Police Misconduct Cases

Lord Sharpe of Epsom Excerpts

Monday 6th February 2023 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what assessment they have made of the work of legally qualified chairs in police misconduct cases.

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

My Lords, the Government have launched a review into the process of police officer dismissals to ensure that the system is fair and effective and removes those who are not fit to serve. This will include an assessment of the composition of misconduct panels, including the impact of the role of legally qualified chairs.

[Lord Lexden (Con)]

My Lords, is it not astonishing and deeply disturbing that in Cleveland, a legally qualified chair whose name is unknown to the public is holding up a gross misconduct hearing, announced in August 2021, at which Mike Veale, the discredited policeman who besmirched the reputation of Sir Edward Heath, will finally be called to account? When asked about this, Ministers say that an anonymous chair may delay proceedings when it is in the interests of justice to do so. They also say that it would be inappropriate to comment further since proceedings are ongoing. Proceedings are not ongoing—they have not even started. How can it possibly be in the interests of justice to delay indefinitely this hearing while giving no explanation at all as to the reasons? The Home Office will surely have made full inquiries about this matter since I have raised it several times. What does my noble friend have to say about the extraordinary state of affairs in Cleveland?

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid that I will have to go over old ground. The arrangements for the misconduct hearing of the former chief constable Mike Veale are a matter for the Cleveland police and crime commissioner, and the management of the hearing itself is the responsibility of the independent legally qualified chair appointed to it. My noble friend is right that legally qualified chairs must commence a hearing within 100 days of an officer being provided with a notice referring them to proceedings, but this period may be extended when a legally qualified chair considers that it is in the interests of justice to do so. I am afraid that I will have to repeat the old mantra that it would be inappropriate to comment further while these proceedings remain ongoing.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, given that the Leicestershire PCC, Mr Matthews, refused the chair of the panel’s request for Mr Veale to be interviewed by the panel, as the law demands he should be, what is HMG’s view of Mr Veale’s resignation last week from his post as interim chief executive officer of the OPCC?

[Lord Sharpe of Epsom (Con)]

My Lords, the appointment of staff is a matter for police and crime commissioners but, as the noble Lord is right to point out, they are required by legislation to seek the views of their police and crime panel when appointing to senior positions within their office. I note Mr Veale’s resignation but the Home Office has no role in such appointments and it would therefore be inappropriate for me to comment on this matter directly.

[Lord German (LD)]

My Lords, in matters of police misconduct, there is a delicate balance to be drawn between local accountability and local flexibility on the one hand and consistency in dealing with these cases on the other. Does the Minister agree with the inspectorate that there is a need to standardise decision-making processes when dealing with misconduct, and do the Government accept all the recommendations contained in the An Inspection of Vetting, Misconduct, and Misogyny in the Police Service report?

[Lord Sharpe of Epsom (Con)]

My Lords, on the latter point, I think the police forces have accepted all the recommendations. As regards the consistency of decision-making, that is one of the things that the dismissal review panel is going to consider. The first term of reference is to:

“Understand the consistency of decision-making at both hearings and accelerated hearings”,


so the answer is yes.

[Viscount Hailsham (Con)]

My Lords, I declare an interest as a legal assessor for regulatory panels. My noble friend will know that Parliament has established an independent regulatory panel in respect of almost every profession that exists. Those regulatory panels have the power to make interim orders of conditions and suspension when appropriate, and they can very often make their interim order within a few days of the referral of the complaint. Should the police not consider that model?

[Lord Sharpe of Epsom (Con)]

My Lords, again, I refer my noble friend back to the fact that the dismissal review is ongoing. It would be foolish of me to pre-empt the outcome of the review’s findings.

[Lord Hunt of Kings Heath (Lab)]

My Lords, in the circumstances of the case raised by the noble Lord, is the Minister saying, in effect, that there are absolutely no circumstances under which the Home Office will intervene, even though this case is continuing not to be dealt with, month after month? He will know that under Section 40 of the Police Act 1996, the Home Secretary can intervene if a PCC is not being effective. Why will the Home Secretary not intervene?

[Lord Sharpe of Epsom (Con)]

My Lords, as I say, I am unable to comment on ongoing cases. I know that irritates the House and I apologise for doing so, but there are specific circumstances which make me unable to comment.

[Lord Howell of Guildford (Con)]

My Lords, it is now almost two and a half years since the Independent Office for Police Conduct found sufficient evidence for there to be a misconduct hearing. I see that the Government cannot intervene in police conduct itself but will they encourage the police to speed up the handling of these misconduct hearings, which have now drifted on for so long and so inadequately?

[Lord Sharpe of Epsom (Con)]

My noble friend makes an extremely good point. I certainly encourage them to speed this up. Having said that, this is a particular case. It is considered to be in the interests of justice for the legally qualified chair to go beyond the normal 100 days. Beyond that, I cannot go.

[Lord Harris of Haringey (Lab)]

My Lords, the noble Lord, Lord Lexden, twice said that the legally qualified chair in this case was anonymous. That is not universally the case. In many other forces, legally qualified chairs are named. Indeed, proceedings describe who is on the panel. Why is Cleveland different?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not know.

[Lord Cormack (Con)]

My Lords, can my noble friend find out and tell the House? Does he not realise that every answer that he has given in this stonewalling performance has been utterly unsatisfactory? He has made the Home Office seem completely impotent. At the very least, we need to know who this anonymous man or woman is.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for not accusing me this week of being incompetent, at least. I will do my very best to find out the answer to that question.

[Lord Reid of Cardowan (Lab)]

My Lords, would the Minister like to address the question asked by my noble friend Lord Hunt? It was not about an ongoing investigation. It was a point of principle. Does he accept that there are circumstances under which the Home Secretary can carry out an investigation under the statutory powers already available? As a matter of principle, does he accept that?

[Lord Sharpe of Epsom (Con)]

As a matter of principle, yes, I do.

[Lord Pearson of Rannoch (Non-Afl)]

Do the Government agree that the chairmen and members of police misconduct panels should never be open to any suggestion of conflict of interest arising from their previous careers?

[Lord Sharpe of Epsom (Con)]

Yes, of course I accept that.

[Lord Campbell of Pittenweem (LD)]

My Lords, is it not possible for the Secretary of State to carry out the implementation of what is being delayed? Why is it not being done now?

[Lord Sharpe of Epsom (Con)]

My Lords, I am unable to comment on ongoing cases.

[Lord Hunt of Wirral (Con)]

My Lords, I declare my interests as set out in the register, particularly as past chairman of the Sir Edward Heath Charitable Foundation. None of this would have happened if the disgraced policeman, Mike Veale, had faced an independent inquiry into his witch hunt against the late Sir Edward Heath, as this House has repeatedly demanded. The Home Office keeps referring to all these inquiries, but they were all carried out by the police themselves, marking their own homework, and are no substitute for a judge-led review of how the good name of a distinguished former Prime Minister was deliberately besmirched—at great cost to the taxpayer.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend. He makes some extremely good points, which I will take back.

Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code H) Order 2023

Lord Sharpe of Epsom Excerpts

Monday 6th February 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Order laid before the House on 12 December 2022 be approved. Considered in Grand Committee on 31 January

Motion agreed.

Hillsborough Families Report: National Police Response

Lord Sharpe of Epsom Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, 97 people lost their lives as a result of what happened at Hillsborough on that terrible, awful day 34 years ago. We must never forget what followed: a shameful cover-up of the truth by the police and others, and decades of families, their supporters and the community having to fight and campaign to uncover what actually happened. We again salute their courage. Five years after Bishop Jones’s report, The Patronising Disposition of Unaccountable Power: A Report to Ensure the Pain and Suffering of the Hillsborough Families is not Repeated, why is there still no government response? Can the Minister give us a categoric statement today? When will we get that government response and end the shameful and unacceptable wait for a response to the bishop’s recommendations?

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

My Lords, I agree with the noble Lord that Hillsborough was an awful and devastating tragedy, and its impact is still felt today, especially by the families and the bereaved. My thoughts are with them.

As regards the report, the noble Lord is right: it was published a number of years ago. For the first four years there were criminal proceedings ongoing, and it was felt that it would be inappropriate to publish a response while those proceedings were ongoing. My right honourable friend in the other place, the Policing Minister, yesterday committed that the Government’s response will be published in full in the spring—he has not yet been more specific than that. He has also committed to speed up the work being done on this, and there are still ongoing consultations with the bereaved families.

[Lord Addington (LD)]

My Lords, Hillsborough almost matches my time in this Chamber; it has been there as a constant for nearly 34 years. The fact that the police apologised publicly yesterday was a major step forward, but when it comes to a response in the spring, is there anybody in this Chamber who does not know that spring usually means autumn, at best? Can we not do a little better than that and give a firm date for this to occur, or at least a maximum deadline so that we can actually have some closure on this, which all those involved deserve?

[Lord Sharpe of Epsom (Con)]

My Lords, I am sorry, but I am unable to go further than the Policing Minister in the other place.

[Baroness O'Loan (CB)]

My Lords, it is more than 18 months since the Daniel Morgan panel, which I chaired, published its report. We recommended a statutory duty of candour to be owed by all law enforcement agencies to those whom they serve, subject to the protection of national security and relevant data protection legislation. The Government owe a response not only to the Hillsborough families who have waited so long but to the family of Daniel Morgan, who have waited a very long time. Is our recommendation for a statutory duty of candour, which would be binding on police and law enforcement agencies, part of the Government’s plan?

[Lord Sharpe of Epsom (Con)]

As part of the February 2020 integrity reforms, the Government introduced a statutory duty of co-operation for police officers, which provided clarity on the responsibility to participate openly and professionally as a witness in various circumstances, including in the misconduct of others. The noble Baroness is quite right to bring up the Daniel Morgan Independent Panel report, which obviously considers this matter fully, and the Government will take its recommendations into account.

[The Lord Bishop of Manchester]

My Lords, I echo tributes to my friend, the former Bishop of Liverpool. As a young priest 34 years ago, I was summoned to Hillsborough to support bereaved families in the immediate aftermath. That the Hillsborough families were not fully consulted in October last year when the Home Office announced an independent review is, I fear, deeply regrettable. Will the Minister now commit to ensuring that the Hillsborough families remain consulted, engaged and at the heart of the Government’s response from this point on?

[Lord Sharpe of Epsom (Con)]

I think the right reverend Prelate is referring to the pathology review. It was announced in October 2022; the terms of reference were published then, in response to a point of learning from the former Bishop of Liverpool’s findings on the experiences at Hillsborough. The review is led by Mr Glenn Taylor, an independent forensic scientist and an expert with extensive experience in death certification. It has been paused while the families are consulted; they felt—and it was felt—that they deserved more input into this.

[Baroness Berridge (Con)]

My Lords, it has been 34 years since this happened and many other institutions are now involved, such as the Independent Office for Police Conduct and the IPSO. Can my noble friend the Minister outline whose responsibility it is now to ensure that this does not happen again, and to walk back through the whole process to check that the institutions we now have in place would have prevented this happening in the first place and could prevent a tragedy of this scale happening today?

[Lord Sharpe of Epsom (Con)]

My Lords, I think we should also refer to the fact that safety in stadiums has improved dramatically, so one would hope that the circumstances in which this tragedy occurred would not be able to happen in quite the same way—which is not to say it might not happen. The culture of policing has come under considerable scrutiny in the last few weeks. I welcome the police’s apology for the actions they have taken, and I am assured—and convinced—that they are making the right responses and taking this as seriously as it deserves.

[Lord Blunkett (Lab)]

My Lords, Members will be aware that I represented the constituency that covered the ground, and I reinforce what my noble friend Lord Coaker said. I ask the Government to help bring closure for the families and communities most affected after 34 years. I would like the Minister to draw to his ministerial friends’ attention the fact that my noble friend Lord Wills brought forward a Private Member’s Bill in this House that did not progress, but that might be returned to and help in this process.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for that, and I agree: the families and the bereaved definitely deserve closure. Whether they will ever truly achieve it, I do not know. I will certainly reflect on that and take it back to my ministerial colleagues.

[Lord Cormack (Con)]

My Lords, we owe it to our former colleague the former Bishop of Liverpool to give a formal, firm government response very soon. I completely understand why my noble friend was not able to go beyond what was said in the other place yesterday, when he was answering the noble Lord, Lord Addington. But the noble Lord had a very real point. Will the Minister please go back to his department and say, “Can we please have a date? Be it 1 May or 1 June, can we have a date very soon?”.

[Lord Sharpe of Epsom (Con)]

I agree with my noble friend and, of course, the noble Lord, Lord Addington. It would be preferable if I were able to state a date. I am not, but I will certainly take the noble Lord’s concerns back and ask the department to firm up on this. I stress, though, that the Policing Minister in the other place has committed to speeding this process up.

[Lord Paddick (LD)]

My Lords, to go back to the question asked by the noble Baroness, Lady O’Loan, with trust and confidence in the police at historically low levels, why did the Government oppose placing a clear, simple and easily understood statutory duty of candour on the police in primary legislation, as exists for the NHS? A statutory duty of co-operation in secondary legislation is not the same thing.

[Lord Sharpe of Epsom (Con)]

My Lords, I appreciate that point, but the former Bishop of Liverpool’s report is being considered. We will publish our full response in due course, and I am quite sure that the duty of candour will form part of that response.

[Lord Bellingham (Con)]

My Lords, the bishop’s report made it very clear that when it came to the first round of inquests, the families could not secure legal aid, whereas all the public bodies were publicly funded in their legal applications. When can we expect equality of legal arms when it comes to these sorts of inquests?

[Lord Sharpe of Epsom (Con)]

My noble friend asks a very good question, and I am happy to say that some of the initiatives that have been taken support the sorts of things he is talking about—for example, the removal of means testing for exceptional case funding to cover legal support for families at an inquest. That broadens the scope and access for families. We have also refreshed the Guide to Coroner Services for Bereaved People. I hope that goes some way to answering my noble friend’s question.

[Baroness Chakrabarti (Lab)]

My Lords, it goes some way but, sadly, not far enough. It should not be a matter of exceptional case funding, should it? If public authorities are funding themselves and the police are funded, why should the bereaved families, in any situation and in any inquest, not be funded at a matched level?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I agree with the noble Baroness, and I will take that suggestion back.

Metropolitan Police: Criminality

Lord Sharpe of Epsom Excerpts

Wednesday 1st February 2023 Lords Chamber

[Lord Lexden]

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

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

My Lords, the Home Office publishes regular statistics on criminal proceedings against police officers and has commissioned HMICFRS to review countercorruption arrangements, including those of the Metropolitan Police. Part 2 of the Angiolini inquiry will look at tackling the causes of police criminality and misconduct and, more broadly, police culture. The Home Secretary is clear that the Metropolitan Police must redouble its efforts to root out corrupt officers to prevent the kinds of shocking cases we have seen recently.

[Lord Lexden (Con)]

My Lords, are we not agreed across the House that urgent action is needed to enable Sir Mark Rowley, the courageous Metropolitan Police Commissioner, to boot out the many criminals and incompetents in the Met, while acknowledging, of course, the dedicated service provided by the majority of officers? How can this urgent action be reconciled with a leisurely four-month Home Office review, whose terms of reference took several weeks to be agreed? The department says it needs evidence; is not the evidence provided by the continuing supply of shocking cases that emerge? Sir Mark has said that

“we have hundreds in policing who shouldn’t be here”.

Give him the means to clean up the Met, and give it to him now.

[Lord Sharpe of Epsom (Con)]

My Lords, my noble friend refers to the review of police officer dismissals that was announced by the Home Secretary on 17 January, when she published the terms of reference. That will include a consideration of the merits of a presumption for disciplinary action against officers found to have committed a criminal offence while serving in the police. Of course, the review was set up partly in response to the comments that Sir Mark has previously made, and partly in response to the interim review of the Casey report. It would be irresponsible not to collect the appropriate evidence before making these very important decisions.

[Lord Hogan-Howe (CB)]

My Lords, the noble Lord, Lord Lexden, is quite right to raise the urgency of these terrible cases. Will the Minister reassure us that the review being carried out will consider the most radical measures? One thing that I have become convinced of over the past 15 years is that the office of constable is more a bar to excluding the bad than it is about protecting the good. A constable’s employment rights are protected by secondary legislation, which includes the ability of lawyers in the employment tribunal process within the police. Home Office guidance establishes that when dismissing an officer the standard of proof should not be just the balance of probabilities but should travel towards beyond reasonable doubt. Both those measures do not help to get rid of the difficult officers that the noble Lord and Sir Mark have mentioned. Both those things should change. By all means, give officers access to employment tribunals, which, frankly, they can get through other means anyway.

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for that and defer to his extensive experience. One of the things that the review is doing is looking at whether the current three-stage performance system is effective, which will obviously have to take into account some of the things that the noble Lord has just raised. I should have said in my earlier answer that the review has a time limit of four months on it. Obviously, that time is ticking, and the terms of reference were announced a couple of weeks ago.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, your Lordships’ House will share the views of most right-thinking members of the public in condemning the crimes committed by the officers who were mentioned in the debate—the abhorrent crimes of David Carrick. There are clearly faults in the vetting system and in the complaints investigation system. Will the Minister say whether in the case of an officer in force X who is found to have had an allegation made against him in force Y, where he lives, there is a duty on force Y to inform his employer—that is, force X— of the complaint?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have the answer to that question and will have to find out and come back to the noble Lord. I would say that the IOPC is capable of investigating these allegations without having been notified by the officer’s force.

[The Lord Bishop of Manchester]

My Lords, this is more than a series of bad apples; I am sure that there is something rotten in the culture and structures in policing that comprehensively and immediately needs to be addressed. We have the nine turnaround priorities that the new police commissioner has set out. Can the Minister set out how the Government will assist with and ensure those priorities are realised as a matter of urgency?

[Lord Sharpe of Epsom (Con)]

In my original Answer, I referred to part 2 of the Angiolini inquiry. I met Lady Angiolini last week and she made it clear that police culture will form a critical part of her investigations in part 2. The formal consultation on the terms of reference for part 2 opened earlier this month and will conclude, I think, on 24 February. Noble Lords are welcome to contribute to that consultation process. I am sorry for the long answer, but I shall go on a little. The inquiry will consider whether vetting and recruitment processes do enough to identify those in policing who are not fit to serve. It will investigate the extent to which misogynistic and predatory behaviour exists in police culture and look at whether current measures do enough to keep women safe, particularly in public spaces.

[Lord Addington (LD)]

My Lords, will the Minister give us a firm undertaking that any investigation will not be hampered by a lack of resources? If we do not have that, it does not really matter what we do.

[Lord Sharpe of Epsom (Con)]

I am happy to give that undertaking.

[Lord Coaker (Lab)]

My Lords, given the important Question asked by the noble Lord, Lord Lexden, which concerns us all, and the concerns that have been raised in this Chamber, how on earth is it possible to read in the papers this morning the headline: “Retired rogue police invited to come back and fill vacancies”? Reported figures show that 99 recently retired officers who had retired under investigation for misconduct had been invited back; and 253 officers who had received warnings at misconduct hearings were invited to return. How on earth does that restore public confidence in the police?

[Lord Sharpe of Epsom (Con)]

I have not read the story to which the noble Lord refers, so I cannot comment specifically, but certainly superficially, I agree it does not restore confidence.

[Lord Bellingham (Con)]

My Lords, at a time when public confidence in policing is at this low level, will the Minister examine the role of the 200 or so staff networks, many of which are blurring the line between policing and politics? I refer not to the Police Federation but to organisations such as the Green Police Network, the police vegan network and the National Association of Muslim Police, which has been known to criticise the Government’s Prevent programme. Is it not critical that police officers stick to operational duties rather than interfering in politics, and leave the latter to politicians?

[Lord Sharpe of Epsom (Con)]

My Lords, policemen should be able to express their opinions on these matters, as we all do, but I will certainly take my noble friend’s points away, do some more investigating and reflect on them back at the department.

[Lord Morse (CB)]

My Lords, does the Minister recognise that there is a significant cultural dimension to this issue? Understandably, as a body, the police have a deeply defensive and internally focused culture. Simply picking malefactors out of that body will not solve the fact that there is a deep-rooted cultural issue. In my view, deep-rooted cultural change is needed to change the culture of the police force so that it is not as defensively minded as it appears to be at the moment.

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point. I have already expressed that the Angiolini inquiry will look into all aspects of that culture. This is also a useful time to remind all of us that the vast majority of serving policemen do an exceptional job and deserve our thanks and praise.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the “spy cops” undercover policing inquiry that is going on at the moment has taken years. It is a classic case of police forces covering up former crimes. What makes the Minister think the inquiry he mentioned will be any different?

[Lord Sharpe of Epsom (Con)]

There are very specific circumstances surrounding the undercover inquiry to which the noble Baroness refers. She is right that it has gone on for too long; unfortunately, it looks like it is going to continue to go on for quite a long time. As regards this inquiry, I have every confidence that Lady Angiolini—as I say, I met her last week—will be rigorous; she has been up to now.

[Lord Hutton of Furness (Lab)]

My Lords, can the Minister tell us how many more criminal prosecutions are pending against serving Metropolitan Police officers?

[Lord Sharpe of Epsom (Con)]

I am afraid that I do not have that statistic to hand, but I do have some others.

[Noble Lords]

Oh!

[Lord Sharpe of Epsom (Con)]

I promise noble Lords that this is a better answer than it sounds. The latest data shows that 83 criminal proceedings relating to police officer misconduct were finalised in 2021-22, but of misconduct cases commenced after 1 February 2020, when new regulations came into effect, 68 resulted in the officer being found guilty; there was a change to the way in which the statistics are collected.

Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code H) Order 2023

Lord Sharpe of Epsom Excerpts

Tuesday 31st January 2023 Grand Committee

Moved by

[Lord Sharpe of Epsom]

That the Grand Committee do consider the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code H) Order 2023.

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

My Lords, this order was laid before this House on 12 December. Following the horrific terrorist attack at Fishmongers’ Hall in November 2019, the then Home Secretary commissioned the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, to review the Multi Agency Public Protection Arrangements, commonly referred to as MAPPA, used to supervise terrorist and terrorist-risk offenders on licence in the community. The Police, Crime, Sentencing and Courts Act 2022, hereafter referred to as the 2022 Act, established three new powers for counterterrorism policing: a personal search power, a premises search power and a power of urgent arrest. These powers were established in response to recommendations made by Mr Hall KC following his review of MAPPA.

This order relates to the new power of urgent arrest, which was inserted into the Terrorism Act 2000 as new Section 43B of that Act by the 2022 Act. The new arrest power came into force on 28 June last year. The Government have also taken this opportunity to make a small number of updates to the code to reflect changes previously made by primary legislation, including ensuring that relevant terminology within the code is up to date.

As set out by the Government during the passage of the 2022 Act, the new power of urgent arrest applies across the UK. The power enables the police to arrest without warrant a terrorist or terrorism-connected offender who has been released on licence and is suspected to have breached their licence conditions when it is considered necessary, for purposes connected with protecting members of the public from a terrorism risk, to detain the offender until a recall decision is made.

Section 66 of the Police and Criminal Evidence Act 1984, commonly referred to as PACE, requires the Secretary of State to issue codes of practice in connection with the exercise by police officers of statutory powers to arrest a person and the detention, treatment, questioning and identification of persons by police officers. We have prepared a revised PACE Code H, which relates to the detention and treatment of people arrested under the Terrorism Act 2000; it applies across England and Wales. This order seeks Parliament’s approval to bring the revised code of practice into force.

The primary update to PACE Code H is the incorporation of the new urgent arrest power provided for by Section 43B of the Terrorism Act 2000. A terrorist offender who is detained under new Section 43B must, unless recalled to prison or otherwise detained under any other power, be released if a decision is made not to revoke their licence and accordingly the offender is not recalled to prison. A terrorist offender must also be released from police detention if a recall decision has not been made by the end of the relevant period, which in relation to terrorist offenders who have been released on licence under the law of England and Wales is six hours, beginning with the time of the arrest.

The Government have updated PACE Code H to reflect this new arrest power, including by ensuring that there is clarity for the police on the length of time for which the terrorist offender on licence can be detained, and their rights upon first being detained, such as their right to have one named person informed of their whereabouts and their right to consult and communicate privately with a solicitor. The revised PACE Code H also reflects that there is no requirement to caution a terrorist offender on licence who is arrested under Section 43B, as they will not have been arrested on suspicion of committing a criminal offence and so will not be questioned or interviewed by the police under caution while being detained under this power. The Government plan to collect data from police forces on the use of this targeted power, as we routinely do for other police arrest powers, and make this data publicly available through future statistical publications.

The Government have also updated PACE Code H to reflect other changes already made to primary legislation by the Counter-Terrorism and Border Security Act 2019, hereafter referred to as the 2019 Act. The 2019 Act amended provisions in Schedule 8 to the Terrorism Act 2000 to specify in the legislation that, on first being detained, a detainee must be informed of their rights to inform a named person of their detention and consult a solicitor. The 2019 Act replaced provisions in Schedule 8 that would enable a senior officer, in certain exceptional circumstances, to direct that the detainee has to consult their solicitor in the sight and hearing of another officer with one whereby a senior officer can, in these exceptional circumstances, require the detainee to consult a different solicitor of the detainee’s choosing.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we support this statutory instrument, which revises the PACE code of practice H to reflect the introduction of a new power of urgent arrest by the Police, Crime, Sentencing and Courts Act 2022. As the Minister outlined, this power enables the police to arrest without warrant and detain a previous terrorism or terrorism-connected offender who is suspected of presenting a further terrorism risk to the public. It also updates Code H to reflect changes made by the Counter-Terrorism and Border Security Act 2019.

As the noble Lord said, the horror of the attack at Fishmongers’ Hall in 2019 and a subsequent attack in Streatham is a reminder of the harm that terrorist-risk offenders are capable of. Following these attacks, the Government commissioned the Independent Reviewer of Terrorism Legislation, Jonathan Hall, to review MAPPA, which is used to supervise such terrorist and terrorist-risk offenders. The creation of the power of urgent arrest was recommended as part of this review.

We supported the introduction of this power during the passage of the PCSC Act and we support it now. We believe it is vital to have the right safeguards in place. With the introduction of such powers comes the possibility of unintended consequences or missed opportunities. I look forward to the Independent Reviewer of Terrorism Legislation considering the effect of the introduction of these powers, as well as the other new powers introduced to improve the management of terrorist offenders on licence, and the 2019 powers that Code H now includes.

I was just reflecting on my memory of the attack in Streatham, which is not that far from where I live. I have no inside information on it other than what I read, but I read in the papers various bits of speculation about the officers who were tracking that terrorist offender, who was out on licence; they observed a crime being committed and intervened, and the offender was killed. The speculation I read in the press was about how that process was managed and the huge resource-intensiveness of tracking such people when they are out on licence. Can the Minister say anything about whether this change to the codes of practice within Code H is partly a result of the large resource implications of tracking such offenders when they are out on licence? However, we support the changes.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank both noble Lords for their contributions.

The noble Lord, Lord German, asked me, first, in essence, where is the guidance for the police pre arrest? Of course, the guidance is operational in nature, so it will be issued by Counter Terrorism Policing and the College of Policing, which will issue it internally. Any guidance for officers is of a highly tactical and operational nature and will therefore obviously have to sit within the police’s own guidance rather than a government-issued code of practice.

On how to determine whether an individual is on licence for a terrorist offence, this will be understood through close working by Counter Terrorism Policing and the Prison and Probation Service, which will include information-sharing and briefing about terrorist offenders on licence. If they breach their licence and are recalled, a warrant will be out for their arrest. Obviously, policemen can find out whether an offender is out on licence by checking their details on the police national computer, which will flag it.

In answer to the noble Lord, Lord Ponsonby, about potential operational constraints on the police because of potentially large numbers involved, obviously, I hope that there will not be a large number of people subject to these powers, but I am quite sure that if Counter Terrorism Policing and more routine and—shall we say, traditional?—policing come up against capacity issues, we will certainly hear about it and come back to debate this in further detail. I fear that I cannot supply any better detail than that at this point. However, I will have a dig and, if I can find anything, I shall come back to the noble Lord in writing, if that is acceptable.

[Lord German (LD)]

Just before the Minister moves on, reflecting on the answer he just gave me about the internal guidance, is that guidance publicly available? If so, has it already been written and where can we find it?

[Lord Sharpe of Epsom (Con)]

I do not know whether it is publicly available; I am afraid I shall have to find that out as well and come back to the noble Lord. I should be somewhat surprised if it is, but you never know.

In closing, I reiterate that this order provides for the revised PACE Code H, which relates to the detention and treatment of people arrested under the Terrorism Act 2000 and applies across England and Wales, to be brought into force. This revised PACE Code H will govern the fundamental principles to be observed by the police when exercising the new urgent arrest power in Section 43B of the Terrorism Act 2000 and will help preserve the effectiveness of and public confidence in the use of police powers of arrest. The updated code will also reflect various changes made to primary legislation by the 2019 Act, as well as other minor updates to ensure that the terminology in PACE Code H is up to date with wider legislative changes. I can pre-empt writing a letter to the noble Lord, Lord German: I fear the guidance is for internal police use only, so it is not public. That said, I thank both noble Lords for their broad support for this SI and I commend it.

Motion agreed.

National Security Bill

Lord Sharpe of Epsom Excerpts

Monday 30th January 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 16, Schedule 1, Clauses 17 to 23, Schedule 2, Clause 24, Schedule 3, Clause 25, Schedule 4, Clause 26, Schedule 5, Clause 27, Schedule 6, Clauses 28 to 39, Schedule 7, Clauses 40 to 43, Schedule 8, Clauses 44 to 51, Schedule 9, Clauses 52 to 54, Schedule 10, Clauses 55 to 58, Schedule 11, Clause 59, Schedule 12, Clauses 60 to 65, Schedule 13, Clauses 66 to 70, Schedule 14, Clauses 71 to 73, Schedule 15, Clauses 74 to 88, Schedule 16, Clauses 89 to 92, Schedule 17, Clauses 93 to 100, Title.

Motion agreed.

Public Order Bill

Lord Sharpe of Epsom Excerpts

Report stage
Monday 30th January 2023 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I just gently remind the House of the rules of debate on Report, which say:

“On Report, no Lords Member may speak more than once to an amendment, except: the mover of the amendment”.


Intervening repeatedly on other Members is not really in keeping with the rules of debate on Report.

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

My Lords, at Second Reading and in Committee there was much discussion on the meaning of “serious disruption”, and many noble Lords spoke to the need to provide a clear definition in the Bill. I thank all noble Lords who have participated in what has been a fascinating debate. At Second Reading, I agreed with many of the comments made by your Lordships and committed to take the matter away. What we are debating today is the matter of thresholds, as all noble Lords who spoke noted. The debate is not about whether these measures ban protests: quite simply, they do not, and I thank the noble Lord, Lord Coaker, for his comments emphasising that fact. We are trying to ascertain the point to which protesters can disrupt the lives of the general public. This Government’s position is clear: we are on the side of the public.

I thank the noble Lord, Lord Coaker, for tabling his amendment, which provides a definition of “serious disruption” for offences in the Bill. I agree with the purpose of his amendment but do not believe that the threshold is appropriate. The Government want to protect the rights of the public to go about their daily lives without let or hindrance. I do not believe that his amendment supports this aim; therefore, I cannot support it. I make no secret of what the Government are trying to do. We are listening to the public, who are fed up with seeing, day after day, protesters blocking roads: they make children late for school; they make people miss hospital appointments; and they make small businesses struggle. Any change in law must address this, and I do not believe that the noble’s Lord’s proposed threshold does.

In this vein, I turn to the amendments tabled by the noble and learned Lord, Lord Hope of Craighead, which also provide a definition of “serious disruption”, but for the specific offences of locking on, tunnelling and causing disruption by being present in a tunnel. His amendments follow the judgment handed down by the Court of Appeal following the Colston statue case. The court found that the right to protest does not extend to acts of criminal damage that are violent or where the damage is to more than a minor or trivial degree:

“We cannot conceive that the Convention could be used to protect from prosecution and conviction those who damage private property to any degree than is other than trivial.”


We agree with the judiciary and believe that this threshold should be consistent across the statute book. Although the court concerned itself with the matter of damage to private property, the same principles apply to obstructing the public from enjoying their right to go about their business without hindrance. That is why the Government support the noble and learned Lord’s amendments; I am very pleased we were able to surprise him in that regard. They provide a threshold for “serious disruption” that is rooted in case law. I thank him for tabling this amendment and, indeed, for explaining it in such a detailed and precise way. It provides both clarity to the law and a threshold that addresses the public’s frustration with disruptive protests.

I will now speak to government Amendments 48 and 49. The Commissioner of the Metropolitan Police Service has asked for further legislative clarity on police powers to manage public processions and assemblies. These powers are conferred by Section 12 of the Public Order Act 1986 for processions and Section 14 for assemblies. They allow the police to place reasonable and necessary conditions on protests to prevent specific harms from occurring. One of these harms is

“serious disruption to the life of the community”.

These two amendments provide clarity to this phrase for both Sections 12 and 14. The noble Lord, Lord Paddick, was quite right in anticipating that I would be quoting Sir Mark Rowley, who said:

“I welcome the Government’s proposal to introduce a legal definition of ‘serious disruption’ and ‘reasonable excuse’. In practical terms, Parliament providing such clarity will create a clearer line for police to enforce when protests impact upon others who simply wish to go about their lawful business.”


These amendments, supported by the police, prioritise the rights of the law-abiding majority. First, they carry over the noble and learned Lord’s definition of “serious disruption”. Secondly, they define the meaning of “community”. Thirdly, the police may consider the absolute impact of the disruption caused to the public. Fourthly, they allow the police to consider the cumulative disruption caused by protests. Finally, they allow the officer responsible for managing the protest to place conditions on more than one connected procession or assembly. In answer to the comments of the noble Lord, Lord Paddick, that these are too complicated, I say that the Home Office will work closely with the NPCC and the College of Policing to ensure that appropriate guidance and training are developed. Mirroring the definition of the noble and learned Lord, Lord Hope, will provide consistency across the statute book. As I have said, this is welcomed by the police. I point out that the definition specifies that the disruption is caused by physical means only.

The noble Lord, Lord Coaker, raised in the Policy Exchange paper the use of “minor” in the definition. These amendments protect the daily activities of the public; it is clear that the public are fed up with the disruption caused by protesters, and that is what these amendments address. Many protests that do not disrupt the lives of others occur on a regular basis. The noble Lord, Lord Hogan-Howe, made a very good point: that we should not allow the protesters themselves to determine the scale of disruption. Many protesters are able to express themselves and place pressure for change without blocking roads.

Currently the term “community” is undefined. The police should be able to use their powers to protect anyone who is detrimentally impacted by serious disruption from protests, not just those who live, work or access amenities where the protest occurs. The police must consider the absolute disruption caused to the public, as opposed to the disruption relative to what is typical for an area. The measure will give officers the confidence that they can use to respond to disruptive protests, even in areas routinely subject to spontaneous disruption such as traffic jams. To prioritise the rights of the public, the amendment allows the police to consider the cumulative impact of protests and separate protests. It is wrong that the public must repeatedly put up with disruptive protests, in part because each time there is a new protest, the police must consider the level of disruption afresh and in isolation from what has previously happened and what may be planned. If multiple protests cumulatively ruin the daily activities of a community, they must be considered collectively. Following from this, if the police are to manage the collective impact of protests, they must be able to apply the conditions on separate but connected protests. For example, a large protest campaign made up of multiple small protests that disrupt a large area should be subject to blanket conditions. Allowing the police to consider the cumulative impact of protests by requiring them to manage each individually complicates the operational response unnecessarily. Collectively, these measures will allow the police to protect the public from the disruptive minority who use tactics such as blocking roads and slow walks. The public are clear that they want the police to protect them from these tactics. In turn, the police have asked for clarity and law to confidently and quickly take action and make arrests where appropriate. The Government have listened to both, and I hope this House does the same and supports the amendment.

I will speak collectively to the amendments tabled by the noble Lord, Lord Paddick. These measures do two things to the locking-on and tunnelling offences. First, they lower the threshold of the offence so that acts capable of causing serious disruption are not in scope. Secondly, they alter the mens rea so that only intentional acts, and not reckless ones, are in scope of the offence. It is clear that the public do not want to see police officers sit by while criminal protesters disrupt their lives; lowering the threshold would mean that the police will have to do so. Why should an officer stand by and watch someone lock on or dig a tunnel that is clearly going to cause serious disruption to the public? As for the mens rea, as I have said already, the Government are concerned with the disruption caused to the public. It does not matter whether it is caused recklessly or intentionally; what matters is the impact it has on people’s daily lives. For all these reasons, I encourage all noble Lords to support the amendments in the name of the noble and learned Lord, Lord Hope, and those by the Government and reject the others.

[Baroness Butler-Sloss (CB)]

Can the Minister deal with the issue of “be capable of causing” as opposed to actual disruption?

[Lord Sharpe of Epsom (Con)]

I did deal with that when I was talking a little about the tunnelling and locking-on offences. Why should the officer stand by and watch someone lock on or dig a tunnel that is clearly going to cause, or be capable of causing, serious disruption to the public? Certainly in terms of tunnelling, I think that is very clear.

--- Later in debate ---

Moved by

[Lord Sharpe of Epsom]

21: Clause 4, page 3, line 28, after “a” insert “relevant”
Member's explanatory statement
This amendment and the amendments in the name of Lord Sharpe of Epsom at page 4, line 14 and page 4, line 15 provide that the offence in Clause 4 may be committed only in relation to a tunnel that was created for the purposes of, or in connection with, a protest.

--- Later in debate ---

Moved by

[Lord Sharpe of Epsom]

29: Clause 4, page 4, line 14, at end insert—
“(5A) In this section “relevant tunnel” means a tunnel that was created for the purposes of, or in connection with, a protest (and it does not matter whether an offence has been committed under section 3 in relation to the creation of the tunnel).”Member's explanatory statement
See the amendment in the name of Lord Sharpe of Epsom at page 3, line 28.

--- Later in debate ---

Moved by

[Lord Sharpe of Epsom]

30: Clause 4, page 4, leave out line 15 and insert “References in this section to the creation of an excavation include—”
Member's explanatory statement
See the amendment in the name of Lord Sharpe of Epsom at page 3, line 28.

Public Order Bill

Lord Sharpe of Epsom Excerpts

Report stage
Monday 30th January 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been a wide-ranging and fascinating debate, and some would say that this may be the House of Lords at its best.

I shall first address the amendments moved by the noble Baroness, Lady Morrissey. She has come late to the party, and I have to say that I think that her amendments have suffered for that reason. Her amendments have not been tested against the Human Rights Act in any way; we do not know what the House of Commons would think about them, and we do not know what the Supreme Court would think about them. Of course, that is in contrast to Amendment 45, where we have a good view of the House of Commons’ likely view, as well as that of the Supreme Court, and as far as we know it is HRA compliant. So I think the noble Baroness has difficulties with her amendments.

The noble Lord, Lord Farmer, spoke to his Amendment 44 and spoke about the lack of use of public space protection orders. I thought that we heard very effectively from the noble Lord, Lord Hogan-Howe, about how public space protection orders had not in practice been put to any great use. In fact, the noble and learned Lord, Lord Etherton, in his speech also explained why they were not suitable for protecting individuals, as opposed to the rights of groups. But I have to say that I think that the noble Lord, Lord Farmer, betrayed himself at the end of his speech when he spoke about the lack of evidence of public disorder, which he prayed in aid for having a review. I have to say that I am not thinking about public order —I am thinking about the individual women who are going to get these services and are being intimidated through cruel protest, in many ways.

I turn to the amendment from the noble Baroness, Lady Sugg, to which I also have my name. I pay tribute to her for all the work that she has done on this matter; I know that she has been in constant discussion with Members of the other place and the Government, and this really is as good a chance as we have to get something on the statute books in good time. As I say, I pay tribute to her. I am also pleased that the noble Lord, Lord Beith, has welcomed these efforts.

One of the most influential speeches was from the noble Lord, Lord Hogan-Howe, who talked about the practicalities of policing a 150-metre zone and local authorities being reluctant to put in place public space protection orders. He also talked about the ingenuity of protesters potentially being able to get around the amendment of the noble Baroness, Lady Morrisey. That was perhaps one of the most influential contributions this evening. I hope that the noble Baroness tests the opinion of the House and I look forward to the Minister’s response.

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

My Lords, I echo other noble Lords who said that this has been a wide-ranging and fascinating debate. As has been referenced and as noble Lords will be aware, through a free vote in the other place, Clause 9, which establishes buffer zones outside abortion clinics in England and Wales, was added to the Bill by 297 votes to 110. I said during the Second Reading of the Bill and in Committee that the Government will respect the will of the House of Commons.

At the time of introducing this Bill in the House of Lords, I signed a Section 19(1)(b) statement under the Human Rights Act 1998. This was because, at the time, we believed it was more likely than not that Clause 9 would be found to be incompatible with the European Convention on Human Rights. We have considered this again following the Supreme Court’s judgment in relation to the Abortion Services (Safe Access Zones) Bill in Northern Ireland. We now believe that Clause 9 is more likely than not to be compatible with the convention. However, we must be clear that while we can draw some parallels between Clause 9 and the Bill in Northern Ireland in relation to the balance of rights, they are not directly comparable. In particular, the threat levels from protests are different in Northern Ireland and the Northern Ireland Bill does not cover private property. It is also worth noting that the legislation in Northern Ireland is not yet in force. There have been no prosecutions, so it is difficult to make any assessment regarding enforceability of the Bill in Northern Ireland.

Clause 9 was described at the time in the other place as a “blunt instrument”, as others have noted. There is always a balance to be struck between the rights of protesters and the rights of others to go about their daily business free from harassment and disruption, as we have heard debated in relation to many of the other clauses of this Bill. People’s rights to gather, express their views and practise their religious beliefs are protected under Articles 9, 10 and 11 of the European Convention on Human Rights. People’s rights to privacy in accessing healthcare services are protected under Article 8. All these rights are qualified, and it can be appropriate to infringe on them sometimes—for example, to protect other rights or prevent crime.

The Government committed to work with noble Lords across both sides of this debate to make Clause 9 clearer and more enforceable. I thank those noble Lords who took the time to meet me and discuss this issue, and I can assure them that all views were taken into careful consideration and constructive conversations were had on all sides.

The Government have decided to step back and will take a neutral stance during this debate. I committed, as I said earlier, at this Dispatch Box to respect the will of the House of Commons, and I think the best way to do that is to allow the House of Lords to express its will. This clause will undoubtedly be tested in the courts. But this evening, we are offering a free vote to noble Lords on the Government Benches—although I cannot speak for the other Benches—so that noble Lords can vote with their conscience on where the balance of rights should lie.

The Government believe that all the amendments on the Order Paper today would more likely than not be found to be compatible with the European Convention on Human Rights. With that, it is now for the House to decide which amendment, if any, they wish to support.

[Baroness Morrissey (Con)]

Given that, even if my amendments were passed, the whole clause would be overturned by a majority of support for either Amendment 44 or Amendment 45, I will save a few minutes of your Lordships’ time and beg leave to withdraw the amendment.

Police and Crime Commissioners: Accountability Arrangements

Lord Sharpe of Epsom Excerpts

Wednesday 25th January 2023 Lords Chamber

[Lord Bach]

To ask His Majesty’s Government whether they have any plans to change the accountability arrangements for Police and Crime Commissioners.

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

My Lords, the Government undertook a two-part review of police and crime commissioners, to strengthen their accountability and expand their role. Delivering these recommendations will sharpen their transparency and accountability and ensure they have the necessary tools and levers to be strong local leaders in the fight against crime and anti-social behaviour. PCCs continue to be directly held to account by the public at the ballot box.

[Lord Bach (Lab)]

My Lords, I thank the Minister for his Answer and for his written reply I received this morning on the vexed question of whether the accountability of police and crime commissioners includes, by law, the need to inform the police and crime panel of senior appointments so that the panel can interview and form a view, even when the senior appointment is interim. The Government’s view is that an interim senior appointment is in exactly the same position as a full appointment for these purposes. So I ask the Minister: is he aware that, in my county of Leicestershire, there have been six—yes, six—chief executive appointments in 19 months, four of them interim? The interim chief financial officer has been in place for 14 months. Not one of the interim appointees has been before the police and crime panel. Does this not show a complete contempt for accountability?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Lord is completely right. Paragraph 7 of Schedule 1 to the Police Reform and Social Responsibility Act provides that any reference to the chief executive or chief finance officer of a PCC, in any legislation,

“includes a reference to a person acting as chief executive, or chief finance officer”.

In other words, there is no distinction, in our view, between acting or permanent appointments. My officials have spoken with the chair of the Leicestershire police and crime panel; it is the department’s understanding that representations have been made by the Leicestershire panel to the PCC insisting that formal notice of the interim CEO appointment be given to the panel as soon as possible, to enable the proper scrutiny to take place.

[Lord Lexden (Con)]

My Lords, a disgraced policeman, Mike Veale, has featured quite often in Oral Questions in your Lordships’ House. A few years ago he deliberately smeared the reputation of Sir Edward Heath. Asked recently why this notorious man’s gross misconduct hearing, announced in 2021, has been indefinitely postponed, the PCC for Cleveland said:

“It is complicated, it is interwoven with other things and there is an order of things that I cannot supercede.”


How can this impenetrable goobledegook possibly be reconciled with proper public accountability? When a member of the public asked the same question last August, he was told that a review was taking place. After two attempts to find out about the progress of the review, he was told just yesterday that “Once information about a hearing is published, we will notify you.” How can these curt, dismissive comments possibly be acceptable? Why has the Home Office done nothing to make this PCC properly accountable?

[Lord Sharpe of Epsom (Con)]

My Lords, I have to say—and it will not please my noble friend—that the misconduct hearing of Mike Veale, who is, as noted, the former chief constable of Cleveland, is a matter for the Cleveland police and crime commissioner, and the management of the hearing itself is the responsibility of the independent, legally qualified chair appointed to it. It would be inappropriate to comment further while those proceedings are ongoing. As to why this has lasted longer than the normal 100 days of an officer being provided with a notice, it can be extended when the legally qualified chair considers it is in the interest of justice to do so, and I believe that is the case here.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, on 21 December in response to an earlier question by the noble Lord, Lord Lexden, the noble Lord, Lord Sharpe, described the situation as very concerning. That was in respect of the issue which the noble Lord, Lord Lexden, has just reminded the House about. Since then in the press it has become evident that the Leicestershire PCC has paid out £56,000 in compensation after an ethics group claimed it had been dismissed unfairly, so does the Minister believe that recall legislation should be considered for PCCs?

[Lord Sharpe of Epsom (Con)]

My Lords, the potential benefits and disbenefits of a recall mechanism were considered by the two-part review that I referenced in my Answer. It was decided that that would be to create a whole new body of bureaucracy and unnecessarily expensive. Ultimately, the public have the right of the ballot box, if you will, to determine the outcome of the PCC.

[Lord German (LD)]

My Lords, given the concern there has been about the vetting of candidates for the police forces and the uneven procedure of granting face- to-face interview after assessment for candidates, does the Minister believe that there is now a need for a tighter role and concern for making sure that the best practice in the appointment of police officers is now part of this scheme which rests either with police and crime commissioners or the central Minister concerned?

[Lord Sharpe of Epsom (Con)]

As the noble Lord will be aware, after referencing a number of conversations that have been had in the House over the past few days, all of those things are happening with regard to vetting, police officer recruitment and so on.

[Lord Cormack (Con)]

My Lords, will my noble friend not accept that our noble friend Lord Lexden has made an extremely important point and made it very well indeed? The Minister in response really gives the impression of an incompetent and impotent Home Office. We really must have a proper inquiry into this man Veale, and he must be properly dealt with expeditiously.

[Lord Sharpe of Epsom (Con)]

I think I thank my noble friend for that. I am afraid I rather impotently have to go back to the comment I made earlier: it would be inappropriate to comment further while these proceedings are ongoing. However, of course I understand, and I accept that my noble friend Lord Lexden has made an extremely valid point and continues to do so.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, as I recall, the original reason for setting up police and crime commissioners was to create more accountability, because the police and crime commissioner would be more visible in the community and very well-known. In fact, the opposite has been proved true because the turnout at votes shows apathy and ignorance. Then there is the question of the cost of setting up the offices of police and crime commissioners and their deputies and the salaries and everything else that goes with it. Can the Minister tell the House what this has added to the policing bill annually?

[Lord Sharpe of Epsom (Con)]

I am afraid I cannot answer that specific question, but I can and will say that the public profile of PCCs means they are scrutinised in a way that anonymous police authorities were not. I think the fact that we have this conversation on a relatively regular basis is proof of that. Ultimately, PCCs are directly elected by the communities they serve, and the public will have their say in due course. The noble Lord raised a point on turnout. In 2021, the turnout figure was 33.9%, a 6.5% increase from 2016 and a significant increase on 2012.

[Lord Hayward (Con)]

My Lords, on 21 December, in answer to the noble Lord, Lord Ponsonby, my noble friend was willing to describe the current circumstances as “disturbing”—this was previously indicated. We have now seen a further month and four days pass, so could my noble friend please indicate when “disturbing” becomes “unacceptable”?

[Lord Sharpe of Epsom (Con)]

My Lords, they are disturbing; they are concerning; they are all of those things. I cannot say they are unacceptable at the moment because, unfortunately, the responsibility for this particular misconduct hearing lies with the Cleveland police and crime commissioner.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Minister was quite dismissive about police authorities, but I have some experience of them. They were in fact not anonymous; they were mostly councillors, who were elected directly by their constituents and known extremely well, and they actually did talk to people. PCCs do not; they are quite remote, and the Minister has also pointed out that they are held to account at the ballot box every four years. I can quote an example in Dorset where the PCC and the local MP have generated a lot of public dismay about their relationship, and yet the voters cannot do anything about it until next year, can they?

[Lord Sharpe of Epsom (Con)]

My Lords, I would have thought that councillors are also elected once every four years as a rule, so I am not sure what the difference is there. The fact is that police authorities were anonymous, notwithstanding the noble Baroness’s evident fame on the police authority where she was. I would also say that, through part 2 of the review, we are undertaking a fundamental assessment of the whole panel system, and there is a considerable degree of transparency that has been introduced into the way the police and crime commissioners communicate with their constituents.

[Lord Grocott (Lab)]

I make it eight questions that the Minister has fielded so far today, all of them pretty hostile to what he has had to say, including a number from his own side. These include those of two Members, the noble Lords, Lord Bach and Lord Lexden, who have persistently raised the issue that I will not repeat, which seems to have general support from the House. Can I give him some friendly advice? Unless he sorts out some of these questions from the noble Lords, Lord Lexden and Lord Bach, he is going to go on and on having to suffer this pain on a relentless basis.

[Lord Sharpe of Epsom (Con)]

I reassure the noble Lord that I actually enjoy it enormously, but I am going to have to go back to my earlier comment that it would be inappropriate to comment further while the proceedings are ongoing. The noble Lord knows that I will continue to say that until the proceedings are no longer ongoing.

Rape: Operation Soteria

Lord Sharpe of Epsom Excerpts

Monday 23rd January 2023 Lords Chamber

[Baroness Chakrabarti]

To ask His Majesty’s Government what are the most recent rape (1) reporting, (2) prosecution, and (3) conviction, rates in England and Wales; and how many forces have rolled out Operation Soteria.

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

My Lords, the most recent statistics show that 70,600 rape incidents were recorded by the police in the year to June 2022; there were 2,326 prosecutions for rape and 1,019 convictions. Nineteen police forces and nine CPS areas are participating in Operation Soteria and informing the development of new national operating models for the investigation and prosecution of rape. These models will be available to all forces and CPS areas from June 2023.

[Baroness Chakrabarti (Lab)]

I am grateful to the Minister for that Answer, but recent Home Office research, including under Soteria, revealed a dismal picture of police attitudes towards rape complainants and whether they are at fault for the crimes committed against them. British women are reeling from Couzens and Carrick. Is it not time that the Government took this problem out of the long grass and legislated for police vetting, training and disciplinary reform?

[Lord Sharpe of Epsom (Con)]

My Lords, I spoke from the Dispatch Box last week on the review into dismissal processes. We talked a lot then about vetting and the various changes that have been made to both the vetting processes and the vetting verification processes, which are being advanced. Operation Soteria pioneered a new model which will effectively put the needs of victims above those of suspects. The initial evidence is that it is working. Avon and Somerset Police was one of the pioneering forces; it has reported an increase in its adult rape charge rate from 3% to over 10%. I do not think that is good news but it is progress.

[Lord Lexden (Con)]

Does all this not underline the need for urgency in sorting out the deep-seated problems which are constantly coming back from the Metropolitan Police? My noble friend referred last week, and has mentioned again today, to a review lasting four months, I think it is. We need changes now. Home Office officials should have been working towards a conclusion—a conclusion that we should reach before the lapse of four months.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that. As I explained from the Dispatch Box last week, the Home Office believes it is necessary to obtain evidence and make sure this is an evidence-based review in order to deliver the correct outcome for those police forces. As regards the Met, I attended a speech given by the Met Commissioner last week. He indicated the change in the Met’s thinking towards serious sexual offences, saying:

“we are targeting men who prey on women and children. The figures are far from where we would like them to be but the number of rapists we bring to justice is increasing.”

He went on to expand on some innovative use of data and technology which is helping him. I think the Met is making serious progress.

[Lord Paddick (LD)]

My Lords, does the Minister not agree with me and Professor Betsy Stanko, who carried out a review of rape investigation in the Metropolitan Police, that victim satisfaction is the most important measure for judging police performance against rape? Is it being measured?

[Lord Sharpe of Epsom (Con)]

My Lords, I can only go back to quoting the statistics that I just gave to the noble Lord. I have not heard of the professor who the noble Lord refers to. As I said earlier, the pioneering police forces in Operation Soteria are reporting an improvement in these cases, though I think it is probably a little too early to tell. I of course agree that the victims should be paramount in this.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, Operation Soteria sounds fantastic and I support all of its aims, but the fact is that there is a long way to go, is there not, particularly within police forces? For example, in the year up to last April, nine in 10 formal allegations against Greater Manchester officers resulted in no misconduct action. That is a huge gap in culpability and responsibility. Are the police getting more funding for this?

[Lord Sharpe of Epsom (Con)]

My Lords, we have put a lot of funding into the police, as the noble Baroness will know. The Ministry of Justice has allocated significant funds towards victims’ groups, and so on and so forth. In the year ending June 2022—and this comes off the back of the last rape review—the police recorded an increase in rape offences of about 20% compared to March 2020. Eighteen months into implementing the rape review action plan, we have seen some improvements: the number of adult rape cases referred by the police to the CPS was up 96%; the volume of adult rape cases charged by the CPS was up about two-thirds; and the number of adult rape cases reaching court was up 91%. Progress is being made—not quick enough, I agree.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, for the Minister’s information, Professor Betsy Stanko wrote the Operation Soteria report. One of the things she recommended in that report was the improvement of data quality. It may sound mundane, but it is at the heart of improving police force quality and the response to sex and rape allegations. One of the central points she made was that the data was unevenly recorded across the country. Does the Minister agree that this should be seen as a priority to try to do better for victims, who are not getting the justice they deserve?

[Lord Sharpe of Epsom (Con)]

I agree with the noble Lord and thank him for the clarification—the professor predated me, obviously. Operation Soteria is bringing together all aspects of policing and CPS work with regards to rape cases. It is elevating the status of the victims above those of the suspects, which I would argue is long overdue. As part of that, and in order to validate the work of the operation, it is clear that data collection has to be uniform across the country. It will be available to be rolled out in June, as I say, across all police forces, but it is showing signs of improvement.

[Baroness Burt of Solihull (LD)]

My Lords, Operation Soteria is described as having exposed the underbelly of policing, which, as we know from the David Carrick statement only last week, is not a pretty sight. I welcome the Minister’s comments about the national rollout. I also endorse what the noble Baroness, Lady Chakrabarti, said about proper policing and vetting. In addition to that, would the Government please consider discipline reviews, taking the legal process out of it and restoring discipline back to police chiefs themselves?

[Lord Sharpe of Epsom (Con)]

As the noble Baroness will be aware, that is part of the terms of reference of the review into dismissals that was announced last week, as I talked about at the Dispatch Box. It will deliver its results in four months. I have to tell the noble Baroness to wait until then.

[Baroness Blower (Lab)]

My Lords, following on from a question that several noble Lords have asked, could the Minister give us further assurance in this House about the importance of victims’ voices being heard, and that they are heard to be satisfied with what is being done by the police force investigating the crimes against them? If there is an issue with the quality of data, can he advise the House that, when we are looking at that, we will look at what the victims are saying?

[Lord Sharpe of Epsom (Con)]

Absolutely—I can give that assurance. I am also going to go on to one of the reasons why it was a little difficult in the past to prosecute some of these cases; it was to do with the attrition of victims from the process. In the year ending June 2022, 62% of adult rape offences ended up not being supported for further police action because the victim withdrew. There were a number of complicated reasons for that but, obviously, it is necessary to collect the data which supports that.

[Lord Pannick (CB)]

My Lords, Professor Betsy Stanko’s report on Operation Soteria, which was published on GOV.UK last month, had two other key findings in addition to those mentioned by the noble Lord, Lord Ponsonby. She found that investigators and other police staff lack sufficient specialist knowledge about rape and other sexual offending. She also found that disproportionate effort has been put into testing the credibility of the victim, and that there is a need to rebalance investigations to include a more thorough investigation of the suspect’s behaviour. Can we see action on both of those points?

[Lord Sharpe of Epsom (Con)]

Action is being taken on both of those things. The noble Lord is completely right about specialist knowledge, and this finding is now being applied in South Wales Police and the Met, two of the pioneering forces in Operation Soteria. Structural changes have been introduced in Durham, another of the pioneering forces. That has improved shift patterns, supervisor ratios and so on, which will enhance officer and organisational capability.

[Lord Bach (Lab)]

My Lords, one reason why so many victims pull out of proceedings is the backlog in cases being heard. Could the Minister talk to his colleagues in the Ministry of Justice and point out to them again that the danger of these backlogs and the damage they do go right back to why the figures on rape are so poor?

[Lord Sharpe of Epsom (Con)]

I will happily do that.