Policing in the 21st Century

Tom Brake Excerpts

Monday 26th July 2010 Commons Chamber

[Mr Speaker]

Order. A great many hon. Members wish to take part, but there is important business to follow and there are real pressures on time. Single, short supplementary questions and brief replies are therefore required.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Home Secretary agree that the checks and balances that apply to elected police commissioners must be strong enough to stop populist politicians turning policing into their personal fiefdoms?

[Mrs May]

I think that everybody in politics aims to represent the people and their views. The point of directly elected commissioners is to replace bureaucratic accountability with democratic accountability. However, the hon. Gentleman is right that checks and balances need to be in place. That is why we will introduce the police and crime panels, drawn from local authority representatives and independent members, with powers to look at the commissioner of police’s plans in their area and to raise public concerns if they wish to do that.

Counter-terrorism and Security Powers

Tom Brake Excerpts

Tuesday 13th July 2010 Commons Chamber

[Mrs May]

Personally, I was always in favour of 14 days, but the whole point of a review is to look at what the appropriate period should be, and I do not wish to pre-empt the review’s decision or the information with which it will come forward.

[Tom Brake (Carshalton and Wallington) (LD)]

The review must be totally transparent, so can the Home Secretary confirm that she will publish its full terms of reference? Will she also state today that tomorrow’s renewal of the 28 day pre-charge detention period, if it proceeds, will be the last?

Terrorism Act 2000 (Section 44)

Tom Brake Excerpts

Thursday 8th July 2010 Commons Chamber

[Mrs May]

I am grateful to the hon. Gentleman. As he says, this has indeed been a matter of concern to him for some time. He is right to say that the use of the powers has been variable among forces and over time. It is, of course, within the Secretary of State’s remit to ensure that they are used partly through the authorisations, which must be confirmed by the Secretary of State within 48 hours of the appropriate level of police putting those authorisations in place. Of course, we will revert to this issue in the counter-terrorism legislation review, and we will consider that matter at that time.

[Tom Brake (Carshalton and Wallington) (LD)]

If the coalition is obsessed with defending civil liberties, I am proud of that fact. Is the Home Secretary satisfied that the balance between civil liberties and safeguarding our security is adequately redressed with these changes to section 44; or does she believe that further changes may be required to section 44 after the counter-terrorism legislation review?

[Mrs May]

I am grateful to the hon. Gentleman for his question. The whole point of making the statement today is to ensure that an interim position is available to the police, so that they have operational guidance and clarity about the powers that they can exercise, but precisely because I feel that we need to take a wider look at section 44 and to look at it in the context of other counter-terrorism legislation, we will continue to consider it within the review. I cannot say at this stage whether any further changes will be introduced, but that would be done in the wider context of the review of all counter-terrorism legislation.

DNA and CCTV (Crime Prevention)

Tom Brake Excerpts

Tuesday 6th July 2010 Westminster Hall

[Philip Davies]

The hon. Lady is absolutely right and has pre-empted what I was about to say. In this age of austerity, we should be trying to find ways of reducing the cost of the criminal justice system, and as she rightly noted, CCTV is a key way of doing that.

Unless millions of police officers are stationed on every street corner, in every park and on every road, without CCTV those crimes would go unreported and often undetected. A prime example is that of the so-called “crossbow cannibal”, who was arrested on suspicion of murdering three prostitutes in my home city of Bradford, but only because he was caught on CCTV. Without CCTV, that arrest would never have been made. We would never have been able to identify the 7 July bombers without the CCTV footage from the tube because the police would have been unable to track their movements on that day.

Let us look at the cost-effectiveness of CCTV. The average running cost of a CCTV system with 150 cameras is about £320,000 a year, and on average 3,000 events are monitored every year by each system, giving an average cost of about £100 per incident. It seems to me that that is good value for money in this age of austerity. It seems even better value when we consider that a 12-month experimental study in Burnley showed a 28% reduction in crime in an area with CCTV, compared to a 10% increase in crime in an area that relied solely on policing. Therefore, CCTV is not only cost-effective, but effective in reducing crime in the real world. An initiative in my constituency in west Yorkshire set up a CCTV camera, which cost only a few thousand pounds, and Crimestoppers has stated that the number of arrests and charges has increased by 40% as a result, so its cost-effectiveness has been proved beyond doubt.

As the hon. Lady pointed out, CCTV is a valuable tool not only for the police, but for the courts. It is an invaluable tool on two levels: for convicting the perpetrators of crimes; and for acquitting those who have not committed a crime. CCTV footage provides conclusive and unbiased evidence, void of anyone’s spin or mistaken recollection. When viewed by defendants and their solicitors, footage often leads to a change of plea, from not guilty to guilty. That invariably happens in cases in which defendants were drunk or on drugs when they committed an offence and could not recall it. That not only saves the courts time and money, as the hon. Lady suggested, but prevents witnesses having to give evidence in court, which is often a stressful and unpleasant experience. CCTV prevented Richard Whelan’s girlfriend from having to testify against his murderer, Anthony Joseph, who brutally stabbed Richard on a bus when he was attempting to defend her. That attack was caught on camera and Joseph, a paranoid schizophrenic, was jailed.

Equally, CCTV can prove that someone has been wrongly accused of committing a crime, as was the case with Edmund Taylor, who was convicted of dangerous driving. His conviction was quashed on appeal, when CCTV footage showed that a white man had committed the offence—Mr Taylor was black. Similarly, Garry Wood was cleared of raping Natalie Jefferson after police studied CCTV footage of his movements on the night of the rape and realised that he had not committed the crime.

I want to touch on the automatic number plate recognition scheme because it was through its use, and that alone, that the murderers of PC Sharon Beshenivsky were caught. Without an ANPR system around Bradford, those people would never have been brought to justice. On 18 November 2005, PC Beshenivsky was shot and killed during a robbery in Bradford. The CCTV network was linked in to an ANPR system and was able to identify the getaway car and track its movements. Because of that system, the police realised that the people responsible were in London, virtually before those people knew it themselves, and six suspects were arrested. At the system’s launch in May, Chief Superintendent Geoff Dodd of West Yorkshire police called it

“a revolutionary tool in detecting crime”.

Many of my constituents are sick to the back teeth of drivers who do not have insurance, and who not only put other people at risk, but cause them unnecessary expense. Many of my constituents think that it is absolutely fantastic that the police can use ANPR to stop people who drive without insurance, and can confiscate the cars. I would not want anybody to try to stop the police doing that.

I am obviously interested to know what the Minister thinks of CCTV. In 2007, he was calling for more CCTV cameras in his then constituency of Hornchurch. On his website he stated:

“I think CCTV would help to make an important difference in supporting the local police. It will also make clear to those intent on causing crime in Elm Park that their images will be recorded, increasing the likelihood that they will be identified, prosecuted and punished for their offences.”

I could not agree more. I absolutely endorse everything that the Minister said then, and hope that he still feels the same.

[Tom Brake (Carshalton and Wallington) (LD)]

I do not think that in this debate any Member is likely to say that they are not in favour of CCTV, but I do want to see where the boundaries of the hon. Gentleman’s enthusiasm for these systems stop. The ANPR system in Birmingham was installed in a predominantly Muslim area, with a view to tracking vehicles coming in to and going out of the area. Does the hon. Gentleman support that? Does his enthusiasm go that far?

[Philip Davies]

One purpose of this debate was to flush out the fact that people do support CCTV, even though they are always reluctant to say so, and I am therefore grateful to the hon. Gentleman for saying that he now supports it. On his point, surely the solution is to have more CCTV, because if there is more CCTV and more ANPR systems no community can feel that they are being unduly picked on, or picked on to the exclusion of others. If everybody has the systems, nobody can feel that they are treated unfairly. I think that the hon. Gentleman’s argument is, therefore, for more rather than fewer of these systems, and I wholly support him in that.

--- Later in debate ---

[Philip Davies]

I agree with the right hon. Lady; she is absolutely right.

There is always the risk that, the day after any cut-off point, someone could, for example, go out and commit a murder. In that instance, such a person’s previous DNA would not be available to the police so that they could detect the crime and prevent further murders, because it would have been destroyed in the name of civil liberties. I hope that my hon. Friend the Minister will consider that carefully before coming up with any reduced time scales for the retention of data, as it is Ministers who will have to live with the consequences of their actions further down the line.

In the fight against crime, effective technology such as DNA and CCTV should be encouraged, not discouraged. Those methods can hugely speed up police detection of crime, which could mean the difference between life and death for someone else. It really is that serious, which is why I am so determined to fight any proposals to restrict the use of those technologies in the name of so-called civil liberties.

[Tom Brake]

I thank the hon. Gentleman for giving way again—he is very generous.

Is his position the same as that argued by his hon. Friend sitting next to him, the hon. Member for Bury North, that the DNA database should be extended to include everyone?

[Philip Davies]

I think I dealt with that in an earlier intervention. If my hon. Friend the Member for Bury North was proposing taking people’s DNA at birth, I would agree. However, that is a battle for further down the line. What I am worried about at the moment is that we are removing from the database a limited number of people’s DNA. We have not yet reached the issue of whether to extend the database—I wish we were and that that was the nature of the debate we are having today.

I am trying to stop the Government from making the stupid mistake of removing people from the DNA database. That is why I am so determined to fight the proposals to restrict the use of such technologies in the name of so-called civil liberties. Organisations such as Liberty are not really arguing for civil liberties but for anarchy, which cannot be right. I am sure that they would prefer it if no one was arrested for anything, but I am afraid that in the real world that is not what we are here to do.

All our liberties are at stake—our liberty to walk down the street safely is at stake. Again quoting the Minister of State, Ministry of Justice, my right hon. Friend the Member for Arundel and South Downs, I totally agree with what he said in a speech last week:

“crime can never be too low; our streets can never be too safe and there can never be excuses for inaction.”

Unfortunately, the Government give the impression that they do not believe in CCTV or DNA. They may not go as far as I would, but I hope that this debate will at least give the Minister the opportunity to make it clear to the House and to the police that he supports the use of CCTV, DNA and automatic number plate recognition as essential tools in fighting crime that keep us safe, enhancing our freedoms, not diminishing them.

Oral Answers to Questions

Tom Brake Excerpts

Monday 28th June 2010 Commons Chamber

[Nick Herbert]

I thank the right hon. Gentleman for his kind introduction. I recognise the importance of technology in assisting the process of reducing bureaucracy, such as in our commitment to scrap the stop form, which is an unnecessary and bureaucratic impediment to common-sense policing. There is a role for technology such as hand-held computers in recording stops and searches in accordance with the right hon. Gentleman’s suggestions.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Minister agree with me, however, that there are some administrative tasks that are worth performing, such as the judging of the Best Bar None competition in my constituency, which was awarded to The Woodman pub in Carshalton?

[Nick Herbert]

If my hon. Friend were to invite me, I would be delighted to attend the pub with him so I may judge the best performance for myself.

Identity Documents Bill

Tom Brake Excerpts

Wednesday 9th June 2010 Commons Chamber

[Dr Julian Huppert (Cambridge) (LD)]

Thank you for calling me to speak, Mr Deputy Speaker, and congratulations on your election. It is nice to see so many elections in this place at the moment.

It is a great honour to follow so many maiden speeches, from hon. Members on both sides of the House. I pay particular tribute to the hon. Member for Ashfield (Gloria De Piero), who gave a very confident and stylish description of Ashfield and the value of community in that area.

On the subject of ID cards, it is also a great privilege to follow the hon. Members for Perth and North Perthshire (Pete Wishart) and for Walsall North (Mr Winnick). They have been steadfast in their stance on this matter, and have agreed with the Liberal Democrats that ID cards have always been wrong. I am delighted to follow them.

Identity cards have always been a passion of mine. I was a very early member of NO2ID and was very involved in its campaigning. I pay tribute to the work of that organisation—to Phil Booth, for his work nationally, and to Andrew Watson, the eastern co-ordinator.

The hon. Member for Birmingham, Erdington (Jack Dromey) said that the issue of ID cards did not come up in his constituency during the election. In my constituency of Cambridge, one of the largest of the 35 hustings that we held was organised by NO2ID, along with Oxfam and Amnesty International. The subject came up at almost every one of the other hustings that we had.

The ID card proposal also caused me to be involved with Liberty, which was mentioned earlier. I was elected to its national council, partly through my interest in identity cards and my understanding of what was happening. I am therefore delighted that one of the first steps of this coalition Government is to get rid of identity cards, finally.

Why do I oppose ID cards? I have always thought that there are three main reasons why we should not have them: the issues of principle, practice and price. We have talked about the principle, and we have heard how Clarence Henry Willcock, the Liberal from Finchley and Golders Green, objected in 1950. He was the last person to be convicted under the National Registration Act 1939, and his case led to a change in the law.

What was said on appeal is particularly interesting. Lord Goddard, the Lord Chief Justice, said that the use of identity cards

“tends to make people resentful of the acts of the police, and inclines them to obstruct the police instead of assisting them.”

That was true in 1952, and it is true now.

That deals with the question of principle, but what about identity cards in practice? They, and the much worse identity register, are part of a complex Government IT project. We know what happens to such projects—they tend not to work very well, they cost too much, there are a security problems, and they are hard to implement. I hear some complaints from Opposition Members, but my comments are not just targeted at the previous Government, because this is a general problem of Government IT projects across the world. Mission creep is also a problem, because one starts off by collecting only a little information and gradually more and more is obtained. That has occurred in too many instances.

[Tom Brake (Carshalton and Wallington) (LD)]

On mission creep, is my hon. Friend aware that when this matter and a statutory instrument were being debated, the hon. Member for Tynemouth (Mr Campbell), who is in his place, expressed an interest in using any spare capacity on the chip to store other information, but he was not able to tell us what that information would be? Is that not a good illustration of how mission creep might arise without people realising it?

[Dr Huppert]

Indeed it is, and I thank my hon. Friend for that intervention. I was not aware of the history of that debate, but what he describes is exactly the sort of problem that occurs: extra information ends up being stored and what starts off as—possibly—a semi-innocent project becomes more and more sinister. A lot of work has been done on this by a colleague in Cambridge, Professor Ross Anderson. I pay tribute to his work on that and on summary care records, which also relates to Government IT systems. I hope that hon. Members will sign my early-day motion 186 and persuade this Government not to go ahead with that awful project too.

The price of ID cards was also an issue, and we heard some argument about the exact cost to the public purse earlier. I say to the shadow Home Secretary that it is not just the public purse that matters; we should also care about the cost to all the people who had to buy the cards and would have continued to buy the cards under the Labour Government’s scheme. We are limiting the cost to them as much as we can, as well as limiting the cost to the public purse. As we have heard, there would have been continued costs for them in the form of fines and the cost of keeping the database going.

This Bill is not exactly as I would have drafted it. As a new Member, I certainly would not have written it in this particular style, but I suspect that I will have to get used to that. I would like clarity to be provided on a couple of points as this Bill goes through the rest of its process. We have discussed mission creep, and I am very concerned about overly broad descriptions. We have seen from the previous Government how something that seems fairly good in law can be taken wider and wider until we find that somebody can be convicted for making a joke on Twitter. We must be careful about what we say, and I hope that we will have a chance to explore what “relevant information” means in clause 10(3) and exactly how that is to be controlled.

I would also like to understand more about clause 4, in particular subsection 2(b), which makes it an offence to use documentation for “ascertaining or verifying” information about somebody. I wish to understand exactly what that means. If I were to take a family member’s passport to someone else to prove who they are, would that be an offence? I have concerns about that, given how the provision is drafted. We should explore that in Committee, when I am sure the Government will make it clear how I have misinterpreted that and why I should not worry.

The other issue that should come up in our discussion is identity cards for foreign nationals—or any other such term that we might use. I disagree with some of the comments made about that, because I consider that such cards are discriminatory. We should be getting rid of all these identity cards, whoever they are for in this country. They are discriminatory and they involve the same problems that we have discussed: they do not work very well, and they involve the same problems of cost, practicality and keeping a database secure. I hope that this Government will examine that issue, either later during the passage of this Bill or in a future Bill.

Someone who did buy an identity card has asked me what now happens to it and to the money that they spent. That is a fascinating issue, and I should be interested if the Government were to work out what the cost would be of maintaining the entire system and all the back-up systems to service the 15,000 people in that position. That involves issues relating to interaction. [Interruption.] If, as the hon. Member for Hackney South and Shoreditch (Meg Hillier) is suggesting, it is free, that would also be useful to know.

I was interested to hear the shadow Home Secretary’s line that no changes should be made when a new Government come into power, and that it is somehow wrong ever to change anything that has happened. I seem to remember Gordon Brown changing a few things when he came into office in 1997, and that affecting decisions previously made on tax changes. We cannot have a system whereby Governments cannot change decisions made previously for fear that they might affect people inadvertently.

In general, I support this Bill and I am delighted to see it, because it is a wonderful start of real liberal values in this new coalition. It is a real start on rebalancing the relationship between the citizen and the state, and I hope that it will be the first of many acts of a reforming, progressive Government.