Police Reform and Social Responsibility Bill

Baroness Doocey Excerpts

Thursday 14th July 2011 Lords Chamber

[The Minister of State, Home Office (Baroness Browning)]

My Lords, the government amendments to Schedule 14 correct a number of drafting errors that have come to light during the passage of the Bill. The changes are necessary in order to ensure that the changes to the existing police complaints legislation work properly. I assure noble Lords that in the main they are technical, drafting points that, for example, correct incorrect numbering and add consequential amendments that were missed. I realise that there are other amendments for debate in this group. I beg to move.

[Baroness Doocey]

My Lords, I will speak to Amendment 256 in this group. Before doing so, I apologise to the House that I may be unable to stay until the end of the debate. I have to attend a special meeting of the Metropolitan Police Authority where the commissioner is coming to answer questions about the events surrounding the various police investigations into the News of the World.

The amendment relates to the handling of complaints against senior police officers in London.

[Baroness Anelay of St Johns]

I apologise to my noble friend Lady Doocey and I am most grateful to her for allowing me to intervene. This is the first time that I have heard a Member move their amendment and say that they might not be here at the end of the debate. Clearly, the Minister has to be in a position to respond to my noble friend. Perhaps she will consider her position and either continue and undertake to remain until the end of the debate on the amendment, or perhaps ask one of her very able colleagues to move the amendment on her behalf. I am concerned that we should not deviate from the normal practices of the House. I think that the noble Baroness, Lady Hamwee, may be about to offer her assistance.

--- Later in debate ---

[Baroness Hamwee]

I hope that I can reassure the House. In discussions with my noble friend, neither of us realised that we would reach this group quite so soon. My noble friend should be able to be here until well after we have got through this group—unless she is going to take an hour and a half, in which case there will be other problems.

[Baroness Doocey]

I apologise to the House if I have got it wrong yet again and I thank my noble friend Lady Hamwee. My amendment relates to the handling of complaints against senior police officers in London. The Bill proposes that responsibility for complaints against senior ACPO officers—that is, officers below the rank of deputy commissioner—should be moved from the Metropolitan Police Authority to the Metropolitan Police Commissioner. My concern is not that this would make the commissioner responsible for employing, promoting and disciplining officers—I do not have a major problem with that—but that it would also make him responsible for sackings and, crucially, for hearing appeals against his own rulings. It would remove all the elements of independence and transparency that the Metropolitan Police Authority currently provides and would in effect make the commissioner judge, jury and executioner.

The proposals are deeply flawed because they concentrate too much power in the hands of the commissioner without any proper checks and balances. There is also no effective framework to safeguard impartiality. I am aware of the Government's response to the argument. They argue that it is commonplace for complaints to be decided within an organisation rather than by an external arbiter. However, this fails to appreciate that police officers are in a unique position. They are officers of the Crown who have the power to detain members of the public and to take away their freedom through arrest. Consequently, there is no valid analogy with how other organisations—even the Armed Forces—deal with complaints, conduct, dismissals and appeals. It is in the interest of the police that they should be able to demonstrate an independent element in the assessment of the seriousness and reputational risks of allegations made against their most senior ranks. The Bill envisages allowing appeals to the IPCC, but only at the end of the process. That is no substitute for an independent review of whether standards of conduct may have fallen below those that the outside world would recognise as proper.

Lack of independence also creates another problem. A very likely consequence of the new system is an increase in the number of complaints against the commissioner for failing properly to investigate complaints against ACPO officers under his command. If those making complaints against a senior officer feel that the issue has not been properly or sufficiently well dealt with in the first instance, they will almost certainly lodge a complaint against the chief officer. The whole rigmarole in turn creates an increased possibility of legal challenge.

I believe there is a more fundamental problem. In any closed institution, such as the police, it is common for custom and practice to become entrenched. An independent element is vital to provide a counterbalance and to ensure due process. It is worth considering the virtues of the current system for handling complaints. At present the Metropolitan Police Authority hears complaints through its professional standards cases sub-committee and there is a right of appeal to the Police Appeals Tribunal. This current system is not an accident of history. It evolved to address concerns about the perceived lack of independence and accountability in how complaints and conduct matters had been handled previously. Are we really confident that policing has matured sufficiently to deal with these concerns? The Government seem to be ignoring the lessons of the past and are therefore likely to repeat the errors of the past.

Since the Bill abolishes the Metropolitan Police Authority, the purpose of my amendment is to restore equivalent safeguards to the new arrangements. The amendment would, within London, make the Mayor’s Office for Policing and Crime the relevant appeals body. It is also essential that the Mayor’s Office for Policing and Crime has statutory access to all information and systems where complaints are recorded. Without this, the Mayor’s Office for Policing and Crime will be totally reliant on the commissioner advising it of complaint or conduct matters. It would also be unable to discharge the functions proposed in the Bill to ensure that chief constables have fulfilled their duty in the handling of such complaints. The Government’s proposals do no favours to the PCC. They expose him or her to accusations—unjustified, one would hope—of conflict of interest, bias and favouritism. This amendment would avoid these pitfalls without in any way affecting the proper authority of the PCC and the correct limits to his or her discretion. I therefore commend this amendment as a means of preserving the necessary elements of independence, transparency and impartiality. I beg to move.

[Lord Hunt of Kings Heath]

I understand the thrust of the noble Baroness’s argument, but it is interesting that in her amendment she seems to be proposing that outside the Metropolitan Police area the chief constable still carries out that function. I wonder why she has not amended the situation outside London. The logic of what she is saying is that if it is the MOPC in relation to the Metropolitan Police area, it would presumably be the police and crime commissioner who would do the same thing in other areas. I should be grateful if she would clarify that point for me.

[Baroness Doocey]

I can only plead ignorance and apologise. My amendment was meant specifically to deal with London and I do not think I was sufficiently good at checking that the final version of the amendment dealt just with London. I crave your Lordships’ indulgence.

[Lord Hunt of Kings Heath]

I am very grateful to the noble Baroness for that. She has raised an important matter of principle and it will be interesting to see what response the Minister gives. If it were a sympathetic response, in which we had an opportunity at Third Reading to discuss this again, she might wish to look at the wording of the amendment. That depends on the Minister.

The principle that the noble Baroness has enunciated must be right. I hope she will pursue this. As for the government amendments, we, of course, welcome them.