Police and Crime Commissioners
Debate between Baroness Barran and Lord Campbell-Savours
Baroness Barran
The Government are confident that there is a real energy among police and crime commissioners to share best practice. As one police and crime commissioner said to me, that individual and their chief constable have a shared interest in their force being the best it can possibly be.
Turning to chief constable recruitment, the noble Lord, Lord Hogan-Howe, in particular, raised concerns about chief officer recruitment. I am thankful to Mike Cunningham, chief executive of the College of Policing, who is doing excellent work in ensuring that the Association of Police and Crime Commissioners, the National Police Chiefs’ Council and the College of Policing work together to agree a plan for addressing the key barriers to recruitment, retention and progression.
However, it is not entirely accurate to suggest—as my noble friend did in referring to remarks made by the noble Lord, Lord Blair, as did the noble Lord, Lord Hogan-Howe—that the problems of chief officer recruitment and retention are related solely to the introduction of police and crime commissioners. A report commissioned by the National Police Chiefs’ Council suggests that the tenure of chief constable posts fell very sharply between 1992 and 2002 and has actually been stable over the past seven years. A survey by the College of Policing showed chief officers citing their fear of the risk of dismissal and the reputation of the local police and crime commissioner as elements in their decision whether or not to apply for a role, but coming close behind those reasons were financial considerations, the absence of work/life balance and the existence of an internal candidate.
Given the concerns that have been raised by a number of noble Lords about the need for greater checks and balances in this model, I will undertake to write to my noble friend the Policing Minister, sharing the issues that have been raised.
A number of noble Lords spoke about funding for the police service, including my noble friend Lord Lexden and the noble Lord, Lord Bach. This year’s police funding settlement provides the biggest increase in funding since 2010, with a total increase for the police of over £1 billion. Although I would not want to suggest to the noble Lord, Lord Bach—who I fear is rolling his eyes—that the problem has gone away, or that anyone would suggest that, there is a clear commitment from the Home Secretary. He has made it absolutely clear that he will prioritise police funding at the next spending review. The noble Lords, Lord Paddick and Lord Wigley, raised their concerns about the police funding formula; again, there is a commitment to look at that in the next spending review.
Questions were also raised about the Government’s commitment to addressing serious crime and violence, knife crime in particular. I will put the details in a letter but all noble Lords will be aware that the Prime Minister led a recent summit at Downing Street on that very subject.
Lord Campbell-Savours
The noble Lord, Lord Wasserman, proposed that some kind of recall procedure be introduced, as is the case for Members of Parliament who are elected. Will Ministers seriously consider that proposition?
Baroness Barran
Ministers are open to considering a recall procedure and I will raise that with the Policing Minister.
If I may turn to the points regarding Sir Edward Heath and Operation Conifer, noble Lords will not be surprised to hear me reassert that the police are, rightly, operationally independent of the Government and that the Government continue to take the view that they should not seek to influence the exercise of those functions. My noble friends Lord Cormack and Lord Lexden, and the noble Lord, Lord Campbell-Savours, raised a number of points in this area. This House has debated on a number of occasions the issues raised by Operation Conifer, and I remain deeply sympathetic to the concerns raised by noble Lords as they seek to defend the reputation of a man who served his country at the very highest level. I reiterate that according to the police’s summary closure report, no inference of Sir Edward’s guilt should be drawn from the conclusions of Operation Conifer.
Finally, turning back to the title of—
Independent Inquiry into Child Sexual Abuse
Debate between Baroness Barran and Lord Campbell-Savours(5 years, 11 months ago)
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Baroness Barran
That makes two of us, as I am not a lawyer either. I hear the noble Lord’s concerns, but I think the approach of inquiries, as set down in the Inquiries Act 2005, has been reviewed and endorsed by your Lordships’ House. The Government do not see a need to make special provision for how inquiries into specific matters, such as child sexual abuse, are carried out.
Lord Campbell-Savours
Does the Minister think it is fair that uncontested evidence should be given in the public domain and go out in the national media?
Baroness Barran
I do not think my personal view on this is relevant. I understand the inquiry is being carried out strictly in accordance with the legislation that allows that to happen.
The Independent Inquiry into Child Sexual Abuse, as your Lordships know, was set up by the Government in March 2015 to consider the extent to which state and non-state institutions have failed in their duty to protect children from sexual abuse and exploitation, and to make recommendations to protect children from such abuse in future. As a statutory inquiry, it is underpinned by the Inquiries Act 2005 and has been given the powers it needs to expose the ways in which institutions failed in their duties to provide safe spaces for children and to get to the truth. As many noble Lords have noted, shining a light on these wrongdoings is of paramount importance, matched by the need to ensure that these failings are addressed and mitigated so that children are better safeguarded in future.
Noble Lords well know that the inquiry is independent of the Government, and rightly so. This inquiry is about people who suffered sexual abuse and exploitation as children because of the failure of state and non-state institutions and who for years have never found justice—people who believe that the state failed to listen to them in the past. That is why it is absolutely crucial that this inquiry is, and is seen to be, completely independent.
Under the Inquiries Act, the then Home Secretary agreed the terms of reference that set out the roles and responsibilities of the inquiry, and it is for the chair and panel to decide what the inquiry investigates and how. It is therefore not appropriate for me to use this debate to comment on the investigations of the inquiry, or to be seen to influence how the inquiry has interpreted its terms of reference. However, I can use this opportunity to remind noble Lords of the progress that the inquiry, chaired by Professor Alexis Jay, has been making in getting to the truth for victims and survivors.
The inquiry has confirmed 13 strands of investigation and has set out a timetable of public hearings that takes it up to February 2020. It has rolled out its Truth Project, providing victims and survivors with the opportunity to tell the inquiry what has happened to them. The inquiry has said that almost 2,000 accounts of child sexual abuse have been shared with its Truth Project so far. Over 200 individual victims and survivors are complainant core participants in the inquiry, as well as a number of other survivor groups and institutions.
In April 2018, the inquiry published an interim report in which it confirmed that it expected to make substantial progress by 2020. The inquiry also made a series of wide-ranging recommendations for change. Yesterday, after careful consideration, the Government published their response to the interim report. I am pleased to say we will take forward the great majority of the inquiry’s recommendations, and I am particularly pleased to note that the Government will establish a scheme to ensure that former child migrants receive a payment as soon as possible in recognition of the fundamentally flawed nature of the historic child migration policy.
The noble Lord, Lord Campbell-Savours, raised concerns about whether it is too easy for those alleging abuse to receive compensation from the Criminal Injuries Compensation Scheme. The inquiry is looking at the issue of compensation in some detail—although I fear the noble Lord may not be entirely pleased. The interim report rather highlighted barriers faced by victims and survivors when applying for compensation, including concern that some eligibility criteria have an unfair impact on them. For example, the inquiry reports that those with unspent criminal convictions are excluded from claiming compensation from the scheme in most cases, yet inquiry research also shows that some victims and survivors may commit criminal offences that can be directly attributed to the abuse they suffered, perhaps because it was encouraged by a grooming abuser—I am thinking particularly of the cases of the girls in Rotherham, with which the noble Lord is familiar. The Government have announced a review to consider whether the Criminal Injuries Compensation Scheme remains fit for purpose, and will consult publicly in 2019. I understand that in the past there have been instances where there has been abuse of the scheme.
This inquiry and the progress made would not have been possible without the strength of those victims and survivors who have been affected by child sexual abuse, and have come forward to give evidence, as noted by the right reverend Prelate the Bishop of Chichester and the noble Baroness, Lady Chakrabarti. We offer our continued support and sympathies for them. We also recognise the role of Professor Alexis Jay in leading and making progress with the inquiry.
While progress is being made, as the inquiry’s timeline for public hearings highlights, there is still much work for the inquiry to do as it continues to expose what went wrong, but also setting out how we can provide a safer future for children. Of course, the Government acknowledge that any investigation or inquiry of this type will have an impact on individuals who are alleged to have sexually abused children, as well as their family and friends. Many noble Lords have put that case most clearly this evening. The inquiry has protocols for restriction orders and redaction of information that may identify individuals within the material it discloses to core participants and potentially to the wider public, and these are published on the inquiry’s website.
On the issue of police releasing names to the media before a charge has been made, as raised by the noble Lord, Lord Paddick, this is covered by the College of Policing guidance on media relations, which has recently been updated to make it absolutely clear that it also applies to the release of names of deceased persons.
I understand that noble Lords have concerns about some aspects of the inquiry’s work, yet I urge the House to note the vital work of the inquiry and how crucial its independence from government is to its success.
I now turn to the noble Lord’s Motion to acknowledge the inquiry’s handling of evidence and the concerns raised by many of your Lordships, since this is the largest public inquiry of its kind. The inquiry is clear on its website that,
“Written and oral evidence … will include testimony from core participants who allege that they are the victim and survivor of sexual offences”,
and who are referred to by the inquiry as complainant core participants. I appreciate that this concerns some noble Lords. However, as the Government and the inquiry have been clear throughout, the inquiry’s focus is deliberately on the conduct of institutions and how any allegations were dealt with. At the risk of repeating myself, it is not for the Government to interfere with how the independent inquiry conducts its investigations.
The inquiry is receiving evidence and documentation from victims, survivors, government departments, police forces, churches, schools, local authorities and many other state and non-state institutions across England and Wales. It has held public hearings in relation to eight of its investigative strands, and has received over 158,000 documents, totalling over 1.7 million pages of A4. It is clear that the task the inquiry faces is significant. It has published on its website all the protocols it follows for the handling and publishing of documents. When the inquiry is closed down, the evidence will be transferred to the National Archives.
Several noble Lords raised the issue of false allegations and unproven allegations. False allegations are obviously an extremely serious matter, and accusers could be prosecuted for perverting the course of justice. Obviously, that would be up to the police to decide in each individual case. Where noble Lords feel that allegations are unproven, that information should be shared with the relevant police force.
In response to the points made by the noble Lord, Lord Campbell-Savours, on the single-strand aspect with regard to Lord Janner being named, I really do recognise and respect the strength not just of his feelings on this subject but of those of many other noble Lords who have spoken. However, I again remind the House that the inquiry’s focus is on the conduct of institutions and how allegations were dealt with. It is not looking into specific allegations of child abuse made against any particular person, living or dead. The position on this particular investigation into the handling of accusations about Lord Janner was revised, and refocused on the institutional failings, as was set out in the notices of determination published in April and May 2017. I understand that this position is being kept under review.
I hope I understood the point raised by my noble friend Lord Finkelstein correctly. On the timing of the public hearing of this strand, the chair has indicated that it will come after the conclusion of the criminal investigations into Leicestershire Police.
My noble friend Lord Hunt asked why the inquiry was not looking at the seven outstanding allegations in relation to Sir Edward Heath but was looking at the case of Lord Janner. I hope that I have addressed that question; indeed, I feel that the noble Lord partly addressed it himself, in clarifying the fact that the inquiry is there to examine institutional failings—and it is those failings that it plans to look at in relation to Lord Janner.
My noble friend Lord Lexden asked about the need for an investigation into the seven outstanding allegations against Sir Edward Heath. I am sure that he will not be surprised to hear that the Government’s position remains unchanged from the recent debates and Questions on this subject and is set out in the letter from my right honourable friend the Home Secretary to the noble Lord, Lord Armstrong of Ilminster.
Operation Conifer
Debate between Baroness Barran and Lord Campbell-Savours(5 years, 11 months ago)
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Lord Campbell-Savours
The noble Baroness has long professional experience in this area. How does she think we can move forward, protecting the reputation of people who have been falsely accused? Does she have a personal view on that?
Baroness Barran
I do not have a personal view on that but I thank the noble Lord for his question. In a moment I will comment on some of the ways in which we feel that progress can be made in this area.
In the words of the noble and learned Baroness, Lady Butler-Sloss, in an earlier debate on this subject, the police face an “unenviable and difficult task”, because they have a responsibility towards the accused as well as the victims. My noble friend Lord Lexden referred in the same debate to the research led by Professor Carolyn Hoyle and colleagues at Oxford University into the impact of false allegations of sexual abuse on those accused, particularly the fear of further allegations. Professor Hoyle rightly points out that this fear of further allegations is not true of other crimes. I know that pre-charge anonymity for suspects is of concern to noble Lords and has been raised by a number of speakers in this debate.
The release of suspects’ names to the media is addressed in the authorised professional practice guidance on media relations issued by the College of Policing. This makes it clear that the police will not name those arrested or suspected of a crime, save in exceptional circumstances where there is a legitimate policing purpose for doing so. Naming an arrested person before charge should be authorised by a chief officer, and the Crown Prosecution Service should be consulted. In May 2018, the college updated this guidance to make clear that this also applies where allegations are made against deceased persons. This seems to strike a sensible balance, but it is important that we get this right. The previous Home Secretary therefore asked Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to carry out a short, targeted review of police adherence to the guidance on media relations, looking in particular at pre-charge anonymity. The inspectorate is undertaking a scoping study this financial year to consider where inspection activity might best be focused. In addition, the College of Policing is consulting on this issue with the National Police Chiefs’ Council, the Police Superintendents’ Association and the Police Federation.
The Government are genuinely trying to ensure that lessons are learned from the experience of operating this guidance. I hope this will go some way to reassuring my noble friend Lord Sherbourne, the noble Lord, Lord Tunnicliffe, and others who mentioned this.
The Government’s position on Operation Conifer remains as set out in the letter that my right honourable friend the Home Secretary sent to the noble Lord, Lord Armstrong, in October. The letter has been placed in the Lords Library. I thank all noble Lords for the careful consideration they have given to this matter. I recognise that the inconclusive nature of the investigation’s findings are unsatisfactory for everyone. I will make sure that my right honourable friend the Home Secretary gets a copy of the Hansard containing this debate.
I understand that there will be disappointment, especially among the many noble Lords who knew and worked with Sir Edward, but I repeat what I said earlier in my speech: no inference of Sir Edward’s guilt should be drawn from the conclusions of Operation Conifer. It is also absolutely clear that those noble Lords who knew Sir Edward well do not have any doubt about his innocence. I share the view of my right honourable friend the Home Secretary that the cloud of suspicion hanging over Sir Edward could be removed only if it were possible to interview him personally, something that, sadly, can no longer happen.
The response to my noble friend Lord Lexden’s final question, sadly, is no. We remain of the view that this is a matter for the local police and crime commissioner to handle, and it would not be appropriate for the Government to seek to persuade him how to go about this.