Police, Crime, Sentencing and Courts Bill

Debate between Lord Hope of Craighead and Baroness Williams of Trafford

Lords Hansard - part one & Committee stage
Wednesday 3rd November 2021 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I support these amendments as well. I look at the situation from an unusual perspective and with the unusual experience of sitting as the senior judge in Scotland in a criminal appeal. It was a case of murder, and I was not able—because I was sitting in a court where all the evidence was already out—to develop what was at the back of my mind, which was that the police had identified the wrong individual, who was then accused and convicted. I will not go into the facts of the case for obvious reasons, but it struck me that the court at that late stage was powerless to deal with what I thought had not been a frank and fair police investigation. I make that point simply because stages are reached where the situation is beyond recall, but I was deeply disturbed by what had happened in that case and could not do anything about it. So I welcome the steps that are being taken to improve the standard of candour among the police at all stages in the investigation of crime and its aftermath.

[Baroness Williams of Trafford (Con)]

My Lords, I commend the noble Lord, Lord Paddick, for once again sharing his experiences with the Committee in moving his amendment and the noble Lord, Lord Rosser, for tabling his. The noble and learned Lord, Lord Thomas of Cwmgiedd, summed it up very well: we have not got to the end of the road. The noble Lord, Lord Pannick, also challenged me about what the Government are going to do. I hope I can explain to both noble Lords how we are going to get to the end of the road and what we are going to do.

Noble Lords have rightly highlighted the very important fact of transparency within police forces and prosecuting authorities when dealing with victims of crime and their families. I totally agree with noble Lords about the importance of placing this at the heart of engaging and supporting victims and their families and, as we have talked about so much over the last week or so, the importance of regaining trust in the system.

There are a number of areas where the Government have already made progress and where work is ongoing to improve integrity and transparency in policing. In relation to the amendment in the name of the noble Lord, Lord Rosser, it is worth highlighting the introduction of the College of Policing’s statutory code of ethics in 2014, which makes clear the requirement on all officers to act within their powers and with integrity.

In February last year, we amended the policing standards of professional behaviour to make it clear that failing to co-operate as witnesses in investigations and inquiries can be a disciplinary matter. This means that there is now a clear framework in place to hold officers to account where they fail to reach the high standards the public expect of them. Ultimately, a significant breach can mean that an officer is dismissed and placed on the barred list. The noble Lord, Lord Paddick, rightly asked me why no officer had been disciplined following the Daniel Morgan independent panel. The IOPC is still considering that, so we could still get a call-in referral. On the failure to co-operate, those regulations have been in force since February 2020, so anything before that would be difficult to enforce.

I turn to the concept of a duty of candour. Like the noble Lord, Lord Rosser, I pay tribute to the bereaved families and survivors of the Hillsborough disaster, who have campaigned for a statutory requirement for candour in public life. This idea, as noble Lords have said, was also endorsed by the Daniel Morgan Independent Panel as a means of ensuring that law enforcement agencies are fully transparent with the public.

It is absolutely right that the Government carefully consider the arguments made around the duty of candour. This is not the first discussion we have had about it in this Chamber. There is ongoing work across government, and we continue to work closely with our partners to carefully consider all the points of learning in Bishop James Jones’s report concerning the bereaved Hillsborough families’ experiences and from the Daniel Morgan Independent Panel report. Before we respond to Bishop James Jones’s report, we believe it is important that the families have an opportunity to share their views, as it is critical that the lessons that can be learned from their experiences are not lost. We hope to do that as soon as is practicable. The Home Secretary has committed to updating Parliament in due course on the Daniel Morgan Independent Panel report.

I fully understand and empathise with the interest in the introduction of the duty of candour. The Government have already made significant changes to ensure that officers can be disciplined if they mislead the public, and we are committed to properly consider and respond to the recommendations for a duty of candour, as highlighted in Bishop James Jones’s report.

I hope that, having had the opportunity to debate this and given the work that is ongoing, the noble Lord will be happy to withdraw his amendment.

Extradition Arrangements: European Union Member States

Debate between Lord Hope of Craighead and Baroness Williams of Trafford

Wednesday 13th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can certainly assure my noble friend that the principle of proportionality is implemented in UK law through Sections 2, 12A and 21A of the Extradition Act 2003. It enshrines the principle of proportionality, which allows the UK to reject warrants where extradition would not be proportionate to the alleged conduct or where other, less intrusive measures could be used to progress an investigation. This is a much-needed improvement on the previous arrangements.

[Lord Hope of Craighead (CB) [V]]

My Lords, what steps have been taken to identify and appoint those persons who are to serve as our representatives on the very important specialised committee to which Article 83 of the “Surrender” part of the trade and co-operation agreement refers?

[Baroness Williams of Trafford]

I will have to get back to the noble and learned Lord because I do not know where that is up to.