Operation Conifer

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 11th March 2024 Lords Chamber

[Lord Lexden]

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

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

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

[Lord Lexden (Con)]

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

[Lord Sharpe of Epsom (Con)]

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

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


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

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

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

Sir Edward Heath: Operation Conifer

Debate between Lord Sharpe of Epsom and Lord Lexden

Wednesday 17th January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

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

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

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

[Lord Lexden (Con)]

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

Metropolitan Police Reform

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 27th November 2023 Lords Chamber

[Lord Lexden]

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

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

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

[Lord Lexden (Con)]

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

Sir Edward Heath: Operation Conifer

Debate between Lord Sharpe of Epsom and Lord Lexden

Tuesday 24th October 2023 Lords Chamber

[Lord Lexden]

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

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

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

[Lord Lexden (Con)]

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

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

[Lord Sharpe of Epsom (Con)]

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

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

had he still been alive.

National Crime Agency: Fraud and Economic Crime

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 11th September 2023 Lords Chamber

[Lord Lexden (Con)]

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

[Lord Sharpe of Epsom (Con)]

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

Former Chief Constables: Gross Misconduct

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 22nd May 2023 Lords Chamber

[Lord Lexden]

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

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

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

[Lord Lexden (Con)]

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

[Lord Sharpe of Epsom (Con)]

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

Police and Crime Commissioners

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 20th March 2023 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what recent discussions they have held with the Police and Crime Commissioners for Cleveland, and for Leicester, Leicestershire and Rutland.

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

My Lords, the Government engage regularly with PCCs and chief constables across all force areas. There have been no recent specific discussions between the Government and the PCC for Cleveland or the PCC for Leicestershire. However, there have been official-level discussions that I am happy to advise the House about separately as required. The Government recently responded to written correspondence received from the PCC for Cleveland on 9 February. The correspondence sought clarification on the management and extension of misconduct hearings, which are matters for legally qualified chairs.

[Lord Lexden (Con)]

My Lords, I remind the House that for many months, through many questions, I have been trying to find out why a police gross misconduct hearing in Cleveland, announced in August 2021, has still not started. A former chief constable, Mike Veale—a man dogged by controversy, to put it politely, since he vilified Sir Edward Heath several years ago—is due to appear at this hearing. A detailed report on the complaints against Mr Veale, still unpublished by the Independent Office for Police Conduct following a two-year inquiry, preceded the announcement of this hearing 18 months ago. Things often proceed far too slowly where police misconduct is concerned, but this must surely be a record. Are the Government absolutely content for this hearing to be indefinitely delayed, perhaps never to take place? Are the Government absolutely content that the legally qualified chair, who has sole charge of this hearing, should remain anonymous, even though, in the words of a Written Answer that I received on 22 February:

“There are no provisions in legislation which entitle legally qualified chairs of police misconduct hearings to remain anonymous”?


Are the Government absolutely content that an autonomous, anonymous chair should deny the public any reason why this hearing has not started?

[Lord Sharpe of Epsom (Con)]

My Lords, I refer my noble friend to an answer I gave in Grand Committee on 23 February, when I said that

“the Cleveland PCC has no power over the legally qualified chair”—

except inasmuch as he appoints him or her—

“who must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider that it is in the interests of justice to do so.”—[Official Report, 23/2/23; col. GC 494.]

That is the case here and, as I have said many times from the Dispatch Box, I am afraid I really cannot go beyond that.

Police and Crime Panels

Debate between Lord Sharpe of Epsom and Lord Lexden

Thursday 23rd February 2023 Grand Committee

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

My Lords, I thank all noble Lords for their contributions, and I particularly congratulate the noble Lord, Lord Bach, on securing this important debate. I know that this topic has long been of interest to him, and a wide range of views have been expressed on a variety of issues related to the roles and responsibilities of police and crime panels this afternoon.

I am grateful to the noble Baroness, Lady Harris, for reminding us that this was a coalition policy and that panels were a Lib Dem idea because it gives me a rare opportunity to congratulate the Lib Dems on a good idea.

I echo the comments of the noble Lord, Lord Bach, that it is vital that policing remains transparent and accountable to the public. Since their introduction in 2012, police and crime commissioners have brought real local accountability to how chief constables and their forces perform, ensuring that the public have a stronger voice in policing. In stark contrast to the invisible and unaccountable police authorities that preceded them, PCCs operate in the full gaze of the media and must justify their record via the ballot box, as the noble Lord knows.

I will digress briefly to look into the old police authority model because, to quote some of the remarks of the noble Baroness, Lady Wilcox, I believe that they were short of democratic accountability too. Police authorities consisted of 17 members, nine of whom were elected members drawn from the local authority or authorities for the force area, and reflected the political make-up of those authorities. The remaining eight members were called independent members and were appointed from the local community for fixed terms of four years by the police authority itself. They were drawn from a long list of applications submitted by the elected members and magistrates to the Home Office and that committee then appointed the independent members from a shortlist returned by the Home Office. At least three of the members were magistrates and there was no difference in power and responsibility between the different types of members. The chair was appointed by the authorities themselves. I am afraid that that is also very short of democratic engagement, it certainly lacks accountability and there is not much transparency.

Over their term of office, the decisions and actions of a PCC are subject to a holistic system of checks and balances. The most visible mechanism for scrutiny is the police area’s police and crime panel. PCCs are also subject to investigation by the Independent Office of Police Conduct in cases of serious misconduct, the oversight of their monitoring officer in preventing unlawful action or expenditure, and statutory requirements on transparency imposed by the specified information order. Panels are a vital part of that police governance model. They ensure that PCCs are scrutinised effectively and remain accountable for their decisions to those who elected them.



I will begin by explaining, for clarity, the existing structure, purpose and powers of police and crime panels, which for ease I will refer to simply as “panels”.

The noble Lord, Lord Bach, and the noble Baroness, Lady Wilcox, asked about the chair and political neutrality. They can be independent; they are not always, but they are expected to act with neutrality. Unfortunately, I do not have the statistics about political affiliations requested by the noble Baroness, so will write.

In each force area outside of London, panels have a wide-ranging remit to scrutinise the actions and decisions of their PCC, providing support and challenge, and acting, again to quote the noble Baroness, as a critical friend.

Panels have specific powers of veto over chief constable appointments and precept setting. They also have oversight of the PCC’s key documents, decisions and reports, requiring the PCC to provide information and answer any questions which the panel considers necessary. Additionally, panels have specific powers to review the PCC’s proposed appointment of senior staff—a subject to which I will return. They also play a direct role in handling complaints made about the conduct of a PCC, including responsibility for resolving complaints of a non-criminal nature.

A key function of panels is also to provide transparency, enabling the public to effectively hold PCCs to account. Panels must make information available to the public by publishing all reports and recommendations made to the relevant PCC. In most cases, panels are required to conduct their meetings where members of the public can attend or watch via webcast. Each panel is also required to maintain rules of procedure, which will usually make provisions about how questions or statements can be submitted by members of the public. I note with interest the comments of the noble Lord, Lord Bach, on the panel hearings that he faced, which I think vindicate their effectiveness.

On the question asked by the noble Lord, Lord Bach, noble Lords will, I hope, be aware of the Government’s two-part review to strengthen the accountability and expand the role of PCCs, and to help PCCs to deliver effective police forces that can cut crime and protect their communities. Both parts of the review looked specifically at sharpening the transparency and accountability of PCCs, as well as ensuring that they have the necessary tools and levers to be strong local leaders in the fight against crime and anti-social behaviour. As part of this, the review examined whether police and crime panels have the right skills, tools, and powers to scrutinise PCCs and provide constructive support and challenge.

The review concluded that panels have the appropriate powers at their disposal, agreed by Parliament, to scrutinise PCCs effectively and shine a light on progress against local police and crime plans. However, the consistency and quality of scrutiny can vary, and the review made several recommendations to improve the scrutiny of PCCs, primarily by supporting panels to perform their role more effectively and improving panels’ understanding of their powers and responsibilities.

In line with those recommendations, and in consultation with both the Local Government Association and the Welsh Local Government Association, we have already taken steps to improve and strengthen the scrutiny of PCCs by: issuing new guidance and best practice guides in May 2022 to sharpen panels’ understanding of their roles and responsibilities; hosting a series of webinars with panel chairs, members and supporting officers to deliver foundational learning on scrutiny best practice, which we have published on the Home Office’s YouTube platform; and issuing additional guidance to aid the recruitment and retention of independent panel members, who provide valuable additional skills, diversity and expertise for PCC scrutiny. That was issued in January.

Furthermore, in line with one of the recommendations brought forward through part 2 of the review, we have begun a fundamental assessment of the panel support model to further improve the professionalism, quality and consistency of support provided to panels by local authorities. This work will seek to address what we heard during the review’s call for evidence, which pointed towards variation in the level of full-time, dedicated resource given to panels by host local authorities.

The delivery of all these measures will help to ensure that PCCs put the law-abiding majority who voted for them at the centre of their decision-making. Noble Lords will see that we are already taking a number of steps to improve the scrutiny of panels. For that reason, the Government currently have no plans to change the structure, purpose and powers of panels.

The noble Lord, Lord Bach, asked about the powers of police and crime panels to scrutinise senior appointments made by the PCC. Other noble Lords alluded to that. He will know that PCCs are required by legislation to notify the panel when proposing appointments to senior positions in their office, including those of chief executive, chief finance officer, and deputy PCC. The legislation provides that the same appointment procedures and scrutiny processes also apply to the roles of acting chief executive or acting chief finance officer.

To execute scrutiny duties, the panel must then hold a confirmation hearing and produce a report and recommendation on whether it supports the proposed senior appointment. The panel must do so within three weeks of receiving notification from the PCC of the proposed appointment. The confirmation hearing must be held in public and the proposed candidate must be requested to attend.

In the case of Leicestershire, to which the noble Lord, Lord Bach, referred, we are advised from discussions between officials and supporting officers from the Leicestershire panel that the PCC intends to notify the panel that a new interim chief executive of the OPCC has been installed, and that this interim appointment will undergo the appropriate scrutiny process and confirmation hearing at the next panel meeting, which is due to take place on 6 March. That is therefore in accordance with the legislation, and I hope that satisfies the noble Lord. I say on the record that the Government expect, in the strongest possible terms, that PCCs appointing to senior positions in their offices follow the process clearly set out in legislation.

My noble friend Lord Lexden referenced Mike Veale and that hearing. The law is not being flouted. Arrangements concerning the establishment of a misconduct hearing are a matter for PCCs. My noble friend is quite right that I asked for speed in answer to a previous question, but I meant it in very much a generic sense. It is in everybody’s interest that these misconduct hearings are concluded as quickly as possible. I should have said that the Cleveland PCC has no power over the legally qualified chair, who must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider that it is in the interests of justice to do so. Decisions made within a hearing are done so independently of PCCs as well as government. There is no indifference on the part of the Home Office.

[Lord Lexden (Con)]

Could my noble friend comment as to whether a chair has actually been appointed in Cleveland? If an appointment has been made then, as the Written Answer sent to me yesterday clearly states, the name must be made public. The only way in which the Cleveland police and crime commissioner can be within the law is if a chair has not actually been appointed. If no chair has been appointed then the situation is even worse.

[Lord Sharpe of Epsom (Con)]

My Lords, I shall come on to the answer to that question in a second. As I say, the Government take the accountability of the police very seriously and will continue to do so. There is no indifference on the Home Office’s part in this situation.

In recent months, I have been asked on a number of occasions about the lack of apparent progress in this particular misconduct hearing. I have variously been accused, largely by members of my own party, of incompetence and impotence, among other things. However, the legally qualified chair has the right to extend the 100-day period if it is in the interests of justice to do so. If I were to comment further on this specific case and its delay—I could but I will not—that would, I believe, be genuinely incompetent because it could well prove prejudicial to the interests of justice. I am sure that no noble Lords want to see justice prejudiced, so I am afraid that my answer to any future questions or continuing questions in this debate will remain the same.

I happen to have a copy of the Written Answer that I sent to my noble friend Lord Lexden yesterday. Let me read it out for the record:

“Arrangements concerning the establishment of misconduct hearings are a matter for Police and Crime Commissioners (PCC), and the management of the hearing itself is the responsibility of the independent Legally Qualified Chair (LQC) in charge of it. Decisions made concerning a hearing are done so independently of PCCs as well as Government and the Home Secretary has no powers to make directions in relation to those hearings. Given the independence of PCCs and LQCs, it would be inappropriate for the Government to seek to influence those decisions.”


Anonymity is not a legal requirement. However, as I have just explained, the Home Secretary has no power to intervene in these circumstances. The legally qualified chair in Cleveland has taken decisions for very good reasons; I will leave it there as there is nothing more I can say.

I will move on to the PCC review recommendation to undertake an assessment of the panel’s support model, which obviously formed the basis of a number of good points that were made, in particular by the noble Baronesses, Lady Wilcox and Lady Harris, and the noble Lord, Lord Bach. Following a commitment arising from part 2 of the PCC review, we have begun a fundamental assessment of the panel support model to further improve the professionalism, quality and consistency of support provided to panels. I must stress that this work is tightly focused on the role of democratic support officers, who sit within a host local authority and provide policy, professional and administrative support to ensure that panels effectively discharge their statutory functions to scrutinise PCCs.

To progress this work, we are undertaking some analysis of a regional model for panel support, along with consideration of improvements to the current model and exploring other potential ways to achieve our aims. A range of options will be designed and assessed before further advice is sought from Ministers to agree any next steps.

The recommendations on PCC complaints were referred to by the noble Lord, Lord Bach, and my noble friend Lord Lexden. I must say that I find it disappointing that my noble friend has not investigated the quality of other PCCs more generally; had he done so, he would have found that they are consistently excellent across the country.

Although our announcement of the PCC review recommendations did not make specific recommendations on the PCC complaints system, we are still committed to developing reforms in this area. This includes ensuring clarity on what constitutes misconduct or a breach of expected standards by PCCs; deciding which body is best placed to handle certain types of complaints; ensuring that the system does not give rise to vexatious complaints; and ensuring the effective handling of criminal allegations against PCCs.

We need a system which is open, transparent and fair for all parties when handling complaints. While we develop the reforms in this area, we have taken interim steps to assist, which includes publishing guidance to strengthen the quality and consistency of scrutiny by panels and more clearly explaining their roles and responsibilities. In handling complaints about PCCs, panels must refer serious complaints and conduct matters to the IOPC. Additionally, panels are responsible for resolving non-serious—that is, non-criminal—complaints made about a PCC’s conduct when in office. Ultimate responsibility for handling any non-criminal complaints they have received remains with the panel, and they retain the ability to seek an informal resolution of a non-criminal complaint if they consider it necessary.

We consider the PCC model more democratic than the predecessor model of police authorities, as I hope I have explained. PCCs are directly elected by the communities they serve and are held to account at the ballot box; this democratic power did not exist before PCCs were introduced in 2012. The Government are committed to strengthening and expanding their role. We have taken steps to do so through the implementation of recommendations from the PCC review, and we are continuing to work closely with sector partners to implement all the recommendations.

I thank noble Lords for raising this debate. I am pleased that I have had the opportunity to update the House on the progress that we are making to strengthen and improve scrutiny arrangements. The Government believe that panels have sufficient powers and the right structure to carry out their vital role of scrutinising PCCs, and the Government are committed to delivering the PCC review recommendations in full to sharpen quality, consistency and professionalisation of panels. PCCs play a vital role in holding the chief constable to account and keeping our communities safe. The public deserve visible and accountable local policing leaders who are properly scrutinised and held accountable on the issues that matter most to them.

As a final postscript, the consultation on LQCs and the dismissal process remains open. If noble Lords have strong opinions on this, I suggest that they submit them to the consultation.

Police Misconduct Cases

Debate between Lord Sharpe of Epsom and Lord Lexden

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.

Metropolitan Police: Criminality

Debate between Lord Sharpe of Epsom and Lord Lexden

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.

Police and Crime Commissioners: Accountability Arrangements

Debate between Lord Sharpe of Epsom and Lord Lexden

Wednesday 25th January 2023 Lords Chamber

[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.

Rape: Operation Soteria

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 23rd January 2023 Lords Chamber

[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.

Police: Employment and Discipline

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 9th January 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I have just said, we announced a review into that in October. The terms of reference are under active discussion and will be published in the near future. I will just correct the noble Lord: there are not six stages to the dismissals process; there are actually only three in the performance regulations, but officers can appeal against the outcome of those stages. Accelerated hearings are often missed, but if there is sufficient evidence of gross misconduct and it is in the public interest for the individual to cease to be an officer without delay, the chief constable can hold or chair accelerated misconduct proceedings.

[Lord Lexden (Con)]

My Lords, is it not imperative to enable the Metropolitan Police Commissioner to sort out the terrible problems, about which he has spoken so fully, as soon as possible? No review—action, please.

[Lord Sharpe of Epsom (Con)]

As I have said, we will be publishing the terms of reference in that review very shortly. The current system provides routes for chief constables to dismiss officers through accelerated hearings, as I have just outlined.

Police: Appointments in PCC Offices

Debate between Lord Sharpe of Epsom and Lord Lexden

Wednesday 21st December 2022 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what plans they have to introduce legislation to prevent police officers facing serious misconduct proceedings being appointed to senior posts in the offices of Police and Crime Commissioners.

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

My Lords, police and crime commissioners are required by legislation to seek the views of their police and crime panel when appointing to senior positions in their office. The ultimate decision on appointment lies with the PCC as the directly elected local representative for policing. Former police officers or police staff members who have been dismissed and placed on the barred list are prevented from being employed or appointed by a PCC.

--- Later in debate ---

[Lord Lexden (Con)]

My Lords, what kind of system is it that permits a disgraced policeman awaiting a serious misconduct hearing to oversee the work of a police chief constable with an unspotted record? What kind of system is it that permits a police and crime commissioner to announce a serious misconduct hearing and then delay it indefinitely, even though the law requires it to start within 100 days, saying recently, and utterly bizarrely:

“It is complicated, it is interwoven with other things and there is order of things I cannot supersede”?


Is not a system that permits all this a gravely defective system? Is it not scandalous that the Government have done nothing to fix the defects, despite repeated calls from across the House, with the Home Secretary even refusing to discuss these matters with a small cross-party group?

[Lord Sharpe of Epsom (Con)]

My Lords, no, I do not believe that is the case. I will defend the system. On the second part of my noble friend’s question, arrangements concerning the establishment of a misconduct hearing are a matter for PCCs, and the management of the hearing itself is the responsibility of the independent legally qualified chairs. Legally qualified chairs must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider it in the interests of justice to do so. Decisions made within a hearing are done independently of PCCs as well as government. I think that answers the second part of my noble friend’s question.

Police and Crime Commissioners

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 31st October 2022 Lords Chamber

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

My Lords, I am grateful to all noble Lords for their contributions and very much congratulate my noble friend Lord Lexden as well on securing this important debate. I know that the topic has long been of interest to him, and a wide range of views have been expressed relating to the roles and responsibilities of police and crime commissioners this evening. I ought to remind the noble Lord, Lord Paddick, that the policy was introduced under the coalition Government. I do not believe that the model is broken, but I will come on to that in a second.

I also reassure my noble friend Lord Lexden that I am certainly not idle, but he may have noticed that I have had three bosses since he wrote his letter. I am still busily asking for the meeting that he requested. My predecessor asked for that meeting, which I am afraid was denied, but I will continue to persevere.

Before I get on to the bulk of the more general points, perhaps I may go into Operation Conifer to answer my noble friend Lord Lexden’s specific questions about that unfortunate case. Obviously I understand the strength of feeling on this matter. However, the Government have no plans to commission a review of either the conduct of the investigation into allegations made against Sir Edward Heath or the findings of that investigation. It is unfortunate, of course, that Operation Conifer was not able to resolve conclusively the position in respect of all the allegations made against Sir Edward Heath. I understand the desire of noble Lords to find a solution but the investigation has already been subject to considerable external scrutiny. I will go into that in a bit of detail.

There were three main bits of scrutiny. First, there was an independent scrutiny panel—I stress “independent”—to ensure proportionality. Secondly, there were two reviews by Operation Hydrant in September 2016 and May 2017, which concluded that the investigation was proportionate, legitimate and in accordance with national guidance. Thirdly, there was a review in January 2017 by Her Majesty’s Inspectorate of Constabulary as to whether resources assigned to the investigation by the Home Office were deployed in accordance with value-for-money principles; the review concluded that they were. Finally, the Wiltshire PCC then referred two matters regarding Mike Veale to the IOPC. That is a lot of external scrutiny, if we are being objective about this.

I am going to talk more generally about the police and crime commissioner model and try to answer all noble Lords’ specific points. We accept that policing is a unique public service, but like any public service—I think all noble Lords acknowledge this—it needs to be transparent and accountable to the public. The introduction of PCCs in 2012 has brought real local accountability to how chief constables and their forces perform, ensuring that the public have a stronger voice in policing.

I say to the noble Lord, Lord Bach, that I have no particular knowledge of his successor; I do not know him, and I do not know what he has been doing in Leicester. I would have thought that, given what the noble Lord has said about him tonight, he is very accountable to his public. If he has behaved as described, then he deserves what is coming to him. PCCs operate in the full gaze of the media and must justify their record via the ballot box. This is in stark contrast to the invisible and unaccountable police authorities that preceded them. I will go on a little bit until we get to the review, then I will talk a little about complaints.

We are approaching the 10-year anniversary of their introduction and we think it is important to recognise the vital role that PCCs play in the public safety landscape. They work with their communities to focus on local priorities, using their convening powers to drive crime-fighting efforts in their areas and advocate for victims across the criminal justice system. PCCs have a strong involvement in work to tackle some of the most significant issues facing our society, including county lines, anti-social behaviour and violence against women and girls. There are lots of examples of that. I will go back to one from my friend Katy Bourne, the PCC in Sussex. She points out that 10 years ago, for example, only 20% of police and crime plans referenced prevention and now it is included in all police and crime plans. That is a direct, positive feature of the introduction of police and crime commissioners.

I will go on to the review, which the noble and learned Lord, Lord Thomas of Cwmgiedd, the noble Baroness, Lady Jones, and the noble Lord, Lord Coaker, referred to. It is vital that PCCs continue to be strong and visible leaders in the fight against crime. That is why in July 2020 the Government announced a two-part review into PCCs to strengthen their role, to ensure that they are accountable to the public and that they have the tools and levers to carry out their role effectively. Recommendations from parts 1 and 2 were announced by Written Ministerial Statement in March 2021 and 2022 respectively.

These measures will sharpen local accountability and improve the consistency and quality of scrutiny by police and crime panels, as we were talking about earlier, and make it easier for the public to hold their PCC to account for their record on reducing crime. They will also ensure that PCCs have the necessary tools and levers to cut crime and will turn the dial on their involvement in the criminal justice system, giving PCCs a more defined role in relation to offender management and strengthening their role in key local partnerships. Of course, the proof will be in the pudding. That is why we have retained a relentless focus on delivery to realise the benefits of these important recommendations as quickly as possible. We have moved to multi-year violence reduction unit funding to facilitate long-term preventative strategies, better enabling PCCs to develop long-term strategies for reducing crime in their locality.

We have amended the specified information order to improve PCCs’ transparency by requiring them to provide a narrative on the Government’s crime outcomes, their force’s His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services performance reports and further complaint-handling information. We have also strengthened the scrutiny of PCCs by publishing new guidance for police and crime panels, including a variety of training tools such as videos, good-practice guides and sharing best practice, as referred to by the noble Lord, Lord Coaker. Also under discussion, and which I probably should have mentioned earlier in Questions, are regional panels. These are being looked at in terms of the police and crime panels as a way of ensuring that best practice is shared.

I take the point that publicity around the role of PCCs could be improved. I am going to get to the subject of the relationship between PCCs and chief constables. It would be important to answer the right reverend Prelate’s concerns and the question of the noble Baroness, Lady Jones, about the breakdown in communication and trust between those two roles. For a PCC to deliver to the community they serve, they need to have a strong working relationship with their chief constable. That has to recognise the operational independence of policing but also the local mandate of the PCC to deliver on local priorities.

The right reverend Prelate referred to the situation with Dame Cressida Dick. During the debate on the review of the noble Baroness, Lady Casey, a week ago, I referred—at some length, I am afraid—to the mayor and MOPAC’s complex relationship with the Home Secretary in regard to this. I refer noble Lords to that in Hansard. On the point made by the noble Lord, Lord Paddick, I do not think that anyone is blaming anyone; it is a complex relationship, and the lines unfortunately crossed on a number of occasions.

Through the PCC review, we heard loud and clear the need for clarification of the working relationships between policing system partners. This is one of the primary reasons why we consulted on the Policing Protocol Order 2011—I note the point of the noble Baroness, Lady Jones—to ensure that we are able to support effective and constructive working relationships in the policing sector as well as possible. These responses are currently being considered, and we will update in due course.

We are also working with the sector to further develop the existing PCC and chief constable accountability guidance, which is designed to embed healthy working relationships between PCCs and chief constables, as well as outlining a framework for mediation for relationships that may be at risk of breaking down. We will also bring forward legislative amendments to make the chief constable suspension and dismissal process more rigorous and transparent, which in turn will make it fairer, ensuring that the chief constable has a voice.

I take the point about chief officer recruitment, which a number of noble Lords referred to. We want to ensure that there is a wide, well-rounded and diverse pool of candidates for appointment to chief officer ranks. We also want to ensure that there are consistent and high standards in selection processes. We welcome the College of Policing’s proposals for fundamental change to the current system, following a full independent review of progression and development to chief officer ranks. These measures will increase transparency and open up access to senior officer level development.

We continue to engage with local areas developing devolution deals to expand the mayoral PCC model, in line with the Government’s wider devolution and levelling-up agenda, and we have published our response to the consultation on giving PCCs greater powers of competence.

Time allows me to talk a little about the PCC complaints process, to which my noble friend Lord Lexden referred. Our announcement of the PCC review recommendations did not make specific recommendations on the PCC complaints system, and we are still committed to developing reforms in this area. This includes ensuring that there is clarity on what constitutes misconduct or a breach of expected standards by PCCs, deciding which body is best placed to handle certain types of complaints, ensuring that the system does not give rise to vexatious complaints and ensuring the effective handling of criminal allegations against PCCs.

[Lord Lexden (Con)]

What do the Government plan to do to prevent serious misconduct hearings being indefinitely delayed, as has happened in Cleveland? What will the Government do to get clear answers to public inquiries made to the offices of police and crime commissioners, instead of the hopeless and inadequate answers that I cited?

Police and Crime Commissioners and Panels

Debate between Lord Sharpe of Epsom and Lord Lexden

Monday 31st October 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

As the noble Lord will be aware, the Government believe that panels have the appropriate powers, agreed by Parliament, to effectively scrutinise the actions and decisions of PCCs and enable the public to therefore hold them to account. As I have also just said, we concluded a two-part review. In part 1 we took steps to improve and strengthen the scrutiny of PCCs by issuing new guidance and a training package for panels. Through part 2 we are undertaking a fundamental assessment of the panel support model to further improve the professionalism, quality and consistency of support provided to panels. I am very happy to take the noble Lord’s suggestion on chairmen back as part of that ongoing assessment.

[Lord Lexden (Con)]

My Lords, should not the police and crime panel in Leicestershire be urged to pass a vote of censure on the irresponsible PCC Mr Rupert Matthews for paying some £100,000 per year for advice from Mr Mike Veale, a discredited policeman who is facing a gross misconduct hearing? Could not that money have been spent better on front-line policing?

[Lord Sharpe of Epsom (Con)]

My Lords, it is not for me to comment on individual cases. However, police and crime panels must refer serious complaints and conduct matters to the Independent Office for Police Conduct. Panels are responsible for resolving non-serious complaints made about a PCC’s conduct when in office. Ultimate responsibility for handling any complaints they have received remains with the panel.

Metropolitan Police: Misconduct

Debate between Lord Sharpe of Epsom and Lord Lexden

Wednesday 19th October 2022 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what assessment they have made of the interim report by Baroness Casey of Blackstock on misconduct in the Metropolitan Police, published on 17 October.

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

My Lords, interim findings of the review done by the noble Baroness, Lady Casey, set out worrying failures of the Metropolitan Police Service to operate effectively within the misconduct framework and to tackle instances of sexual misconduct and discrimination. I welcome the commissioner’s response, ensuring that action to deliver change must, first and foremost, come from within the Met. The Government have announced an internal review into the effectiveness of the police dismissals process to ensure high standards across policing.

[Lord Lexden (Con)]

My Lords, does not this report make the most painful reading? It is painful for the Government, who have done little to bear down on police misconduct; painful for fine and trustworthy police officers, who have discharged their duty without fault over many years; and painful above all for those who have served as Metropolitan Police Commissioners. They surely have let down their fine, trustworthy colleagues, by turning a blind eye to the spread of crime and misconduct in the Metropolitan Police. Surely, there can be no doubt that the shocking features of Met activity set out in this report go back years. Will we hear explanations and apologies from those who have served as Metropolitan Police Commissioners in recent years?

Finally, can I seek some information from the Government? How many Metropolitan Police officers are at present under suspension? How many are on long-term sick leave? How many have resigned from the force within the last year while under investigation?

American War of Independence: Semiquincentennial Commemorations

Debate between Lord Sharpe of Epsom and Lord Lexden

Thursday 14th July 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I would certainly hope so.

[Lord Lexden (Con)]

Will the Government encourage the organisers of these commemorations to include a lecture by Professor Andrew Roberts, whose recent award-winning biography of King George III shows that the last monarch to reign over the American colonies was no tyrant but a man who kept strictly within his constitutional position?

[Lord Sharpe of Epsom (Con)]

I have no doubt at all that the historian Andrew Roberts to whom my noble friend refers will be involved in these celebrations, not least of course because of his work on Winston Churchill, who also had American roots. I am sure that he will take an active part.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Sharpe of Epsom and Lord Lexden

Report stage
Wednesday 12th January 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid I do not know. It predates me, sorry.

[Lord Lexden (Con)]

Is it the Government’s view that, by retaining the ban—as it is at the moment—for PCCs, there would be a case for extending it so that, if it should emerge that the noble Lord, Lord Pannick, committed an imprisonable offence before the age of 21, he should be barred from becoming a Supreme Court judge? Does one thing not follow the other?

[Lord Sharpe of Epsom (Con)]

The noble Lord will forgive me for not venturing an opinion on that.