European Union (Withdrawal) Bill

Lord Hogan-Howe Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[The Earl of Listowel]

My Lords, my name has been added to the amendment in the name of the noble Baroness, Lady Massey of Darwen, and I support every word that she said. Of course, she was chair of the All-Party Parliamentary Group for Children for many years, and had to give up that job because of her new responsibilities in Europe for the welfare of children. So I am sure the Minister will want to pay very close attention to what she has said.

I have a specific question for the Minister. Many foster carers in this country are from continental Europe. We do not know exactly how many, but the European Criminal Records Information System is very useful in ensuring that those interested in preying on children do not move from one country in Europe to another or from continental Europe to this country. The Minister will be aware of recent concerns that people interested in preying on young people in the developing world have been joining charities, for instance. Will he provide the Committee with as much information and detail as possible, given the concerns raised around the Committee this evening on these issues?

I was pleased to hear of the Prime Minister’s speech in Munich. I also recall that two or three years ago, as Home Secretary, she brought in the human trafficking Act, which was an important step forward. I look forward to the Minister’s response.

[Lord Hogan-Howe (CB)]

My Lords, until a short time ago I was Commissioner of the Metropolitan Police, having served for nearly 40 years making arrests and prosecuting people, which I quite enjoyed. I will say a few words about the importance for police officers, in particular in the investigation process, of some of the things that Europe provides and which need to be accommodated in the new arrangements. I worked in South Yorkshire, Merseyside and London and also served as one of Her Majesty’s inspectors looking at serious and organised crime. The Met led the extradition process for the United Kingdom—and still does—and also counterterrorist units, both in this country and with an international dimension, with 50 officers based in embassies around the world.

Many things remained constant in the 40 years that I was an officer, but some things have changed. One of the big changes is the mobility of people across our borders. In London particularly, a high number of foreign national offenders were arrested. The Met still arrests around 225,000 times a year. That is not 225,000 people, because many are arrested more than once. That is probably about 1 million people around the country and one in three of them is a foreign national offender—a very significant proportion of those arrested. Not everybody who is investigated and prosecuted is arrested. Of those in London, 55% are Europeans and 45% are from elsewhere. Both proportions are significant and have to be accommodated.

The ratio which I have described for London differs around the country. In some of our more rural areas there is a very high percentage of foreign national offenders. It varies by part of the country and seasonality. Different times of the year lend themselves to different types of migration. The police investigate very serious offences and more minor ones, but all demand the same level of proper investigation. The process that follows arrest or any investigation is usually similar. The first part is to confirm the identity of the suspect and the second to gather the available criminal intelligence about them. The third is to gather their criminal convictions, where they are recorded, and the fourth is to check on any forensic evidence that might be available for them. Together with the evidence, this forms a substantial part of the case.

One challenge for any investigating officer is that, where there is an arrest, an investigation is time limited. Some 90% of investigations are concluded within 24 hours of an arrest. This can be extended to 36 hours by a superintendent, but the majority of offences are investigated and concluded in the first 24 hours. It is, therefore, vital to gather the four things I have just mentioned fairly quickly. The arrangements we have had with Europe have been substantially better than those we had in the past. When you are investigating an international suspect it is not always easy to gather all that information quickly, but it is often vital that it is gathered before they are released.

For example, if someone has been arrested for rape and has on three previous occasions been arrested for rape in another country but not charged, you would want to know that information before you came to a conclusion about whether there had been consent as regards this particular offence. That is just one example of why this is important.

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[Lord Hogan-Howe]

The noble Baroness is in a far better position than I am to talk about the law, so I am not sure that I am able to say that. We have an extradition treaty with America and many other countries where that type of arrangement is not in place, so I would need to understand why the American model and that of other countries works without the arrangement mentioned by the noble Baroness, and why it has to be in place in Europe. There may be a reason, but I am not aware of it.

[Lord Hamilton of Epsom]

My Lords, before my noble friend the Minister winds up this debate, I would like to address the problem of him being constantly accused of not spelling out the Government’s position. We are mid-negotiations. Surely, if you are negotiating with the EU, it is very difficult to reveal your negotiating position. Our experience of dealing with the EU is that when we start to reveal our negotiating position, it immediately laughs at us and tells us that it is absolutely ridiculous for us to think that we are going to get these concessions, and that we are cherry-picking and want to have our cake and eat it and all this sort of thing. It seems to me that the Government are in a very difficult position. They have to hold this debate because we are processing the Bill through Parliament, but simultaneously we are trying to negotiate with the EU. We cannot reveal our position. The overall position is that nothing is agreed until everything is agreed.