West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024

Lord Lexden Excerpts

Wednesday 13th March 2024 Lords Chamber

[Lord Lexden (Con)]

My Lords, I came slightly late to the debate—for which I apologise—and, because of that, I shall be extremely brief. I have listened to all that has been said. I have looked very carefully at the excellent report by our all-party Select Committee with the noble Lord, Lord Hunt of Wirral, in the chair, and I find it quite impossible to suppress feelings of deep disquiet and concern about the way the Home Office has conducted itself in this matter.

[Baroness Pinnock (LD)]

My Lords, I am very pleased that the noble Lord, Lord Bach, has again brought the attention of this House to this difficult issue.

I want to emphasise just three points. First, in this country, we have a noble approach to policing, which is policing by consent. It seems to me that policing by consent should also include policing by consent of our elected local representatives. In this case, that is clearly not there. All the constituent authorities agreed to oppose this merger—this amalgamation—of the two roles.

My second point is about local accountability. We know that the police service in the West Midlands spends a great deal of local public money, and there ought to be local accountability. I live in West Yorkshire, so I know how this will operate. The elected Mayor of West Yorkshire has also taken over the role of the police and crime commissioner and has appointed an unelected person to fulfil the role of what was formerly an elected police and crime commissioner, at a considerable salary.

The only way that local people can call to account the policing of their area is through the police and crime panel, which, as the Minister read out, has some quite limited powers to do so, including looking at the policing plan, which is drawn together by the police and crime commissioner or the mayor and the chief constable, and checking whether they are fulfilling it. That is inadequate, when those people are seeking to reduce crime and safeguard the lives of local people. Policing by consent has failed in this instance and accountability is totally inadequate.

Operation Conifer

Lord Lexden Excerpts

Monday 11th March 2024 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government whether they plan to appoint a senior lawyer to review the seven allegations against Sir Edward Heath left unresolved at the end of Operation Conifer in 2017.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, the Government have no plans to appoint a senior lawyer to review the outstanding allegations against Sir Edward Heath. It remains for the local police and crime commissioner to consider whether an inquiry, or any other form of further review, is necessary.

[Lord Lexden (Con)]

My Lords, I am accustomed to disappointing replies, but I had hoped for something a little more positive on this occasion. I remind the House of the wide cross-party support that has been expressed on numerous occasions for action to address the grave harm done to the reputation of Sir Edward Heath by the failure of the police investigation in Wiltshire to clear up all the foul allegations made against him long after his death. Is it not important to remember that four of the seven unresolved allegations to which my Question refers could not possibly be true, as I made clear in a debate in January? There is good reason to suppose that the other allegations are also groundless, which is why a limited review of these seven unresolved allegations is imperative.

[Lord Sharpe of Epsom (Con)]

My Lords, in October 2018, the then Home Secretary, Sir Sajid Javid, wrote to Lord Armstrong following a meeting with him and other Peers to discuss Operation Conifer and related matters. In that correspondence, the then Home Secretary wrote:

“As I think you would agree, the real issue here is not so much Operation Conifer itself, but the inconclusive nature of its findings and what you describe as ‘the cloud of suspicion that … continues to hang over Sir Edward Heath’s memory and reputation’ … it is not clear to what extent a further review of the existing evidence by a judge or retired prosecutor would resolve this. It remains my view that the handling of this is properly a matter for the local PCC and that it would not be appropriate for me to seek to persuade him how he should go about it”.


That largely remains the case, and the current Home Secretary wrote in answer to a Parliamentary Question on 7 February that

“the Government has no plans to commission a review of either the conduct of the investigation … or the findings”.

We are aware of no direct precedent for the type of review that my noble friend calls for. However, I am happy to ask officials to look into this to see whether it is either possible or viable, and I will report back in due course.

Sir Edward Heath: Operation Conifer

Lord Lexden Excerpts

Wednesday 17th January 2024 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government whether they will reconsider the case for holding an independent inquiry into the allegations against Sir Edward Heath that remained unresolved at the end of Operation Conifer.

[Lord Lexden (Con)]

My Lords, this short debate is on a subject that I have raised many times in your Lordships’ House through Oral Questions and earlier debates. A grave injustice was inflicted posthumously on Sir Edward Heath, a man appointed by Her late Majesty to the highest order of chivalry as a Knight of the Garter. Ted Heath was accused of a number of child sex offences in 2015, 10 years after his death. The allegations were the subject of an investigation, known as Operation Conifer, which was carried out by the Wiltshire police force.

The operation was led by Wiltshire’s then chief constable, Mike Veale. Last July, Veale was barred from policing for life because of his gross misconduct in Cleveland, where he served as chief constable, albeit briefly, after losing his job in Wiltshire. Can it be seriously supposed that a man condemned in Cleveland for gross misconduct is likely to have met the standards required of an officer of the highest rank when he was in Wiltshire? The Independent Office for Police Conduct found him guilty of making a dishonest statement about the destruction of his mobile telephone at the end of the operation.

I will not dwell in detail on Operation Conifer. It had some very troubling features. When the investigation was in its latter stages, Veale was quoted in a national newspaper as saying that he was “120 per cent” certain that Ted Heath was guilty. A statement by Wiltshire Police that followed was notable for its careful wording. Bias against Ted Heath was evident from the start. One of Veale’s senior officers, Superintendent Sean Memory, spoke in front of TV cameras outside Heath’s former home in Salisbury. The incident, totally unprecedented in police history, I think, quickly became notorious. This is what the superintendent said:

“This is an appeal for victims: in particular, if you have been the victim of any crime from Sir Ted Heath or any historical sexual offence, or you are a witness or you have any information about this, then please come forward”.


Could there have been a clearer indication that Veale and his team deliberately set out to obtain evidence against Sir Edward? Note the use of the loaded term “victim” instead of “complainant”, which the police were supposed to use.

A very long official report was produced at the end of Operation Conifer. It has never seen the light of day. A highly abridged version was published in October 2017, much of it leaked in advance to the press. In this way, the country discovered that Veale had not cleared up all the allegations laid against Sir Edward as a result of the unprecedented TV appeal. Seven of them were unresolved. The truncated report stated that if the former Prime Minister had been alive, he would have been interviewed under caution about the seven allegations. Was this decision appropriate and right? The noble Lord, Lord Macdonald of River Glaven, a former Director of Public Prosecutions who is contributing to this debate, condemned it at the time, saying that the police’s objective was to give

“entirely bogus credibility to their investigation ... The bar for interview is low, in most investigations as low as the police want it to be—and in the case of a dead man, virtually non-existent. They are covering their backs at the expense of a dead man. Shame on them”.”

An independent inquiry led by a retired judge should of course have been set up long ago into this shameful state of affairs, but the Home Office said no. It still says no. It has rejected all the calls that have been made for an independent inquiry, paying no attention whatever to the strong support voiced on all sides in your Lordships’ House, for which I and others seeking justice for Ted Heath are profoundly grateful. The Home Office brings a closed mind to bear on this grave issue. I hoped that a Minister might be appointed to the department who would prise open that closed mind. So far, I have been disappointed. May I ask this afternoon for a clear undertaking that the Hansard report of this debate will be given to the new Home Secretary, accompanied by a request that an independent inquiry should now be held? Perhaps the Home Secretary would circulate a letter with his response to this request to all those taking part in this debate.

The Home Secretary’s predecessors dismissed the calls for an independent inquiry by saying that Operation Conifer was

“subject to considerable external scrutiny”

when the investigation took place. There is truth in that statement. Two official bodies, HM Inspectorate of Constabulary and something called Operation Hydrant, were brought in to review Operation Conifer at the time. A third body was set up specially by Veale. It was called an independent scrutiny panel. He chose its four members. One of them was paid £2,000 to provide professional advice about two of the complainants, but she insisted that her independence was not compromised as a result. The review by HM Inspectorate of Constabulary was concerned solely with the use of the financial resources—some £1.5 million—with which the investigation was equipped. The Operation Conifer report of October 2017 states that the inspectorate

“was not asked to comment on the decision to investigate allegations against Sir Edward Heath”.

This review therefore has no bearing on the matters which would be the subject of an independent inquiry.

Operation Hydrant, on the other hand, is relevant. It brought together some of our most senior police officers to co-ordinate

“multiple non-recent child sexual abuse investigations around the country”,

and Veale was known personally to most if not all of them. A leading expert in police misconduct cases observed at first hand the camaraderie that existed between them, noting

“evidence of undue favouritism towards Veale by his police peers”.

Doubt is bound to exist in the public mind when reviewers are not totally independent from those that they review, and that was the position here. So Operation Hydrant cannot be regarded as an adequate substitute for an inquiry.

That leaves Veale’s independent scrutiny panel. It produced no report—just a four-paragraph statement tacked on to the end of the October 2017 report. Veale and his team provided the panel with briefings, and panel members offered comments and asked questions. They state that they

“endeavoured as best we could, to contribute to the quality of the process”

of investigation, which their short statement praises. All four members of the panel signed confidentiality and non-disclosure agreements. These silent witnesses can therefore provide no help in settling the grave issues to which Operation Conifer gave rise.

What conclusion should be drawn from all this? It could not be clearer. The Home Office should stop using the limited reviews carried out over six years ago, which lacked complete independence, as an excuse for doing nothing today. The department should face up to the fact that Veale, now a completely discredited figure, could well have left the seven unresolved allegations hanging in the air in order to avoid having to admit that a great deal of public money had been spent—some £1.5 million altogether—and much police time employed without achieving anything at all.

The Conifer report of October 2017 states that

“it is critical to stress that no inference of guilt should be drawn from the fact that Sir Edward Heath would have been interviewed under caution”.

What sort of world do they think we are living in? Of course people were bound to make just such an inference. The unresolved allegations placed a cloud of suspicion over a dead statesman. It must be removed.

Has the Home Office studied the seven allegations? They are summarised in the Conifer report of October 2017. They are a strange miscellany. Four relate to the 1960s, one to the 1970s, none to the 1980s and two to the 1990s. Two concern adults, not children. The Edward Heath Charitable Foundation has scrutinised them, drawing on Heath’s private papers, information in the public domain and the results of freedom of information requests. Its analysis shows that four of the seven alleged incidents could not have occurred.

The Home Office has tried to give the impression that only the Wiltshire police and crime commissioner could initiate an independent inquiry. That is not so; the Government have the power to set one up. Do we not owe it to the memory of a dead statesman, the only First Minister of the Crown ever to be accused of serious criminal offences, to get at the truth of this grave matter? Sir Edward Heath has now passed into history. His career will be analysed in detail by professional historians, and the truth about this terrible matter must be available to them. Ted Heath’s honour must be restored by a judicial inquiry, having been sullied by a chief constable found to be unfit for public office.

The independent inquiry into the infamous Operation Midland showed how the police had abused their trust in the way they investigated allegations against two great public figures, Lord Bramall and Lord Brittan. The disgusting allegations against them came from a fantasist, Carl Beech, now serving a long prison sentence. Beech also said grotesque things about Ted Heath that were passed on to Veale. The mistreatment of a third great public servant, who is the subject of this debate, must also go before an independent inquiry.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I am happy to provide my noble friend with that reassurance.

As regards whether I regret that Sir Edward’s memory and legacy have been in some way tarnished, of course I do. I think it is incredibly regrettable, and it is incredibly regrettable that the deranged fantasist was encouraged in the way that he was. However, he is paying the price.

As I have set out, Operation Conifer has been subject to external scrutiny, whether your Lordships agree with that scrutiny or not, and it is the Government’s assessment that there are not currently any grounds for further intervention.

[Lord Lexden (Con)]

My Lords, I do not think it is normal for a debate of this kind to have any final words from the person who introduced it, but I think there is perhaps an expectation that I should do so. It is important that the new Home Secretary studies this most carefully, reading the Hansard, and I hope that we will have a full and considered reply from him. This debate has not only touched on very difficult events and actions but has contained very considerable scrutiny and critique of the grounds on which the Government have previously rejected an inquiry. We need to bring this matter to a conclusion. We must have an inquiry.

House adjourned at 6.30 pm.

Metropolitan Police Reform

Lord Lexden Excerpts

Monday 27th November 2023 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government what assessment they have made of the progress of reform within the Metropolitan Police.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, reform of the Metropolitan Police Service is vital and the Government fully support the commissioner’s plan, A New Met for London. It is the responsibility of His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to assess force performance improvement and for the Mayor of London to hold the commissioner to account for the progress being made.

[Lord Lexden (Con)]

My Lords, I called on the Government exactly a year ago to give Sir Mark Rowley the stronger disciplinary powers for which he was asking in order to root out crime and serious abuse in the Met, which so shocks our country. Instead of taking action, the Government instituted a review. When will Sir Mark finally get the powers he seeks? Must not a thorough clean-up of the Met include calling to account the police officers who failed so grievously during Operation Midland, that infamous investigation that unforgivably hounded two great public servants, Lord Bramall and Lord Brittan? Finally, is it not astonishing that, after several years, the Independent Office for Police Conduct has only now got round to just one serious investigation arising from Operation Midland? That is into the conduct of Mr Steve Rodhouse, the man in charge of the disgraceful operation. On past form, this could drag on for years while Mr Rodhouse enjoys a full salary. Do not those who have suffered deserve better than this?

Asylum Seekers: Sexual Orientation or Gender Identity

Lord Lexden Excerpts

Wednesday 25th October 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am grateful to the noble Lord for giving me sight of his Question in advance. I can assure noble Lords that the cornerstone of the asylum consideration process remains the requirement to establish a well-founded fear of persecution for a reason set out in Article 1A(2) of the 1951 refugee convention and enshrined in last year’s Nationality and Borders Act. There has been no downgrading of the threshold. We do not return asylum seekers to their home countries if their sexuality or gender would place them at risk of future serious harm or persecution. This is of course the principle derived from the case of HJ (Iran), which we discussed during the passage of the Illegal Migration Bill. Nor would we relocate someone to a safe third country if there was a real risk of their suffering serious and irreversible harm if they were removed from the United Kingdom.

[Lord Lexden (Con)]

My Lords, is it not the case that many LGBT people seeking asylum do not have access to legal advice to help them prepare for interviews in which they must explain convincingly why they fear persecution in their own countries? Has the Home Office made any assessment of the impact that speeding up asylum processing will have on those who lack legal advice as they prepare for their interviews?

[Lord Murray of Blidworth (Con)]

Legal advice is certainly an issue we are aware of, and assistance is provided to those making applications. It may be of note to my noble friend that the number of LGB claims in 2022 almost doubled—an 89% increase compared to 2021. Thus, in 2022, 2% of asylum claims in the United Kingdom—1,334 claims—included sexual orientation as part of the basis for the claim. There do not appear to have been any issues concerning representation, given the increase in the number of such claims.

Sir Edward Heath: Operation Conifer

Lord Lexden Excerpts

Tuesday 24th October 2023 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government what plans they have to establish an independent inquiry to review the seven allegations of child sex abuse against Sir Edward Heath left unresolved at the end of Operation Conifer in 2017.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

The Government have no plans to establish an independent inquiry to review the outstanding allegations against Sir Edward Heath. It remains for the local police and crime commissioner to consider whether an inquiry is necessary.

[Lord Lexden (Con)]

My Lords, I first express sincere thanks for the support that I, the noble Lord, Lord Bach, and cross-party allies received from all quarters and parts of this House during the long period before Mike Veale, former chief constable first of Wiltshire and then of Cleveland, was found guilty of gross misconduct and barred from policing for life. In view of that July judgment, is it not imperative to carry out an independent review of the seven allegations made against Sir Edward Heath long after his death, which Veale failed to clear up after a long investigation that one of his officers contemptibly publicised on television in front of Ted Heath’s house in Salisbury? Must there not be a strong suspicion that Veale left these allegations open, neither proved nor disproved, to save face after failing to find a single shred of evidence to support any of the accusations, despite getting his officers to rifle through all of Heath’s private papers, box after box, in the Bodleian Library during an operation that cost over £1 million, paid for by the Home Office?

Finally—I apologise for speaking at some length—do we not owe it to the memory of a dead statesman, the only First Minister of the Crown ever to be suspected of such serious crimes, to get at the truth of this grave matter and settle the doubts created by the disgraced Veale?

[Lord Sharpe of Epsom (Con)]

I agree with my noble friend: it is unfortunate that Operation Conifer was not able to resolve conclusively the position in respect of all the allegations made against Sir Edward. I obviously recognise the House’s desire to find a solution, but the investigation has already been subject to considerable external scrutiny and the Government do not see the grounds for government intervention. The fact that it involved a former Prime Minister does not of itself warrant government intervention. The Operation Conifer summary closure report emphasised that

“no inference of guilt should be drawn from the fact that Sir Edward Heath would have been interviewed under caution”

had he still been alive.

National Crime Agency: Fraud and Economic Crime

Lord Lexden Excerpts

Monday 11th September 2023 Lords Chamber

[Lord Lexden (Con)]

My Lords, would the National Crime Agency not be in a stronger position today had it not appointed as its director-general of operations Mr Steve Rodhouse, who is currently suspended from his normal duties while he is investigated for gross misconduct as head of the infamous Operation Midland, through which our former colleagues Lord Bramall, Lord Brittan and others were hounded mercilessly over allegations made by a fantasist? Is it not shocking that, so far, of all those found culpable by Sir Richard Henriques after his independent inquiry seven years ago, Mr Rodhouse alone has been the subject of a disciplinary process?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a good question. It is one that I am unable to answer; I cannot speculate as to whether it would have had that much operational impact on the National Crime Agency. I go back to the point I made earlier: the NCA is well resourced and its budget has increased year on year since 2019. I do not believe that it should have had any impact, but my noble friend is entitled to his point of view.

Former Chief Constables: Gross Misconduct

Lord Lexden Excerpts

Monday 22nd May 2023 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government how many former chief constables are awaiting police gross misconduct hearings.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, since 2020-21, the Home Office has substantially increased the data that it collects and publishes on police misconduct as part of the police misconduct in England and Wales statistical bulletin. It is working closely with the sector to improve the overall quality and consistency of the data that it collects. This does not include cases which have been referred to misconduct proceedings where those proceedings have not concluded.

[Lord Lexden (Con)]

My Lords, how can it possibly be right for former Chief Constable Mike Veale to have been able to dodge a gross misconduct inquiry in Cleveland for almost two years, while tarnished officers of lesser rank have been brought to account? May I remind the House that arrangements for the Veale hearing in Cleveland were the sole responsibility of a legally qualified chair, whose name is unknown, even though the law does not permit this individual to remain anonymous. What does that say about public accountability of the police in Cleveland? Finally, when I met my noble friend the Minister and Mr Chris Philp, the Policing Minister, recently—I thank them for that meeting—I made it clear that, unless the mysterious chair has now fixed a date for the start of the hearing, I would call on the Government today to use their reserve powers under Sections 79 and 91 of the Police Reform and Social Responsibility Act 2011 to end the impasse. Is it not time that this matter was finally resolved?

[Lord Sharpe of Epsom (Con)]

My Lords, the law is not being flouted. Arrangements for the misconduct hearing of the former Cleveland chief constable Mike Veale are a matter for the Cleveland PCC and not the Government. Any questions regarding who has been appointed as the independent, legally qualified chair would need to be directed to the PCC accordingly. As noble Lords will expect me to say, I will not comment further on that particular case. However, in answer to the second part of my noble friend’s question, I can say that operational policing is, as he knows, not a Home Office matter—it is for chief constables—but he is correct that the Home Secretary has powers under the Police Reform and Social Responsibility Act 2011 to ensure an efficient and effective policing system that protects public safety. That includes the power under Sections 40 and 40A of the Police Act 1996. However, these are for use only when either the police force or the local policing body itself is failing or will fail to discharge its functions in an effective manner. They are very much a last resort, and we do not believe that the current situation in Cleveland requires these powers to be used, as the PCC has appointed an LQC to the panel for Mr Veale’s misconduct hearing.

Economic Crime and Corporate Transparency Bill

Lord Lexden Excerpts

Committee stage
Tuesday 9th May 2023 Grand Committee

Amendment 104 not moved.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

Lord Cromwell, are Amendments 105 and 106 not moved?

[Lord Cromwell (CB)]

My Lords, we had a vigorous debate on Amendments 105 and 106, which attracted a lot of cross-party support. I certainly intend to return on Report and look forward to working with the relevant Minister and other Members of this House to improve on them. We had a certain amount of talk about dogs earlier on this afternoon. I should advise the Committee that my wife tells me that I am a terrier in human form. So, in not moving my amendment, I say to the Minister, very gently and in a friendly way, the words of that old Roman mosaic: “Cave canem—beware of the dog”.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

After the human terrier, we continue.

Amendments 105 to 106B not moved.

Police: Restoring Public Confidence

Lord Lexden Excerpts

Wednesday 3rd May 2023 Grand Committee

Moved by

[Lord Lexden]

That the Grand Committee takes note of the case for restoring public confidence in the police.

[Lord Lexden (Con)]

My Lords, I sought this debate to give your Lordships’ House an opportunity to consider the need to restore confidence in our country’s police forces, which has been seriously weakened in the last few years, and to try to elicit from the Government a clear indication of what they are doing to ensure that the restoration of confidence is successfully accomplished.

How reassuring it would be to the public if the Government produced a coherent action plan showing precisely how they intend to assist the police in regaining public support and meeting new challenges, of which there will be many. So much good would be done if the Government set out in clear language, free from party-political knockabout, their vision of the shape of policing in the future, at a time when technology is developing at a prodigious rate with huge implications for the police, like everyone else. So frequently, any sense of a coherent plan for the future is lost amid a blizzard of statistics and details designed to scotch criticism of some current problem.

Policing in Britain has always rested on public consent. That fundamental principle was laid down by the great Sir Robert Peel when he created the Metropolitan Police nearly two centuries ago. Today, consent no longer seems firmly assured; that should be rectified. Our police forces need to renew their commitment to Peel’s great founding principle.

I am extremely grateful to all those participating in this debate, and I look forward to deepening my understanding of the issues it raises as a result of their contributions. I think it unlikely that we Back-Bench contributors will disagree about the gravity of the position in which the police find themselves today as regards the confidence reposed in them by the public. It is strongly reflected in surveys of public opinion. In 2020, YouGov found that 70% of their respondents thought the police were doing a good job. Last month, 47% held that view—down by nearly a quarter in just three years. Some 53% said they had little or no confidence in the police last month, compared with 38% three years ago—itself an alarmingly high proportion.

Detailed research embodied in a recent publication of the Social Market Foundation found that

“a substantial proportion of the population across England and Wales has little confidence in their local constabularies”,

with fewer than six in 10 believing that the police can be relied on when they are needed. No more than 22%, just over a fifth, felt that the police would be likely to apprehend a burglar, so widespread has become the habit of issuing a crime number for insurance purposes without attempting any serious investigation. It is hard to overestimate the worry caused to so many people by the indifference which tends to be shown by the police to what is termed low-level crime.

Nowhere has confidence in the police fallen more sharply than in London, and nowhere will the decline be harder to reverse. After a succession of the most terrible scandals, how could it be otherwise? The crisis in the capital is bound to occupy a prominent position in this debate, as it should. It is likely to affect confidence in the police throughout the country in view of the widespread coverage of London’s crisis in the national media. The scandals in London have stunned the nation. Criminals have in some number been allowed to wear the policeman’s proud uniform. A few of the policeman criminals have committed the most heinous offences.

The details have been laid bare in all their horror in court cases and in a succession of independent reports, none more shattering than that of the noble Baroness, Lady Casey, published in March. It exposed huge, unforgivable failures in the way that the Metropolitan Police has been managed and run. Awful prejudices and attitudes have been allowed to flourish unchecked for years. The organisation

“has completely lost its way”,

the noble Baroness said in an interview last month, where she spoke passionately about the revulsion she had felt over what had emerged during her year-long inquiry. Her anger is palpable and understandable.

The noble Baroness’s report is packed with horrifying information. The detection rate for rape cases is so low, one police officer told her team,

“you may as well say it’s legal in London”.

More than 1,500 officers have been accused of violent offences against women. Black officers are regularly overlooked for promotion. I do not need to attempt a full summary of the report. The main points are well known.

This great police force has for too long had leaders who tended to look the other way when mistakes were made. Those responsible for the notorious Operation Midland a few years ago hounded two great public servants, Lord Bramall and Lord Brittan, mercilessly. The law was broken when warrants were sought to search their homes. In his thorough independent report on Operation Midland, Sir Richard Henriques listed 43 major police blunders, yet not one police officer has been held to account. Some have been promoted to high rank. The Independent Office for Police Conduct failed in its duty to listen to those who had suffered, like Lord Brittan’s brave widow, Diana. How could public confidence possibly be maintained by such an approach?

Midland had a close relation, Operation Conifer. Both of them were fed by the lies of a fantasist, now serving a long prison sentence. I take the opportunity afforded by this debate to return to it because I feel so strongly and deeply about it. Through Conifer, allegations of child sex abuse against Sir Edward Heath were investigated in Salisbury some 10 years after his death in 2005. No other Prime Minister has ever been accused of grave criminal offences. Clearly, the investigation needed to be handled with care and strict impartiality. Instead, under Mike Veale, then chief constable for Wiltshire, it was conducted with the intention of finding Ted Heath guilty. Not a shred of evidence was found to substantiate the allegations, yet Veale contrived to suggest at the end of the investigation that a few of them might have had some substance, thus overturning the presumption of innocence in a case where a judicial process was impossible.

Prime Ministers are prominent in the history books. As a historian, I find it shocking that no independent inquiry has been held in order to place the truth firmly on the record for all time. It is unconscionable that one of the Crown’s First Ministers should pass into history with even a faint suspicion of wrongdoing because no one in authority today will do anything to help wipe it out. I do not understand how the Government should fail to regard it as an obligation to ensure that posterity has an absolutely accurate account of what occurred.

For me personally, Operation Conifer showed how hard it had become in Britain today to feel full confidence in our police. At least Wiltshire declined to keep Veale after this disgraceful episode. But he found a new berth as chief constable of Cleveland, where he lasted a year before allegations of misconduct forced him to resign. A report by the Independent Office for Police Conduct, after a two-year investigation—no one seems to think it important to move swiftly in these matters—led the police and crime commissioner for Cleveland to announce that Veale would face a hearing for gross misconduct. The announcement was made in August 2021. A year and eight months later, it has yet to start. The Government will not be surprised that I should return to the issue in this debate. Over and again I have been told in Answers to Oral Questions that the matter is under the exclusive control of an independent, legally qualified chair. By law, hearings have to begin no later than 100 days after their announcement, but the chair can delay the start when it is in the interest of justice to do so.

Who is the chair? The person remains anonymous. How are the interests of justice served by delay? No explanation has been given. It would be perfectly understandable if the explanation were couched in general terms so as not to prejudice the case when it is eventually heard. Total silence is astonishing. As they say, you could not make it up. Is it not difficult to feel total confidence in a system which permits a former chief constable, the most senior of policemen, to evade justice for so long for reasons cloaked in secrecy and in circumstances where public accountability is totally lacking?

My noble friend the Minister told the House in March, rather to my surprise, that we were about to meet to discuss this issue. I am due to see Mr Philp, the Policing Minister, but unfortunately dates fixed for this meeting have had to be cancelled because he had pressing business elsewhere. This is perfectly understandable and the meeting is now due to take place on 15 May.

We should note with considerable sympathy the conclusion reached by the highly regarded think tank Policy Exchange, after its research into the work of legally qualified chairs, that,

“having been introduced with the aim of increasing public confidence in the police misconduct process, the experiment is having the opposite effect.”

These chairs play a part in hindering the sweeping changes in the Met—which, in Sir Mark Rowley, at last has a leader determined to root out the criminals in the ranks and punish misconduct. Sir Mark repeatedly makes clear that he needs to get rid of several hundred officers. Policy Exchange recommends that police regulations should be urgently amended, so that the decisions to dismiss officers found guilty of criminality or serious misconduct lie with police chiefs. That is exactly Sir Mark’s view. As he said last month:

“If you expect me to sort out cultural issues in the Met and get rid of the people who should not be employed, give me the power to do it. Can you imagine sitting with the chief executive of a big organisation saying they weren’t allowed to sack certain people”?


Before giving Sir Mark his answer, the Government conducted a four-month review, which began in January. The timetable for action after the completion of the review is unclear. What is clear is that, although Sir Mark has made good progress with the limited powers that he possesses, impatience is mounting for the swift ejection of officers who have no business to be in the police and the restoration of confidence in the Met. It was seen at a meeting of the Commons Home Affairs Select Committee last week.

We must not let Sir Mark down. As he said last week,

“the vast majority of our people are good people”.

They deserve the full esteem that successful policing brings and to be freed from the taint that the presence of a bad minority inevitably inflicts on the entire Met. The bobbies need to be on the beat again throughout London. Policy Exchange is surely right to stress the need to return to a borough-based policing model with chief superintendents leading police teams in every London borough. It is a point that should be noted in all urban areas throughout the country.

Four things above all stand out as we reflect on the strengthening of confidence in our police today. First, there is the need for first-rate chief constables, fully supported by elected police and crime commissioners in charge of efficient, properly accountable offices. Secondly, we need to ensure that effective use is made of the 20,000 additional police now available as a result of the completion of the Government’s recruitment campaign. It is important to remember that we now have more police officers than ever before. Thirdly, there is the need to equip chief police officers with disciplinary powers that are used quickly and effectively but also humanely and wisely. Fourthly, we need to ensure that police forces throughout our country properly reflect the diverse society that Britain has become, with astonishing speed in historical terms, during the last two generations.

--- Later in debate ---

[Lord Lexden (Con)]

My Lords, this has been first and foremost a moving debate, not least because of the contribution of the noble Baroness, Lady O’Loan, on suffering in Northern Ireland, with which, as she knows, I have the deepest personal sympathy. Secondly, it has been a debate in which we have reminded ourselves of past wrongs, particularly those relating to the reputation of Sir Edward Heath—wrongs that await redress and cry out for justice. We do not accept the Government’s view that an independent inquiry is not needed. In this matter, perhaps the case for a police ombudsman, put forward by my noble friend Lord Cormack, is particularly strong.

Thirdly, it has been a debate in which we have noted the malign consequences that have arisen because certain police officers have been determined to protect their own reputations at the expense of justice and the needs of the public. Fourthly, it has been a debate in which we have reminded ourselves of the need to be clear where operational independence of the police begins and ends and where political responsibility starts. Fifthly, it has been a debate in which we have shown overwhelmingly that far-reaching changes are needed, especially in London, where we begin to see the results of the superb leadership of Sir Mark Rowley. He must be given the disciplinary powers that he requires.

Finally, and sixthly, it is a debate in which we have urged the Government to respond with vigour and effectiveness to the crisis of confidence in the police. My noble friend the Minister has told us what the Government are doing. I shall leave noble Lords to form their own judgments about his comments. He can be sure that he remains on probation, as I am sure he would expect. We shall look carefully at his future homework. If change and rigorous policy is pursued before us, it will bring a great prize, to which the noble Baroness, Lady Harris of Richmond, referred: the restoration of full pride in police forces in our country.

Motion agreed.