Police Reform and Social Responsibility Bill

Debate between Lord Herbert of South Downs and Yasmin Qureshi

Wednesday 30th March 2011 Commons Chamber

[Nick Herbert]

I will deal with some of these points as I go on.

All that the provision will do is prevent a warrant being issued in cases where there is no realistic prospect of a viable prosecution taking place. It would not, as the right hon. Member for Cynon Valley (Ann Clwyd) claimed when she moved her amendment, give immunity to war criminals. That is not the case.

It has been argued that the consent requirement will lead to delay and allow someone who ought to be prosecuted to leave the country. That is the force of amendment 154. That is a serious point, which the Director of Public Prosecutions addressed when he gave evidence to the Public Bill Committee. I urge those hon. Members who are concerned about the provision to read, if they have not done so already, the DPP’s evidence to the Public Bill Committee, which I believe will give them a great deal of reassurance as to how he would approach the matter.

The DPP is well aware that speed is important in dealing with such applications. He explained that the Crown Prosecution Service has suitably trained staff available around the clock, and they stand ready to act immediately in emergency cases. He also had helpful advice for anyone who wants to pursue a crime of universal jurisdiction, which is that they should not wait until the suspect has arrived here, but should engage early with the CPS. He said that they

“should come to us”—

that is, the CPS—

“with whatever evidence they have, and we will undertake to look at it and to advise.”

It has also been argued, and we have heard this evening, that there is a risk of political interference, given the likelihood that the DPP would consult the Attorney-General.

[Yasmin Qureshi]

rose—

[Nick Herbert]

If the hon. Lady will forgive me, I will not give way; time is short.

I raised such a risk in questioning the DPP, but he made it clear in his evidence that

“the decision is the decision of the Director of Public Prosecutions, taken independently.”

He added that consultation between the DPP and the Attorney-General, which is regular,

“acts as no inhibition on the independence that I would bring to the decision. At the end of the day, the decision is mine, it is independent and it is reviewable.”––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 20 January 2011; c. 124-130.]

As my hon. Friend the Member for Cambridge (Dr Huppert) pointed out, the DPP also said that there are powerful public interest reasons to prosecute in a case that has satisfied the evidential threshold.

The necessity for the provision has been questioned on two grounds. It is said that the sort of people whom it is designed to safeguard are already covered by immunity. Although this is true of some of the visitors against whom arrest warrants have been sought in the past, it is not true of all. Immunity from criminal jurisdiction applies to certain Ministers, and warrants have been sought against Ministers not covered and those who are not Ministers at all.

Police

Debate between Lord Herbert of South Downs and Yasmin Qureshi

Wednesday 9th February 2011 Commons Chamber

[Nick Herbert]

Well, I think it is important that up until the Olympics the pledged sum remains in place in order to ensure security. Such decisions can be taken afterwards.

The Metropolitan police will continue to receive a national, international and capital city grant, recognising the unique duties they perform. It will be worth £200 million next year, although it will be reduced in subsequent years on the same basis as the police main grant.

The Government’s absolute priority is to ensure that the England and Wales police service retains and enhances its ability to protect and serve the public. Understandably, there has been much focus on the impact of the settlement on police numbers. Given the need to reduce public spending, we cannot guarantee the number of police and staff, which had reached record levels—almost 250,000 people—and neither, of course, could the previous Government.

[Yasmin Qureshi (Bolton South East) (Lab)]

The Minister says that the number of police officers will be reduced. Recently, he is supposed to have said that there is no link between the commission of crime and the number of police. Does he still stand by that statement?

[Nick Herbert]

I did not say that; I said there was no simple link, and there is not.

All parties agree with Her Majesty’s inspectorate of constabulary that police forces can make savings of over £1 billion a year while maintaining police availability. However, that will mean smaller police work forces in order to support the £1 billion a year of savings HMIC says can be made, which I do not think the Opposition have understood. That is why I regard it as so unacceptable that the Opposition should campaign on the issue of police numbers when they are committed to cutting spending by over £1 billion a year, which will lead to a reduction in police numbers.

The challenge for the service is to improve efficiency, drive out waste and increase productivity so that front-line policing is prioritised and the service to the public is maintained or improved.