Police Conduct and David Carrick

Baroness Bertin Excerpts

Thursday 19th January 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I agree with the noble Baroness that “misconduct” is not the right word for this; this is serious and violent crime. She is 100% right on that.

I cannot answer the questions in detail as to why the Met failed in its responsibilities on the collection and assessment of data, but the noble Baroness is absolutely right that there were serial failures, which unfortunately were repeated very often. I will add go into some detail: Carrick was the subject of five complaints from members of the public between 2002 and 2008, none of which was of a sexual nature. He came to the Metropolitan Police Service’s attention nine times prior to October 2021 for off-duty matters; the earliest was in 2000, prior to his police service. He was not charged with a criminal offence on any of those occasions, but his case history clearly revealed a pattern of behaviour which should have raised concerns, regardless of the outcome of individual incidents.

The Metropolitan Police’s processes did not properly identify the risk and he was granted clearance when he was vetted on joining the Metropolitan Police in 2001, and again in 2017—that was six years later than when he should have been re-vetted after 10 years’ service. There is no excuse for any of that; these are just unfortunate and simple facts. I am confident that Sir Mark, as the noble Baroness reiterated, is the right man to root this out and to sort it out, and I have no doubt that he will. I cannot answer the specific questions as to why he is reluctant to do certain other things, but I can ask him and perhaps report back.

I apologise for this long answer. The noble Baroness also asked me about his pension. The forfeiture of a police officer’s pension is a matter for the Pension Supervising Authority, and, for officers in the Metropolitan Police Service, that is the Mayor’s Office for Policing and Crime—MOPAC.

[Baroness Bertin (Con)]

My Lords, I have been sitting on an advisory panel for the Metropolitan Police’s ongoing review of PaDP, the armed unit where Wayne Couzens and David Carrick worked. I absolutely do not doubt the determination of either the Government or Sir Mark Rowley; he is obviously determined to try to root out dangerous and toxic officers. But he needs tools to do that. As it stands, it is an impossible situation, and I really hope that the review they speak of will be robust. Let us face it, the bottom line is that the bar to dismissal needs to be severely and significantly lowered for police officers. At the moment, it is vague and open to interpretation what constitutes serious misconduct and grounds for dismissal; it is absolutely far too woolly, and that needs to change. We well know that charges of domestic abuse, rape and sexual misconduct never get anywhere near court, let alone conviction; so these things are not being picked up in the way they should be.

When the new systems are put in place—I sincerely hope they are; I give full support to what the noble Lord, Lord Coaker, said about a full overhaul of the regulatory system—they should include discretion, common sense and, as we have just spoken about, an ability to join up the dots on these individuals. That may sound easy, but it will not be. It needs a proper restructure, resource and a complete overhaul; if we do not do that, I am afraid that nothing will change.

[Lord Sharpe of Epsom (Con)]

I entirely agree with my noble friend. One of the reasons for setting up the dismissals review is that Sir Mark Rowley has publicly requested that we look into this, to make his life, and those of other chief constables, potentially easier in this regard. It was also partly a review of the interim report by the noble Baroness, Lady Casey.

I happen to have the terms of reference in front of me, and I think it is worth going through them in a little detail; I will try to keep this reasonably brief. The terms of reference are to:

“Understand the consistency of decision-making at both hearings and accelerated hearings … Assess whether there is disproportionality in dismissals and, if so, examine the potential causes. Establish any trends in the use of sanctions at both hearings and accelerated hearings … To review the existing model”—


which I have already talked about a bit.

“Ensure that forces are able to effectively use Regulation 13 of the Police Regulations 2003 to dispense with the services of probationary officers … Review the available appeal mechanisms for both officers and chief constables”—


I know that subject that exercises many noble Lords.

“Consider the merits of a presumption for disciplinary action against officers found to have committed a criminal offence … Review whether the current three-stage performance system is effective”.


That is a very comprehensive set of terms. As I have already said, the review will be delivered back to us for consideration in four months, and I certainly hope that its recommendations will be acted on in full, in order, as I said at the start of this answer, to deal with Sir Mark Rowley’s request and to respond to the interim review from the noble Baroness, Lady Casey.