Criminal Justice and Courts Bill

Lord Paddick Excerpts

Monday 14th July 2014 Lords Chamber

[Lord Condon (CB)]

My Lords, I declare my interests in policing as a member of the Association of Chief Police Officers, and as a former commissioner and senior police officer. I first congratulate the Government on its resolve to deal with police corruption, past and present. Many wrongs have been righted that were long overdue. However, I share the reservations expressed by the noble Lords, Lord Blair and Lord Dear, on Clause 23, and expressed by the noble Lord, Lord Blair, on Clause 24.

The challenge in dealing with police corruption is not the absence of relevant offences; it has always been the inability to establish credible, usable evidence of such behaviour. A new offence does not mean that the job is done and police corruption is ticked off the list of things to do. The fight against police corruption requires a well resourced and confident Independent Police Complaints Commission; profound ongoing ethical and cultural change in the police service, as suggested by the noble Lord, Lord Dear; and vigilance that is sustained at all times, not just at the point of a particular scandal. All I ask the Minister to acknowledge on Clause 23 is that it is but a small piece of a much larger endeavour, which seeks to sustain and improve ethical policing, and deal with police corruption.

During my time in your Lordships’ House I have heard from all sides, and from the noble Lord, Lord Blair, that symbolic legislation is rarely good legislation. Clause 24, which my name is attached to in questioning, feels like a piece of symbolic, public relations legislation. There is no evidence that judges do not view the murder of police or prison officers with the upmost seriousness and sentence accordingly. I share the same concern articulated by the noble Lord, Lord Blair. The clause means well, and I thank the Government for it, but I am not being patronising in saying I hope they have thought through what could be the extreme implications of it. It may be only rare cases, but I fear that a criminal on the run who has—or believes he has—murdered a police officer has nothing more to fear if whole life sentences are in place. With a warped mind in such circumstances, they might seek to shoot, stab or bludgeon their way out of an arrest scenario—or seek suicide by policeman, as mentioned by the noble Lord, Lord Blair.

I do not feel strongly opposed to either of these clauses, but I have reservations relating to Clause 23, for the reasons I have said. I have a nagging fear that Clause 24 could have a perverse effect. All I seek from the Minister at this point is whether there has been sufficient consultation with the police service, as currently organised and led, relating to Clause 24. Can he reassure me that my fears are perhaps old fashioned and outdated?

[Lord Paddick (LD)]

My Lords, I briefly rise to support the noble Lords, Lord Blair and Lord Dear, on Clause 23. I spoke on this issue at Second Reading. I do not want to repeat what the noble Lords have already said very clearly and eloquently, but one of the reasons that was given for this new piece of legislation was that it would include the corrupt activities of police officers while off duty. However, in the Plebgate case, to which the noble Lord, Lord Blair, has already referred, one officer has been successfully prosecuted and jailed for misconduct in a public office. That officer was not on duty at the time of the offence—indeed, he was not even at the scene of the event. Therefore, I should like to hear from the Minister in what way this new legislation adds to the offence that is already successfully used to prosecute police officers for misconduct in a public office.

The noble Lord, Lord Dear, has a distinguished record in tackling police corruption, particularly in relation to the West Midlands serious crime squad. I believe that if the noble Lord is opposing Clause 23 then the Minister should listen very carefully to what he has to say.

I could not put the reasons for opposing Clause 24 any better than the noble Lords, Lord Blair and Lord Condon. The arguments that they have put forward are compelling. If a series of former senior police officers in this House are saying that the provisions of Clause 24 are both unnecessary and dangerous, I respectfully suggest that my noble friend the Minister should listen.

[Lord Kennedy of Southwark]

My Lords, like other noble Lords, I want to speak to both Clauses 23 and 24 to aid your Lordships’ House.

The Opposition cannot support the noble Lords, Lord Blair, Lord Dear, Lord Condon and Lord Paddick, in opposing Clause 23. I have heard very clearly the points that they have made concerning police officers being public servants with special provisions being made for them. They are obviously highly respected individuals and public servants but, with that, they carry great responsibility and great power. Where those officers exercise that power or privilege improperly, there can be tremendous consequences for the individuals concerned. That is the concern that we have on these Benches and it is why we will support the clause as it stands.

Moving on to Clause 24, the murder of a police officer is of course a most serious crime, and it is right that anyone killing a police officer in the course of their duty should receive a substantial jail term. This clause would make that a whole life term. My colleagues in the other place supported the Government, as we do today on the Opposition Front Bench. The noble Lords, Lord Blair, Lord Condon and Lord Dear, have all been senior police officers and have all expressed grave reservations about this provision, saying that it is unnecessary. Like the noble Lord, Lord Paddick, I very much hope that the Minister will meet the noble Lords and other representatives and look at this issue very carefully. The last thing that anyone wants to do is to agree to a Bill that puts more people’s lives at risk. I am very worried about that. We must look carefully at what they have said and talk to them about this issue because it would be madness to do anything else.

These are very difficult issues. Obviously everyone wants to root out corruption at any level. Regarding Clause 23, the consequences for the victims of police corruption are very serious.