Police: Public Trust

Lord Young of Norwood Green Excerpts

Thursday 28th November 2013 Lords Chamber

[Lord Young of Norwood Green (Lab)]

My Lords, I enter this debate with some trepidation. It is not an area that I normally deal with, but I was fascinated by the first two contributions and I also congratulate the noble Lord, Lord Paddick, on giving the House the opportunity to debate this vital issue. I was interested in the contrast between the two contributions that we have just heard on the cause, the analysis and what the cure should be.

I suspect that there will not be any silver bullet. You cannot improve the complaints system without seeking to change the culture. Anybody who has done any examination of organisations will know that the hardest thing to change in any organisation is the culture. You can change structures and processes, but changing the culture is really difficult. However, we have to address the issue and I would be interested to hear the Minister’s response.

Along with all the other concerns that have been expressed about recent and not so recent cases, perhaps the most recent example was when the Public Administration Select Committee heard evidence from both a serving police officer and an ex-chief inspector. There were revelations concerning the reporting of crimes by the public and the disparity between those figures and the figures that were recorded by the police; for example, in rape cases there appeared to be a 70% discrepancy, and in one London borough there was a disparity of 400 in relation to burglaries from dwellings. I would be interested to hear the Government’s response to that.

Having looked through the Library note and the analysis of the role of the IPCC, I ask: do the Government feel that it is genuinely as independent as it should be? Does it really have the necessary powers to inspire confidence in the public that it is independent and that it can genuinely and thoroughly investigate complaints? As the report pointed out, it cannot call evidence from non-serving officers or those who have retired. That seems a yawning gap in its role. Some would suggest that, given its make-up, the commission is not truly independent.

Like the two previous speakers, I do not want to cast aspersions on the police generally. I work with them locally very well and very satisfactorily, and I think that the majority of them do a difficult and sometimes dangerous job very well indeed. But the question of public trust and confidence is of fundamental importance and cannot be ignored. A number of recent cases, which are not just about police constables but go much further up the hierarchy of command, give the public genuine cause for concern. I look forward to hearing what the Government intend to do in relation to recent revelations, and what changes they think are necessary.

--- Later in debate ---

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

My Lords, I join other noble Lords in thanking the noble Lord, Lord Paddick, for tabling this important debate. The mantra of Robert Peel that,

“the police are the people and the people are the police,

holds as true today as it did when he first founded the Metropolitan Police all those years ago. I note, too, that while we are not debating it today, there will be a debate next week on the report of the noble Lord, Lord Stevens of Kirkwhelpington, on the future of policing. There is a real dialogue on this important issue. I am delighted to see that the noble Lord, Lord Stevens, who is not in his place today, has identified many of the issues on which the Government are already taking action: a code of ethics, a published list of officers dismissed for misconduct, and a more robust and independent complaints regime. However, I feel that the report, in calling for the abolition of police and crime commissioners, has overlooked the contribution they have already made. Despite only being in post for a year, PCCs are already more visible than anonymous police authorities. Seven out of 10 members of the public are aware of PCCs. PCCs are also introducing many different innovations in their areas to address their communities’ problems.

While statistics on public confidence in the police remain resilient, we have reason not to be complacent. I agree with my noble friend Lord Paddick on this and I thought that the noble Lord, Lord Bew, was very perceptive in his analysis. If we reach the point where people may be satisfied that their local officers are honest and fair but the majority begin to assume that the police in general are not to be trusted, it will be too late. It will be far harder to recover from such a position. The noble Baroness, Lady O’Neill of Bengarve, in a remarkable speech, brought a profound wisdom to the relationship between aim and outcome in a critique that had a far wider application than just trust and the police. I value the opportunity of reading her speech on the record, as it was extremely profound.

To address this issue, the Home Secretary announced a number of measures back in February to strengthen police integrity. We have been working with the new College of Policing whose remit is to set and maintain standards for the police and to implement some of these measures. On 24 October the college launched for public consultation the first ever code of ethics for the police. The code will be the highest level of declaration of the principles and standards of behaviour expected of those working in police forces. The code of ethics will be a living document, embedded into forces’ policy and practice, and refreshed with all officers and staff at regular intervals. It illustrates what compliance with the standard of professional behaviour looks like and will provide clarity for all members of the police force in what is expected of them.

It is always interesting to listen to the right reverend Prelate the Bishop of Ripon and Leeds. He said that it focused too much on the negative. The college is about good practice, too. Perhaps I may tease the right reverend Prelate and say that those Ten Commandments include a few negative injunctions as well as the positive imperatives. So there is a good precedent for it.

As the noble Lord, Lord Bew, said, the Nolan principles are enshrined within this code of practice. Indeed, Northern Ireland is the source of much of the thinking behind this document. I would like to talk to the noble Lord about the extent to which he feels that the document produced by the college is less clear and self-evident. We want a document that is clear not only to the police but also to the public, in whose name the document is being delivered.

The college cannot address the issues of police confidence and police integrity alone. It is essential that there is public confidence that the most serious and sensitive cases involving the police will be dealt with effectively. As part of her announcement in February the Home Secretary made clear her intention to transfer resources from forces to the Independent Police Complaints Commission so that it is equipped to deal with such cases. I stress that by resources I mean funding. There will not be a transfer of officers to the IPCC but it will receive substantial extra funding—I cannot give details of the funding—so that it will be able to recruit its own independent investigators. The public can then be reassured that we are finally putting an end to the police investigating the police in the most serious cases and that the IPCC is acting with genuine independence. I agree with my noble friend Lady Doocey that this independence is vital to ensuring public confidence in the police. The events of last year proved overwhelmingly the case for a strengthened IPCC, and that is what the Government are determined to deliver. The plans to increase the capacity of the IPCC are on track and it will begin to take on additional cases from next year.

Police and crime commissioners will also play a vital role in ensuring that public trust and confidence in the police are maintained. That is why I think the noble Lord, Lord Stevens, is wrong. PCCs are responsible for setting the police and crime plans for their force areas and, in doing so, they must consult victims of crime. This gives them a vital link to those who have come into direct contact with the police and who will therefore have a view on the integrity and behaviour of officers within their force. PCCs hold their chief officers to account for the totality of policing in their areas. If, as we have said, the public lose trust or confidence in their force, the PCC obviously has a role in holding the chief constable to account for this.

Earlier this week the Crown Prosecution Service announced that it had charged a Metropolitan Police Service officer, PC Keith Wallis, with misconduct in public office in connection with the incident on 19 September 2012 in Downing Street involving a former Cabinet Minister, Andrew Mitchell. The decision not to charge the other MPS officers connected to this incident does not preclude misconduct proceedings from being instigated. The MPS has announced that PC Wallis and seven other police officers will be subject to misconduct proceedings. The issues raised by the Andrew Mitchell case are very serious. It is right that cases such as this hit the headlines. We must remember that these are not the rule. Even so, it is an issue and we are targeting unprofessional behaviour through the range of measures that we are implementing alongside our partners. It is a privilege for us in the Home Office to work with the IPCC, HMIC, the College of Policing and PCCs to enhance police integrity, and we look forward confidently to seeing some excellent results from this work.

Perhaps I may address some of the issues that were raised in the excellent speeches made in this debate. My noble friend Lord Paddick referred to the difficulties of black and ethnic minority recruitment into the police. I think we would all agree that police forces that reflect the communities they serve are crucial to cutting crime in a modern diverse society. While the police force is much more representative than before, there is still much to be done. The Government’s reforms will stimulate progress. We support the aspiration of the Commissioner of the Metropolitan Police to achieve a much better representation of BME officers in the force in the next wave of officer recruitment.

My noble friend also referred to stop and search, which is not a totally unrelated issue. Where stop and search is used properly, it allows the police to tackle serious crime effectively. Where it is used badly, it can cause personal humiliation for the individual, a disconnect between the police and the public and an undermining of public confidence. A number of reports have raised concerns about the use of this power, which is why we have undertaken a consultation on it and are currently analysing the responses to it.

My noble friend Lady Doocey was concerned about the independence of the IPCC. I can understand that concern. That is one of the reasons why it is having funding of its own to recruit its own staff. About 80% of the IPCC staff do not come from a police background. Investigators in the most serious cases overseen by the IPCC can never have worked for the police; they are not allowed to have worked for the police. All IPCC investigators undergo a period of training. As I said, giving the IPCC the resources to recruit its own independent investigators will be a great step forward.

The noble Baroness, Lady Jones, made an amusing, remarkable and moving maiden speech. She asked a number of questions and raised a number of points. In particular, she talked about the deep concerns that have been raised by allegations that undercover police officers were deployed in an attempt to smear the Lawrence family after Stephen Lawrence’s murder and that undercover officers used the identities of deceased children. As the noble Baroness will know, Operation Herne and the review by Mark Ellison will address these issues.

The noble Baroness also suggested that the police needed to be better at communicating. New recruits into police forces must pass both written and oral communications tests and continuing professional development is available for officers throughout their career. The code of ethics currently out for consultation acknowledges the importance of effective communication between police and the public, emphasising the need for the police to talk to people in local communities, break down barriers and ensure that their behaviour and language cannot be interpreted as being oppressive. There is no role for oppressive policing in this country.

My noble friend Lady Hamwee referred to the professionalism that needs to be at the heart of the police and the sensitivity and emotional intelligence needed among the individuals who make up the police force. Her speech reinforced my view that we are in a period of great—and very necessary—change, a view already expressed by my noble friend Lord Wasserman. I believe that that change is justified.

The noble Lord, Lord Rosser, referred to his membership of the Police Service Parliamentary Scheme. We were both, unfortunately, engaged on the Anti-social Behaviour, Crime and Policing Bill when it had rather a nice dinner, and we had only a smell of the food. I can only recommend the scheme, which is run by Sir Neil Thorne. It has been a great success. Although I listened to what the noble Lord said, and understand that he is there and I am here, he has reinforced my view of why the Government are treating the reform of the police service as important. Although I can hardly expect him to agree with everything that we are doing, I value the opportunities that we have to debate these issues.

This has been a well argued and interesting debate on a very current issue. We have been fortunate to hear the first of what I expect to be many contributions from the noble Baroness, Lady Jones of Moulsecoomb. She will be a real asset to the House and I congratulate and welcome her. This is also the first time, I believe, that my noble friend Lord Paddick has led a debate. He brings considerable experience of holding senior rank in our country’s largest force. His presence is a valuable addition to the House and I am grateful to him for bringing this important topic for us to debate today.

[Lord Young of Norwood Green]

Before the noble Lord sits down, I raised the question of the revelations at the recent sitting of the Public Administration Committee about the discrepancy between the figures for incidents reported by the public and the police figures. I did not hear any response from the Minister and would welcome hearing him address that.

[Lord Taylor of Holbeach]

I am not in a position to comment directly on those figures but they have been raised in this House before. The noble Earl, Lord Lytton, has raised a number of questions with me and has been in correspondence with me on this. There are indeed differences with police statistics and I agree with the noble Lord that one of the most important things that the Government will need to do is ensure that police statistics on reported crime correspond to the real experience of individuals. Figures can be used to build trust in the police but can also be used in a negative sense. I would like to think that the figures that I quoted were authoritative.