3) In section 147(3), omit the words “discharging a member of Her Majesty’s armed forces from the service or” and the words “or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances,”.’—(Mr Kevan Jones.)

Brought up, and read the First time.