Police: Pension Rights

Lord Mackenzie of Framwellgate Excerpts

Tuesday 21st March 2017 Lords Chamber

[Baroness Williams of Trafford]

I agree with the noble Lord that, when the facts change, the Government change their mind. That is why in 2016, after decades of widows who remarry not being able to claim the survivor’s pension, the Government did indeed change their mind. The issue of retrospection is something about which no Government have changed their mind.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I declare my interest as a current police pensioner. I have often heard Ministers both in this House and in the other place, and indeed at conferences, committing the Government to giving priority to the victims of crime. Does the Minister agree that in homicide cases the definition of victim by necessity applies to the spouses and partners, in this case of police officers who have died in the line of duty? Is there not therefore a justified need to reflect that in the pension arrangements for those officers?

[Baroness Williams of Trafford]

I certainly recognise the difficulties faced by the families of members of the Armed Forces, the police service and the fire service and how they could be seen as the indirect victims of crime themselves. The noble Lord talks about provisions for death in the line of duty. There most certainly are awards under the police injury benefit arrangements which ensure that higher benefits are payable when an officer is killed in certain circumstances. These are broadly if death resulted while seeking to apprehend a suspect, protecting life, or if the officer was targeted for the reason of being a police officer. I take this opportunity to recognise the incredible public service that police officers, fire officers and our Armed Forces make to public life.

National Identity Cards

Lord Mackenzie of Framwellgate Excerpts

Tuesday 14th March 2017 Lords Chamber

[Baroness Williams of Trafford]

One of the reasons why the Conservative Party opposed identity cards was because of the civil liberties issue which the noble Lord outlined. However, he is absolutely right to point out that the Government should also always be mindful of privacy versus the advances in technology that such information can give us.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, given that most terrorists and professional criminals use multiple identities in committing crime, is it not self-evident that a biometric identity card would be an advantage in changing policy?

[Baroness Williams of Trafford]

My Lords, the biometric card would not be any more robust than some of the systems which we have in place. In fact, there is evidence that it is just as liable to counterfeiting as other methods.

Police National Database: Facial Images

Lord Mackenzie of Framwellgate Excerpts

Thursday 2nd March 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend talks about privacy. If everybody was required to put their passport photographs towards a national database there might be a real issue with privacy. What the Government are trying to do, and my noble friend alluded to it, is to have images on record of people previously convicted of a crime. The custody image review is attempting to get rid of the facial images of those who are not convicted—and I include myself in that. If you have a passport but have not been convicted, I am not sure what benefit your photograph could be to the police national database.

[Lord Mackenzie of Framwellgate (Non-Afl)]

Is this not a matter of balance? Does the Minister agree that the keeping of an innocent person’s image on a database is of far less consequence than being the innocent victim of a violent crime?

[Baroness Williams of Trafford]

The noble Lord is absolutely right: it is a question of balance. It is a balance between enabling the police to do their job and to have a good database of criminals and those who have been convicted but also, as he says, if you are an innocent person, of not having your face on the database.

Passport Applications: Digitisation

Lord Mackenzie of Framwellgate Excerpts

Wednesday 18th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, a dodgy selfie is one that does not meet the rigorous requirements of a passport photo.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, with the increasing threats of terrorism and of identity theft, does the Minister agree that the Question highlights the need for a proper biometric identity card?

[Baroness Williams of Trafford]

The Government have rejected the idea of an identity card, but noble Lords will notice that when they go through passport gates now their face is compared with the photograph on the passport. The machines that do the face recognition, which is a form of biometrics, are very accurate indeed.

Hate Crime

Lord Mackenzie of Framwellgate Excerpts

Tuesday 18th October 2016 Lords Chamber

[Baroness Williams of Trafford]

I agree with the noble Lord, as I often do, that religious literacy in all aspects of society—particularly through the media—is incredibly important and something that schools can promote through PSHE. The Government have made a number of funding streams available in order for people to not only discuss what unites them in terms of their religions but celebrate what is different about them. That celebration is a good thing.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, does the Minister agree that one action the Government could take to possibly reduce hate crime is to make an early announcement that all those who were lawfully living here before Brexit are allowed to remain?

[Baroness Williams of Trafford]

I think the Government have made that quite clear: people who live here are quite welcome in this country and we will abide by our obligations, unless other EU states change their position.

Police: Officer Offences

Lord Mackenzie of Framwellgate Excerpts

Thursday 19th November 2015 Lords Chamber

[Lord Bates]

I certainly do share the noble Baroness’s concern about that. The College of Policing, which was set up to raise standards in this very important area, has said that in all but the most exceptional circumstances it would not expect anybody with any conviction, except the most minor conviction perhaps committed in their youth, to be on the force. Therefore, the type of circumstances that the noble Baroness refers to should not arise. Of course, one issue is that, because of the particular legal entity of a police constable, it is a matter for the local constabulary to act upon that, and we very much hope that they will.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, is the Minister aware that when I joined the police service, many decades ago now, each applicant had to be fully vetted? As well as that, the applicant’s spouse and family were also vetted. I noticed recently that pass-holders on the Parliamentary Estate are also required to go through a similar strict vetting procedure. Does the Minister draw any conclusion from that?

[Lord Bates]

We draw the conclusion that that needs to be improved. We recognise that. That is one reason why the College of Policing has introduced a new code about how vetting is undertaken. At the moment, it is done on a constabulary by constabulary basis and there are differences. We want best practice across all constabularies. A new authorised, professional standard of vetting is being issued and is expected to be introduced across all the constabularies in the country.

Police: Cuts

Lord Mackenzie of Framwellgate Excerpts

Wednesday 28th October 2015 Lords Chamber

[Lord Bates]

As the noble Lord will be aware, there is a National Crime Agency, an ongoing security and defence review of our capabilities, and a policing college, which is sharing best practice. In terms of what we believe, we share the view of Her Majesty’s Inspectorate of Constabulary, which found that significant further savings were still to be made by reorganising the way in which services are delivered—by getting more co-operation between the blue line services and sharing back-office functions. There are ways of protecting the front line while making significant savings in administration. That is what the Inspectorate of Constabulary found and we agree with it.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords—

[Lord Paddick (LD)]

My Lords—

Police Federation (Amendment) Regulations 2015

Lord Mackenzie of Framwellgate Excerpts

Wednesday 15th July 2015 Lords Chamber

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I rise in support of the Motion moved by the noble Baroness, Lady Harris. I declare an interest as a former member of the Police Federation—which every officer is, as the noble Baroness said—and also as a former president of the Police Superintendents’ Association of England and Wales. It concerns me that a police service that is held in very high regard throughout the world is to some extent being trampled into the ground. The police service lost the right to take industrial action in 1919. It does not seek to have the right to strike, but since it does not have that right, it is entitled to expect fair treatment.

The Police Federation has not been perfect. It has made mistakes—we acknowledge that, and the police service will acknowledge that. However, this regulation goes a step too far, as the noble Baroness, Lady Harris, pointed out. It is probably reasonable to give officers the option of whether to join the Police Federation, which at the moment is not the case: it is a closed shop. Whether officers should have to pay dues is a difficult issue, because funding is critical for the federation to do its job of representing its members in legal cases and going round the country doing what it does.

Crucially, the police are in such a position that they have to be treated fairly by the Government. I know that there have been one or two skirmishes with the Government—I am thinking of Downing Street-gate, as it is called—and I hope that this is not simply revenge for that type of incident. The police service is far too important for this type of trivia to be brought upon the Police Federation with that purpose in mind.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

Perhaps the reason why there was some confusion on my part is that that is how it works now. There is no change. The noble Lord is perhaps pursuing a line that is actually currently the way it works. Perhaps I can move on, given the lateness of the hour, and answer some of the other questions. I assure him once again that if there is anything I have missed, I will seek to write to cover those points.

The noble Lord, Lord Rosser, also asked whether an officer could still receive benefit if they choose not to pay a subscription, and whether it was in the gift of the federation to decide whether it supports non-paying members. Prior to this arrangement, it was possible for an officer to withhold payment of their subscription, and as a result they were entitled only to a limited number of benefits, dictated entirely by the federation. It is entirely in the gift of the federation to determine what benefits it would provide to members who opt out of paying subscriptions.

The noble Lord, Lord Rosser, said that the PFEW is unique, in that members can access services as soon as they opt in. Yes, the PFEW is unique and police officers cannot join a union. As I said in my main contribution, the PFEW is the only organisation they can join in the rank and file and it is absolutely right that police officers, who do a unique job, have arrangements that give them access to strong representation.

The noble Lord, Lord Rosser, asked what the reference to “each new member” meant in new Regulation 4A(b). The reference is to a new member of the police force, not to a new member of the PFEW. The noble Lord asked other questions and I will seek to review the comments that have been made.

The Government of course value the incredible contribution that police officers up and down the country make and the vital role they fulfil. The relationship between the Home Office and the police remains very strong. It is a constructive relationship, and as I have said on several occasions this evening, it is the Government’s view that it is important for the Police Federation to earn the confidence of officers in order to make the best use of members’ subscriptions and represent them with transparency and integrity. The changes made by the Police Federation (Amendment) Regulations 2015 will assist in that.

The noble Lord Mackenzie asked about the recent PFEW survey and evidence that government policy is leading to low morale among officers. I assure him and all noble Lords that the Government are determined to ensure that policing remains a rewarding, professional and respected career, and our reforms are certainly seeking to achieve just that. Part of that is ensuring that the Police Federation represents its members with both integrity and transparency. I have already spoken about the Government’s strong support for our police forces.

We believe that the changes made by the Police Federation (Amendment) Regulations 2015 will assist the federation in ultimately regaining the trust of its members and indeed the public.

[Lord Mackenzie of Framwellgate]

Before the Minister sits down, will he confirm that similar provisions do not apply to the Police Superintendents’ Association, which was established at exactly the same time in 1919? Will he also confirm that the Ministry of Defence Police Federation has a specific provision in its rules that says it will not provide assistance for people who join the organisation for any incident that applied prior to joining, which is exactly the opposite of what is going to apply to the national Police Federation?

[Lord Ahmad of Wimbledon]

I am sure that the noble Lord is well versed in what he has just quoted. In terms of confirming what he just said, I will write to him.

Queen’s Speech

Lord Mackenzie of Framwellgate Excerpts

Tuesday 2nd June 2015 Lords Chamber

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I rise to speak on the provisions of the gracious Speech relating to home affairs. I welcome new legislation to modernise the law on communications data. We live in a global digital age, and many criminal acts of both serious organised crime and terrorism are prepared, planned and executed by using social media and information technology that was unheard of a few years ago. In extreme cases, in the public interest and to protect the values we cherish, it has always been possible, in certain circumstances and with proper oversight, to read someone’s letter or to intercept their telephone conversation. The difficulty is that modern encryption methods are now so sophisticated that such data are difficult to decipher, and I welcome steps to ensure that they can be understood where doing so is necessary to prevent serious crime or to protect the public. Surely we cannot allow people conspiring to commit mass murder to hide behind encryption, any more than we would prevent the SAS storming a foreign embassy harbouring terrorists who are holding hostages. In times of crisis, when national security is at risk, privacy should take second place to the national interest.

It is also necessary to ensure that communications companies retain data records long enough for the police and security services to discover within a reasonable time who was contacting whom, at what location and at what time. Those are critical tools in a modern democracy and a very dangerous world. As always, of course, there must be a sensible balance between such powers and the right to privacy and liberty, and I have little doubt that this House will play its part in ensuring a proper balance in the public interest. I do not believe it does credit to dub these measures a “snoopers’ charter”, as some describe them. Such reasonable measures are no more than putting necessary investigatory powers in a modern setting for the purpose of disrupting terrorist plots, criminal networks and organised child grooming.

I was interested to read last week that the number of people falling victim to identity theft has risen by almost a third in 12 months. Identity theft allows fraudsters to open bank accounts, obtain credit cards and commit fraud in other people’s names. This amounted to more than 32,000 victims in the first three months of 2015.

Of course, there is a measure which would have helped to stem this attack by professional criminals on hard-working families and that is the introduction of a biometric identity card, which, because of the use of unique foolproof identifiers, would make such crimes that much more difficult to commit. Clearly the chances of this type of fraud have now substantially increased, and that illustrates the need to use modern technology, as we have with DNA, to combat such escalating crime.

Another measure mentioned in the gracious Speech is the proposal to introduce a blanket ban on the new generation of psychoactive drugs. As the former head of the drug squad in my old force in Durham, I have seen young lives destroyed by drugs and I welcome these proposed measures. Those manufacturing and dealing in such destructive substances have been ingenious in always being ahead of the law enforcement agencies by changing very slightly the chemical make-up of these so-called “legal high” substances. It is right that such dealers in death should be visited with substantial sentences of up to seven years in prison.

In conclusion, I want to say a word about the police and the victims of crime. I still believe that we have the most respected police service in the world but, having lost more than 17,000 officers since the recession of 2008, the police representative bodies and some chief officers have understandably warned about the dire consequences of even more cuts to budgets. The Home Secretary recently warned the Police Federation to stop crying wolf, praying in aid the continued fall in reported crime, which incidentally has happened across many countries throughout Europe.

What has to be remembered is that investigating recordable crime represents only about a third of what the police do. As a service of first response, they spend much more of their time assisting the public in other ways: dealing with domestic disputes; handling drunken disorder on the streets; responding to accidents on the roads, in factories and in the home; dealing with fly tipping and litter; dealing with cycling on footpaths and jumping red lights; handling child abuse, people trafficking and drugs; and of course providing an essential reassuring presence in neighbourhoods, which is so important. If police numbers are reduced too far, these are the areas where it is increasingly felt.

Since I was a ground police officer, the number of beat bobbies has reduced dramatically. Why is that? As noble Lords know, we now have cybercrime units, internet child exploitation teams, victim support units and family liaison officers. There has also been an explosion in the number of reported sexual crimes following Savile. All crimes require witnesses to give evidence. The most important witness in any crime, provided they are still alive, is the victim, and I note that one of the measures announced in the gracious Speech is to increase the rights of victims of crime, which I applaud.

Finally, all these matters require men and women to respond in a timely manner, so, at the risk of being accused of crying wolf, I ask the Minister to take the message back to the Government that even the apparently omnipotent police service has its limits and they should not stretch the thin blue line to breaking point.

Police and Crime Commissioners

Lord Mackenzie of Framwellgate Excerpts

Wednesday 3rd December 2014 Lords Chamber

[Lord Bates]

Of course, because they are now elected and accountable, they can be referred to the Independent Police Complaints Commission. Previously, the chairs of police authorities could not be referred to that organisation, so it is a step forward.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, given that one of the key reasons for appointing police and crime commissioners was that it was alleged that the chairmen of police authorities were not identifiable and that nobody knew them, is there any evidence that members of the public actually know who police and crime commissioners are?

[Lord Bates]

A few people in South Yorkshire might know who Shaun Wright is. The South Yorkshire chief constable, who gave evidence before the Home Affairs Select Committee, said that during his seven years he could not remember the name of either of the chairs of the police authority that he had had, but I am sure that he knows the names of Shaun Wright and his successor.