Police and Crime Commissioners

Lord Armstrong of Ilminster Excerpts

Thursday 28th June 2018 Lords Chamber

Moved by

[Lord Armstrong of Ilminster]

That this House takes note of the role and responsibilities of Police and Crime Commissioners.

[Lord Armstrong of Ilminster (CB)]

My Lords, the office of police and crime commissioner was created in England and Wales by the Police Reform and Social Responsibility Act 2011. The then Government thought that the system of police authorities, established in 1964, was too opaque and conceived of police and crime commissioners, or PCCs, as likely to increase transparency and accountability in policing.

There are 40 PCCs in England and Wales. They are elected for four-year terms and can be re-elected for any number of terms. Their main role and responsibilities are to secure an efficient and effective police force for their area; to appoint the chief constable; to hold the chief constable to account for running the force, and if necessary to dismiss him or her; to set the police and crime objectives for their area; and to set the force budget and determine the precept. Police and crime commissioners are barred by statute from interfering in the operational independence of the police. This system places heavy responsibilities on the shoulders of one person in each area: the PCC. Its success in achieving the objectives hoped for will vary from area to area. It clearly depends upon the relationship between the PCC and the chief constable. On this, there are presumably as many variations as there are PCCs.

I have come to wonder whether it is really sensible to have such important issues depending upon the personalities of, and relationships between, two individuals. There may be a risk that the relationship between a chief constable and a PCC can become too cosy, with the two people too ready to agree with each other for the sake of a quiet life. There is a danger that the chief constable may withhold, or the PCC may fail to require, information or advice that the PCC needs in order to be able to discharge the responsibilities properly. In neither case, it seems to me, is transparency likely to be improved.

On the other hand, if there is a relationship of mutual confidence, the PCC ought to be able usefully to advise, encourage and warn the chief constable without encroaching upon his operational independence. It is a difficult balance to be struck, and I wonder whether it may, paradoxically, have been easier to strike a right balance, and transparency and accountability may have been more easily achieved, when the chief constable was reporting and accountable to a police authority, rather than when he or she is reporting and accountable to an individual PCC.

I propose to concentrate this afternoon on the role and responsibilities of the police and crime commissioner for Wiltshire and Swindon in relation to Operation Conifer, Wiltshire Police’s investigation of allegations of child abuse by the late Sir Edward Heath, an investigation which started in the summer of 2015, lasted for more than two years, and cost some £1.5 million.

Such an investigation would normally be conducted in private and the results reported to the Crown Prosecution Service to consider whether there should be a prosecution. In this case, there could not be a prosecution, because Sir Edward had been dead for 12 years. On 5 October 2017 when the investigation was concluded, the Wiltshire Police published a summary report on its outcome and the then chief constable made a statement to the media.

That report stressed that the Wiltshire Police had scrupulously complied with official guidance in the conduct of the operation and emphasised the thoroughness and proportionality of the investigation. It reported on a wide range of interviews with Sir Edward’s friends and the people who had worked with and for him for many years, none of which seemed to have revealed any evidence to corroborate allegations of child abuse. Indeed, one of the interviewers admitted to an interviewee that the investigation was a farce.

However, three things happened which marred the process. First, when the investigation began, the senior officer of Wiltshire Police standing outside Sir Edward Heath’s old home in Salisbury made a televised appeal to those who believed themselves to be victims of child abuse by Sir Edward to make themselves known to the police. The immediate effect of this public announcement that Sir Edward was being investigated was to create a cloud of suspicion over his memory and reputation, and continuing public and media interest in the course of the investigation.

Secondly, in January 2017, a newspaper quoted the then chief constable of Wiltshire as saying that he was “120% sure” of Sir Edward’s guilt. If he had said anything of the kind, it would have been a gross dereliction of duty. The Wiltshire Police issued a carefully worded statement reiterating that the duty of the police was to investigate allegations and follow the evidence, but not to express any view as to guilt or innocence. But the damage was done and the effect was to deepen the cloud of suspicion over Sir Edward Heath.

Thirdly, in a report in October 2017, the Wiltshire Police disclosed that it had investigated 42 allegations. Of these, it dismissed 35 but said that had Sir Edward still been alive, it would have interviewed him under oath on the remaining seven allegations. It transpired that one of those seven allegations had already been examined and dismissed by the Metropolitan Police. Two others appeared not to relate to child abuse. We were left wondering whether the other four were equally unfounded but the Wiltshire Police had for some reason decided not to say so and left the seven allegations open.

Research on the internet strongly indicates that there had been a co-ordinated conspiracy to disseminate false allegations of child abuse by Sir Edward Heath and other high-profile individuals. However that may be, the effect of the Wiltshire Police’s report was to leave the cloud of suspicion hanging over Sir Edward Heath’s reputation indefinitely.

This is a profoundly unsatisfactory situation. Many of us are sure that Sir Edward was never a child abuser, that the allegations that he was are completely baseless, and that justice requires that he should be exonerated, just as Field-Marshal Lord Bramall and the late Lord Brittan, likewise subjected to baseless allegations of child abuse, have been exonerated.

The police and crime commissioner for Wiltshire has consistently said that he would like to see an independent review of the operation. The then Home Secretary told us last December that in her view, as this was a local policing matter, it was for the PCC, not the Government, to commission a review. As the noble Baroness, Lady Williams of Trafford, has told the House, the PCC has the power to commission such a review and he has access to the resources required to fund it.

In January 2018 the noble Lord, Lord Hunt of Wirral—who I am glad to see in his place—then the chairman of the Sir Edward Heath Charitable Foundation, Mr Lincoln Seligman, Sir Edward’s godson, and I met the PCC to renew our request to him to commission a review. He said that he had been advised that a review could be commissioned either by the Independent Inquiry into Child Sexual Abuse—IICSA—or by himself, and that he was considering that advice. He subsequently wrote a long letter to the chairman of IICSA, urging that body to commission a review. IICSA’s reply said that its terms of reference were to investigate how institutions and organisations had dealt with problems of child abuse; that it was beyond its remit to review the investigation of allegations of child abuse by individuals; and that, even if it was to change its mind about that, it would not be able to take on any additional responsibilities for at least 12 months.

We therefore repeated our request to the PCC to commission a review. He replied that he had concluded that Operation Conifer was a national matter and that IICSA was not only the appropriate forum but the only forum to conduct a review, and he invited us to join him in urging IICSA to do so. We replied on 24 April last that we were surprised that he wished to press IICSA to do something which it had told him and us was beyond its remit and that we saw no point in making a further attempt to persuade it. We represented to him that it was his responsibility—and, indeed, his duty—as the officer to whom alone the chief constable is accountable to commission the review that he as well as we wanted to see set up. The commissioner has not seen fit to reply to that letter. Is he thinking that Sir Edward Heath has been dead for 13 years and left no close relatives, and that, if he does nothing, the whole thing will go away? If so, I am afraid that I have to disappoint him. It will not.

This is simply not good enough. It leaves Sir Edward Heath in indefinite limbo, neither guilty nor innocent. The remedy of judgment in a court of law is not available. The only possible remedy now is an independent review by a retired judge or someone of similar independence and integrity. The reviewer’s primary task would be to examine the validity of the seven allegations on which Wiltshire Police said it would have wanted to interview Sir Edward Heath under oath, had he been alive. But the reviewer would need to be given unrestricted access to all the evidence taken by Wiltshire Police in case he or she needed to go more widely into the matter to come to a clear and satisfactory conclusion.

There is another reason for commissioning a review. Wiltshire Police did not emerge from this business smelling of roses. Public misgivings about Operation Conifer were not dispelled—if anything, they were intensified—by the summary report and the then chief constable’s statement last October. It is clearly right for the police to have operational independence but once an operation is concluded they cannot be immune from being accountable for the way in which they have exercised their operational independence or for the consequences of their operations. An independent review would establish what went amiss with Operation Conifer, help draw a line under the whole affair, and allow the new chief constable of Wiltshire to start with a clean slate.

The police and crime commissioner has said that he is reluctant to divert to this purpose funds which could otherwise be used to improve policing in Wiltshire. Of course, we understand that the police in Wiltshire have had to deal with the Salisbury poisoning, albeit with help from other forces. The sum required for a review would not in fact be very great in relation to the total spending of Wiltshire Police, and it would be non-recurring. But if that is a problem, the Home Office provided most of the funds required for Operation Conifer, and the commissioner could consider asking the Home Office to contribute to the cost of a review.

An independent review is the only way of achieving a measure of certainty and finality in this matter. It is the clear responsibility of the Police and Crime Commissioner for Wiltshire and Swindon, as the officer to whom alone the chief constable is accountable, to commission that review. Justice requires no less. Justice requires it, not next year nor at the Greek calends, but now: action this day. I beg to move.

--- Later in debate ---

[Lord Armstrong of Ilminster]

My Lords, I thank all noble Lords who took part in this debate and made a great many interesting contributions.

As to what the Minister said about the Operation Conifer affair, she holds a very straight bat for the Home Office, but we shall be returning to the matter because, as the noble Lord, Lord Campbell-Savours, and others have said, there are issues of justice in this that cannot be allowed to rest. No doubt we shall need to talk again to the police and crime commissioner, but I do not think we have heard the last of this matter in this Chamber or more generally.

The debate was extremely interesting. I formed the impression that what we think about police and crime commissioners rather depends on the area from which we come; some are better than others. There are still aspects of the system that we have not got right and will need to be examined again.

I thought the points made by the noble Lord, Lord Rosser, about operational expenditure were very important and need to be considered very thoroughly. The Home Office has been apt to use the doctrine of operational independence to avoid almost any kind of query about police operations. Although I believe that the principle of operational independence is extremely important, once an operation is over—as I said before—the doctrine of operational expenditure cannot absolve the chief constable from having to account for the way in which an investigation has been conducted or for its consequences. It suggests that we need to refine this doctrine a little more than we have done.

Finally, police forces traditionally have been guided that they must believe child abuse allegations. As one speaker suggested, that goes too far. They must take allegations seriously, of course, but they must examine them because this is an area in which false allegations seem to be exceedingly prevalent. People should be taken seriously, but the possibility of falsehood or deliberate conspiracy to make false allegations should never be overlooked. I again thank all noble Lords who have taken part in this debate.

Motion agreed.