Queen’s Speech

Lord Davies of Gower Excerpts

Thursday 12th May 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, this is a fascinating and enjoyable debate, much of it concentrating on constitutional matters, but I would like to speak a little on policing. I was very pleased to see that Her Majesty’s gracious Speech contained several interesting Bills on law and order, which will affect policing. Like most people, I am pleased to see investment in more police. Police numbers have fallen over the last decade, so I am encouraged to see a steady increase to achieve the Government’s ambition of 20,000 extra. I have often heard the cry from opposition Benches and other quarters, more times than I can remember, that police numbers have been cut drastically in the last decade. There may be some truth in that, but numbers are on the increase. However, these new appointments will be effective only if those officers are well-trained and properly managed. It is a point I will return to in a moment.

While not everybody’s cup of tea, I was delighted to see that stop and search is up by 22% compared to 2019-20. Stop and search is the only really effective tool that police have in their crime-fighting tool-box. Without doubt, it helps to take weapons and drugs off the streets. With the appalling number of murders of young men we have seen in recent years, on the streets of London and in other UK cities, through knife crime, I contend that, when legitimately conducted, these stop and searches are operationally necessary. I hope that the £200 million 10-year youth endowment fund assists in reducing such dreadful offences.

I want to say one important thing on training and management, which is particularly relevant where there is an abuse of procedure by police on stop and search. There is certainly evidence of that. In recent years, we have seen a serious decline in training facilities. In the Metropolitan Police, Hendon Police College has all but disappeared. The centre of training excellence that once was higher command training at Bramshill has been abolished and the site sold. With reduced budgets, police forces have been forced to ensure that front-line policing is protected but, sadly, at the cost of training. We have the College of Policing, but it serves only those who are prepared to self-improve and fails to create an essential learning environment. It is no coincidence that the challenging issues faced by the Metropolitan Police and other police forces are the result of many years of neglect and a lack of funding for training.

Recently, Parliament passed a number of demanding pieces of legislation on criminal law. Looking forward to this Session, we are making further demands on the police with a new Public Order Bill to deal with disruptive influences in society. We are going to be asking a lot more of our police service and it must be match-fit for the task. If we are to succeed in putting more rapists behind bars under the rape action plan, we must have a detective force that is properly prepared and trained to achieve this. All this can be achieved only through a well-trained and a well-managed police service. My plea to the Government is that sufficient resources are available to enable this.

Changing tack slightly, I return to combating illegal channel crossings and the Government’s new plan for immigration. There is only one solution to this and it is to remove the criminal gangs that organise these perilous journeys. This can be achieved only through partnership working with intelligence and investigative bodies on the other side of the channel. You can put as many Royal Navy frigates in the channel as you wish, but clearly we are fighting a losing battle daily, and it is not helped by the intelligence-sharing situation in which we find ourselves, post Brexit. I wonder if the Home Office understands the operational implications of this intelligence-sharing challenge.

We seem to have tried everything. We had a clandestine channel threat commander; when his role was announced, we were told that this was the panacea to the problem. He proudly proclaimed that he would stop these crossings. Tens of millions of pounds have been handed to the French authorities. This has all failed. The Nationality and Borders Act, the legislative framework for the new plan for immigration, became law at the end of April, aiming to deter illegal entry into the UK, break the business model of people-smuggling networks and speed up the removal of those with no right to be in the UK. I wait with interest to see how effective this will be, but very much hope that it will be. We need to welcome and protect those legitimately seeking asylum in the UK, but the summer months ahead will put this new Act to the test. I repeat that it is no substitute for cross-border intelligence-sharing. I very much hope that the Nationality and Borders Act assists in servicing this need.

I look forward to the introduction of the new criminal justice Bills. I have a particular interest in the Online Safety Bill, as somebody who suffered during the 2017 general election through criminals hiding behind anonymity. I look forward to the victims Bill, addressing a much-ignored section of the criminal justice system, and I look forward to the Public Order Bill. I will certainly play my part in their passage through your Lordships’ House.

I return to the point that such legislation can be enforced only by a well-trained and well-managed police service. Based on my previous policing experience and from speaking to a great number of serving police officers, I know that these elements are somewhat lacking at present; government, and particularly the Home Office, need to pay attention to them and their resourcing.

Daniel Morgan Independent Panel Report

Lord Davies of Gower Excerpts

Thursday 24th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I take the points the noble Earl makes about the various technological solutions. Of course, we will consider any recommendations made by the Angiolini inquiry in this space. I would also say to the noble Earl that police vetting is a lot more thorough than DBS checks. However, there is definitely more to come on this, and I look forward to some of these things being addressed both in the short term and within the next year.

[Lord Davies of Gower (Con)]

My Lords, I spent 32 years as a CID officer in the Metropolitan Police as a crime investigator and a crime manager. Many of those years were spent on the counterterrorism command, and I worked with very good, diligent police officers. On the point about corruption, the latest HMICFRS report rejected the independent panel’s assertions that the Metropolitan Police is institutionally corrupt, and I welcome that, although of course I recognise the many other issues that exist around the Metropolitan Police. Does the Minister agree that a lot of those issues come from lack of training? What more can the Home Office do with regard to training, which I feel has deteriorated badly over the years within the Metropolitan Police in particular?

[Baroness Williams of Trafford (Con)]

My noble friend makes a very good point because in reading this report I observed that the Metropolitan Police is very good at doing the big things and that some of the important details, such as vetting, internal corruption, gifts, evidence and the things my noble friend talks about, were less focused on. That is something that the Metropolitan Police will have to answer through its action plans in the short and long term. On training, I expect to see it much more consistent throughout the force, but I think that perhaps in focusing on the big things the Metropolitan Police has neglected important details of the job.

Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)

Lord Davies of Gower Excerpts

Friday 11th March 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I begin by congratulating the committee on producing such a detailed and operationally relevant report that highlights the essential areas of operational policing, particularly where this concerns international cross-border working. I realise that we have moved on, but I make no apology for returning to the issue of the Schengen Information System, which concerned me greatly during the months leading up to the trade and co-operation agreement in December 2020.

There can be no doubt that, in adopting the Interpol database in lieu, the UK reduced itself to accepting a far less efficient and effective real-time system. As the report points out, the effectiveness of the Interpol system relies heavily on the willingness of EU states to additionally upload the same information on to it that they circulate on the SIS. Indeed, one senior police officer remarked to the committee that this was a significant loss of capability in terms of access to data.

It was also interesting to note the need to make technical improvements to the UK system so that the Interpol system is available to front-line law enforcement in minutes, as opposed to hours. I am therefore very keen to hear from the Minister what action has been taken to improve those technical issues and what information, if any, is available to identify any loss of effectiveness which may have been encountered by the surrendering of the SIS.

It was encouraging to note the warm remarks from law enforcement on the agreement on Prüm, allowing the exchange of information in relation to DNA, fingerprints and other essential data. However, future alignment in relation to Prüm is less clear.

As someone who worked in organised policing for many years in eastern Europe, I was saddened to note the remarks on the UK’s future role in Europol. Professor Mitsilegas remarked that he did

“not think it will be the same, which it is a great shame, because Europol is a great example of the UK’s influence in justice and home affairs”,

a

“model of intelligence-led policing that has largely been exported from the UK to the EU, and now, sadly, you are a third country.”

Another witness also

“regretted the diminished influence the UK would have as a third country in Europol”,

saying:

“This is a clear demonstration of that operational downgrade, and it is particularly unfortunate in the context of Europol, because the UK has played such a significant role in the future direction and intelligence-led policing focus of Europol.”


Mr Rodhouse of the NCA highlighted in particular that the UK would not

“be part of the Europol management board in the future”—

something that I bitterly regret, and I support all those comments.

Can the Minister give me and, indeed, the House an assurance that while we still have the UK Liaison Bureau, our relationship with Europol will be even further improved as we head into uncharted territory with issues on our borders with organised criminality as a result of the implications of the war in Europe and refugees fleeing hostilities?

This is an excellent report and gets to the nub of the matter in relation to problems raised as a result of our exiting the European Union. I am pleased to have been able to highlight just a couple of them and look forward to what the Minister has to say in reply.

Nationality and Borders Bill

Lord Davies of Gower Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, what a great pleasure it is to follow the noble Baroness, Lady Jones of Moulsecoomb.

I understand and appreciate the intentions behind the Bill and, in particular, I recognise the challenges it seeks to address. The Bill has many aspects that I would wish to comment on in the time allowed, but I will confine myself to what has led to the need for this legislation—the issues created by unscrupulous organised gangs of criminals who prey on vulnerable people of all ages by illegally facilitating their entry into the UK by crossing the channel from France to England. Let us not forget that these are people at risk who are in the main seeking refuge from a variety of issues, be it conflicts, persecution or aggression in their own country. It is, of course, only humanly right that as a nation the UK shows compassion to those in their hour of need and provides the necessary sanctuary to those properly seeking our help. Of that there is no doubt at all, but, of course, this brings me to the heart of the matter.

The question arises as to why these migrants, having arrived in a safe country within the European Union, put all at risk in order to cross one of the busiest shipping channels in the world, having paid what is usually an extortionate sum of money to travel in what amounts in many cases to no more than a rubber dinghy with paddles. Maybe French hospitality is not quite what it is made out to be, but it is clear that these migrants would not be able to make their voyages across the channel without organised criminals facilitating their passage. The Bill seeks to address the issue of refugees arriving illegally, distinguishing between those who arrive directly from a country or territory where their life or freedom was threatened and those who do not.

My real concern—I take the opportunity of Second Reading to express it—lies with the marked lack of effectiveness of those tasked with combating cross-channel illegal immigration. It might well be said that if our law agencies were more effective in countering these gangs, parts of this Bill would be superfluous. What troubles me most is an apparent lack of cohesion between the agencies with regard to the use of intelligence. From previous experience, I am more than aware that knowledge is power, and, as a consequence, organisations, including law enforcement, are often drawn into intelligence silos.

As it stands at the moment, from what I am given to understand there is every reason to believe that this is the case in relation to the agencies tasked with countering cross-channel illegal immigration. Whether it be the National Crime Agency, the various police forces, Border Force, HM Customs or any other interested agency, there is a clear failure to have any effect whatever on the numbers crossing the channel. So I am not convinced. As robust as the Bill might seem, whether it will have any influence on the numbers crossing the channel is doubtful. After all is said and done, that should be the goal in order to prevent some of the most horrible drownings that we have witnessed in recent times.

I can see that the Bill is a step forward, a brave attempt indeed, in the battle to deter immigrants from entering illegally by streamlining what in reality amounts to a very difficult process. August 2020 saw the appointment of a Royal Marine, Dan O’Mahoney, as the Clandestine Channel Threat Commander. We were given to understand that in this new role Mr O’Mahoney would be leading the UK’s response to tackling illegal attempts to reach the UK. He would have the primary responsibility for making the channel route unviable for small boat crossings. He would collaborate closely with the French to build on the joint work already under way, urgently exploring tougher action in France, including stronger enforcement measures, adopting interceptions at sea and the direct return of boats. The Home Secretary said:

“Dan’s appointment is vital to cutting this route by bringing together all operational partners in the UK and in France”.


It does not seem to be the case. It is now reported that the number of people who crossed the English Channel in small boats last year was treble the number in 2020. According to the BBC, it shows that at least 28,431 migrants made the journey in 2021, despite huge UK hard-earned taxpayer contributions being invested in France to prevent crossings.

Last November, just over 1,000 people reached British shores aboard 33 boats. This wholeheartedly supports my theory of a lack of co-ordination with regard to intelligence and, in particular, the apparent lack of collaboration with French counterparts by Mr O’Mahoney and others. I strongly maintain that until there is proper intelligence co-ordination, particularly with the French—where that is possible, post Brexit—no amount of legislation will solve the illegal immigration problem in respect of the channel crossings, in my humble opinion.

To conclude, the fact remains that, as vigorous as the Bill is in dealing with those who have arrived illegally in the UK, the primary objective of any law enforcement agency must be the prevention of crime at whatever level. In that, I fear, we are being failed at all levels by those entrusted with that task.

Police, Crime, Sentencing and Courts Bill

Lord Davies of Gower Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I begin by calling noble Lords’ attention to my previous service in the Metropolitan Police. I look forward very much to my noble friend Lord Sandhurst’s maiden speech this evening.

I do not need to remind your Lordships that the Bill covers many aspects. In the time allowed, I will dwell, perhaps superficially, on just a few that I feel are particularly noteworthy at this stage. First, I am delighted that the police covenant is to be enshrined in law at long last, ensuring that the police will always have the support of the nation. Having been at the coalface of policing for many years, I think that this is an important step forward in recognising the daily dangers faced by police. I congratulate the Home Secretary on ensuring that police, support staff and the families who stand behind them will all receive that special recognition that they all deserve. This will create a statutory duty to do more to support the police, placing a requirement on the Home Secretary to report annually to Parliament on progress on the covenant and to ensure that it applies to all those currently in, and—I am delighted to say—retired from, policing roles.

Quite apart from the challenges of everyday policing, police officers are governed by a strict discipline code, which rightly imposes a standard of behaviour far in excess of that expected from the rest of society—so I am delighted that the covenant recognises that working within policing comes with a high level of personal accountability, duty and responsibility, requiring courage and personal risk, both on and off duty. Much of this has been on display during the pandemic, which has seen policing challenged and portrayed in an unpopular light at times.

On the issue of assaults on police and other emergency workers, I share the views of the noble Lord, Lord Pannick, in respect of the sentencing policy of courts. Of course, I fully support the increase in sentencing from one to two years; indeed, I would go further and increase it to five years. However, I believe that the important point here is for the courts to use the power of sentencing more effectively as a deterrent. Assaults on police and emergency workers should be viewed as among the more serious offences, but they are often trivialised by ineffective sentences in the courts. Assaults on paramedics, firefighters and police attending emergency calls should and must be dealt with through forceful sentencing. I call on the Ministry of Justice to be firm in its guidance to the courts on this issue.

I turn to another point. The Police Federation of England and Wales has successfully campaigned for a time-limit amendment to be included in the Bill, in respect of disciplinary investigations. I agree with it that, too often, officers are subjected to long and lengthy investigations without just reason. I have witnessed this myself during my police service, and, as the federation rightly points out, it is a common occurrence for officers under investigation to see their cases drag on for longer than one year, with some lasting as long as eight years. Quite apart from the stress, pressures and unjust nature of such prolonged investigation, it is often the case that officers are found to be acting quite properly but have been subjected to a lengthy disturbance of their career path. Therefore, I fully support the Police Federation’s call for a time limit of 12 months for disciplinary proceedings brought against officers to be introduced, excepting of course that there are sometimes circumstances where 12 months might not be possible.

I come to Part 3 and Clauses 55 to 61, which, in essence, introduce changes to the way that protests are policed in England and Wales. This is perhaps not the time to analyse in great depth the arguments for and against—there is little doubt that this aspect of the Bill will create much debate during its journey through your Lordships’ House—that time will come. However, there is little doubt in my mind that the behaviour in recent months of particular groups of demonstrators on the streets of London, and in the vicinity of Parliament more specifically, has established a clear need to distinguish between the rights of demonstrators to demonstrate and the rights of people and businesses to go about their lawful employment without fear and without being obstructed and prevented from doing so.

It is my firm belief that police should be given every tool available to support them in this task, but I fully realise and recognise the need to carefully balance police powers against those very genuine people and organisations that feel the need to have their voices heard—so I look forward to the progress of the Bill, which I will add my voice to as it makes its way through your Lordships’ House.

Police: Body-worn Videos

Lord Davies of Gower Excerpts

Wednesday 7th July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Again, that is a pertinent point. Clearly, every case is different. Police getting evidence to court may well be undermined by material that has been released online beforehand, which may undermine the criminal justice system. A number of factors have to be considered when police are getting evidence to court, but I go back to the point made by the noble Lord, Lord Harris of Haringey: speed is clearly of the essence not only in seeking out justice but in improving public confidence and scrutiny of these issues.

[Lord Davies of Gower (Con)]

My Lords, does my noble friend the Minister agree that early release of material from body-worn videos would play a major role in preventing certain sections of the media and, indeed, politicians of a particular mindset, from jumping in too soon and criticising police action where they have acted appropriately? I cite the Clapham Common vigil as a first-class example.

[Baroness Williams of Trafford (Con)]

My noble friend is right that selective release of video can paint a very different picture from what actually happened. This point has been made again and again. It is absolutely right that these things be released quickly and brought forward in a way that does not undermine the criminal justice system that ensues.

Daniel Morgan Independent Panel Report

Lord Davies of Gower Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I too pay tribute to the family of Daniel Morgan and to the late Paul Flynn MP, who pursued this matter relentlessly on behalf of the family. The failure of the Metropolitan Police to identify and prosecute any person or persons responsible for Daniel Morgan’s death is deeply regrettable, and I extend my heartfelt sympathy to his family. This was clearly a failure of investigative leadership and of others at the top of the organisation.

The Metropolitan Police has been accused in this report of being institutionally corrupt. By definition, an institution consists of those people within it. I was one of them for 32 years, so let me state clearly that I was not corrupt, neither were the tens of thousands of police officers and support staff who I had the privilege of working with over those years. I do not accept, and neither do my former colleagues—including the noble Lord, Lord Blair of Boughton, the former Metropolitan Police Commissioner—that there is any evidence whatever of systematic corruption in the Metropolitan Police, now or previously. The report has failed miserably to substantiate this general allegation, which frankly is a slur on the reputation of those police officers who have so diligently pursued terrorists and organised criminals and who daily face the dangers of policing this great capital. Sadly, I fear the report will be remembered solely for this unfortunate misrepresentation. I ask the Minister to join me in rejecting the baseless allegation of institutional corruption.

[Baroness Williams of Trafford (Con)]

If I can, I will echo the words of my noble friend Lord Davies of Gower. As I said earlier, thousands of police officers patrol the streets of Greater London, putting themselves in danger and helping the lives of the members of the public whom they serve. The Home Secretary is looking into the institutional defensiveness that goes hand in glove with this report, but it is important to remember that we owe an absolute debt of gratitude to the thousands of police officers who keep us safe.

Napier Barracks Asylum Accommodation

Lord Davies of Gower Excerpts

Monday 14th June 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Rosser, we believed that we were taking reasonable steps to give effect to the PHE advice on the steps to make accommodation as safe as possible. The advice that PHE set out was that self-contained accommodation should be used where available but, if not, how non-self-contained accommodation should be used. I have to say that we acted in an unprecedented health pandemic to ensure that asylum seekers were not left destitute. We took steps, in response to advice from health authorities, and have continued to make improvements throughout. In its letter to the chair of the Home Affairs Select Committee, the PHE set out that we have been working with it on Covid matters since spring last year.

[Lord Davies of Gower (Con)]

My Lords, we have heard that the High Court found in the Home Office’s favour in a number of areas, not least in rejecting the claim that conditions at Napier amounted to inhuman or degrading treatment. Surely Napier barracks is nothing less than a distraction from the real issue of the French authorities failing dismally in their duty to protect seaborne migrants by preventing them leaving the safety of French shores. Given the enormous contribution that the British taxpayer is making towards this effort in France, can the Minister give an explanation that I can take back to the many people who are, frankly, baffled by the inadequacies of French law enforcement in preventing migrants crossing the channel?

[Baroness Williams of Trafford (Con)]

I fully concur with my noble friend that any journey across the channel is perilous and, as we have seen on many occasions, leads to people who take those journeys dying or ending up in the sea. The only people who benefit from those journeys are the criminals who facilitate them. We continue to work with the French to ensure that people do not take those journeys from the French coast. To that extent, we hope that things will improve.

Stop and Search

Lord Davies of Gower Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Lord Davies of Gower (Con) [V]]

As a former police officer, I recognise the importance of stop and search as a tool—but training is a recurring theme in the report, which is clear that:

“The results of our review of stop and search records suggests that supervisors need further training on their responsibilities and how best to supervise their officers’ use of stop and search powers.”


It goes on to say:

“Research shows that lasting improvements are only achieved when a force’s culture promotes diversity, inclusion and equality.”


I argue that these ingredients are the responsibility of those at the top and throughout the organisation to develop and engender. Does my noble friend agree that if the police are to rid themselves of accusations of disproportionality, they must first address these training issues at all levels?

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend because good training and, as he said, diversity, with enforcers, should really improve the performance in this area. Training is crucial because, unless these officers are trained, they will not be equipped to deal with these issues.

Operation Midland

Lord Davies of Gower Excerpts

Thursday 11th February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I have met the family of Lord Janner. I am not sure that it would be appropriate at this point to meet Lady Brittan, which does not mean that my sympathy for her is any diminished from what it is for anybody whose family member has been falsely accused of something they did not do.

[Lord Davies of Gower (Con) [V]]

My Lords, I declare an interest as a former Metropolitan Police officer. The inexcusable and hapless supervision of this matter from the very top of a once proud and competent investigative organisation has left a trail of victims feeling very hurt and bitter. Spurred on by unforgivable political interference, those supervising and having overall responsibility for this investigation permitted uncorroborated evidence from a now disgraced fabricator of evidence to be believed and invested in. That fact speaks volumes for the lack of management and detective ability of those at the top of the organisation at the time, who have now been allowed to move on to more prominent roles. Are we to understand that the Home Office, as the lead government department for policing, is content for this stigma to fester; and is it not time to review the downward spiral of detective recruitment and training in the Metropolitan Police?

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that anybody who has been falsely accused or caught up in some of the inadequacies of investigations has my absolute sympathy, because it ruins lives; but in terms of remedy of institutional failures, we currently have the IICSA inquiry, and I hope that that will bring some sort of closure to the families and people affected by those institutional failures.