Independent Police Complaints Commission

Debate between Lord Herbert of South Downs and John McDonnell

Tuesday 15th November 2011 Commons Chamber

[Nick Herbert]

I will come on to that issue.

I would first like to respond to the concerns of the right hon. Member for Tottenham about the proportion of IPCC investigators who come from a police background. He said that about 30% of investigators and about 10% of the IPCC’s staff overall come from a police background. Let us put it the other way around: the vast majority of investigators—70% of them—do not come from a police background. The contribution of those from a law enforcement background is vital in ensuring that the IPCC conducts competent and robust investigations. The idea that the IPCC is an organisation that consists of police officers investigating other police officers is a grotesque caricature, because of its make-up, the way it operates, and the way Parliament established it.

The right hon. Gentleman also raised the issue of the IPCC’s budget. Its budget is some £35 million a year and it employs approximately 400 staff. That does not make it a small organisation by any standards. Shortly before I was elected to the House in March 2005, the IPCC had a total of 72 investigators, deputy senior investigators and senior investigators. In March this year, it had 121 such investigators. Its role has broadened in some respects, but it is not an organisation that has been starved of public funds. Of course the IPCC needs to manage with a diminishing budget during the current period, because all policing organisations have to make savings. Nevertheless, in 2010-11 it started 164 investigations and completed 154, which is more than 50% more than in the previous year. I therefore do not believe that allegations about resourcing can be made about this organisation.

[John McDonnell]

What proportion of complaints lead to managed investigations that are investigated directly by the IPCC?

[Nick Herbert]

I do not have that figure to hand, but I am happy to let the hon. Gentleman have it after the debate. Of course, we have a structured system that ensures that the commission has the overall supervision of complaints, which I will come to, and that it deals directly with the most serious complaints. That is as it should be.

The IPCC will not become complacent, nor will this Government let it. Having made those points to the right hon. Member for Tottenham, I do not want him to think that I am dismissing what he has said. I hope he knows that I am not.

Following four years’ operational experience, the IPCC conducted a review of the police complaints system, the aims of which were to check how well the system was delivering against the original aspirations and to ensure that it continued to improve. The review found that some of the statutory provisions for the handling of complaints were unnecessarily bureaucratic or no longer necessary. Through the Police Reform and Social Responsibility Act 2011, which we have just passed, the Government are introducing reforms that will put an emphasis on police accountability and make the police complaints system more effective and efficient. That will mean giving police forces additional discretion to deal with low-level complaints, which will free up the IPCC to deal with the most serious and high-profile complaints. It is important to distinguish between matters of public concern about performance issues, in which case what often matters is that there is strong police accountability and responsiveness, and those on which there are serious complaints about a breakdown that needs investigating by the commission.

We are giving the IPCC new powers to recommend and direct that unsatisfactory performance proceedings be brought against an officer when a complaint reveals that their performance is unsatisfactory. We are also giving the commission more flexibility in how it carries out its administrative functions, so that it has the freedom to direct more resources to carrying out its investigations. Those changes and others will improve the handling of police complaints by removing bureaucratic processes from the system, but it is important to realise that we are not stopping there.

In July, on the back of the revelations about phone hacking, we announced to Parliament that we would give further consideration to whether the IPCC needed additional powers, including the power to question civilian witnesses during the course of its investigations, and whether it should be given greater powers to investigate institutional failings in police forces. As the right hon. Gentleman mentioned, the IPCC is also in the early stages of a review of its powers, resources and approach in relation to investigations arising from deaths following police contact. That is obviously a very serious issue, and I know the IPCC has been in touch with him, and will keep in touch, about that piece of work. I will take the closest interest in it as well. In addition, we are setting up police and crime commissioners, to be elected a year from today, to hold the police to account.

I also want to respond to the points made about the IPPC’s chairmanship. I am aware of concerns that we do not have a permanent chairman at the moment. We are taking particular care over the position, precisely because it is crucial to ensure the success of the IPCC. A new chair should be in place early in the new year, but until then Len Jackson, a highly effective individual in whom the Government have complete confidence, has agreed to remain interim chair. We are determined to secure the right appointment to the organisation, because we invest considerable importance in its independence and integrity. It has new challenges to meet and old challenges that still have to be met. I accept the right hon. Gentleman’s concern about it, and I want to assure him and the Chair of the Home Affairs Committee that the Government will continue to ensure that the IPCC does the job that it was set up to do—