Police, Crime, Sentencing and Courts Bill

Baroness O'Loan Excerpts

Lords Hansard - part two & Committee stage
Monday 22nd November 2021 Lords Chamber

[Lord Moylan (Con)]

My Lords, I have two points to raise. Following the right reverend Prelate the Bishop of Leeds, I start by saying that this is a sensitive subject. I agree with him that, even though this is the day of burial of Sir David Amess, and he is in our thoughts, I do not wish to criticise the police and their conduct on that day or talk about that incident. I want to talk at a slightly more abstract level. I appreciate that anyone in charge of the crime scene on that day faced a difficult decision and it is not for me to criticise what they did at that time; that is not my point.

My first point is to stand back and ask a more abstract question: who owns a death? The assumption, especially when a death is violent or in emergency circumstances, is that the death is owned by the state—by the police and the ambulance service primarily. They are in charge, it belongs to them and everybody else must have permission to be admitted. Even the right reverend Prelate the Bishop of Leeds sort of admitted that and gave that point away by saying that police needed better training to understand why and when they should admit people to the scene.

I would go a little further and say that the claims of the police and ambulance service have to be understood and considered in the light of other claims. Those other claims include the claims of the family and the dying person themselves as to who owns what is going on and who has a say. If we simply collapse into thinking that it is just a matter of getting better police procedure, we are conceding the major point. Of course it is in the public interest that a criminal who has killed people should be brought to justice, that their trial should be fair and the evidence preserved. But that is not the only interest in a death. It is not the only subject and there are other claims we should consider.

This afternoon, as some noble Lords know, there was an Oral Question on this topic in my name on the Order Paper. One noble Lord genuinely asked: has this subject ever come up before? I think he meant: has it ever come to a ministerial desk before? The answer of my noble friend was that she thought not—that the Amess case had brought it to public attention, but it had not really come up before. However, the real answer to that question is, “Yes, yes, yes”. It has come up before, for example at the Manchester Arena, and countless times in care homes over the last year throughout this country; it just does not rise to the level of Ministers’ desks.

Here, I have to admit that I have taken some advice from a distinguished academic specialising in emergency response, and I am told by her that this is partly because there is indeed police training on this subject, but it is primarily focused on how to explain to the families afterwards why the priest was not allowed in. That is the main focus of police training, rather than training them to think of the circumstances in which they might relinquish their claim—valid though it is—in order to respect the claims of others. That is my first point, and I think we should reflect on that.

My second point is a little more practical: we can do this better if we want to. We have done it better in the past. I was told today, again by the same distinguished academic, that there are lovely pictures from the Second World War of ARP wardens going into bomb sites—arduous and horrible work—immediately after a bombing to try to rescue the dying and recover the dead. They were accompanied by clergy with “ARP clergy” written on their tin hats, because it was assumed that these people were correctly and properly embedded in any team that was going to identify, and to find and rescue, people who were dying in the wake of a bomb. Of course, in those circumstances, there was no question of identifying the perpetrator. The perpetrator was well known and was not going to be brought to criminal trial on that basis.

I am treading on slightly uncertain ground for me here, but if you go to other countries—to Israel, for example—I am told that where there are bombs and emergency responses, there are people who are again embedded with the police. They would not be clergy because Judaism operates in a different way; there is no function, as I understand it, reserved to a clergyman in Judaism that cannot be carried out by a lay person. Although the approach to death is slightly different—it is not a question of last rites for the dying, but more a case of the proper treatment of the dead—these people are embedded with the police and it is all well understood. My noble friend Lord Moynihan, asking a supplementary question earlier today, drew attention to practice in certain US states. Again, there is much better relationship, a working relationship, between the police and what are called faith groups, in exactly these circumstances.

That illustrates the two points. First, we need to ask ourselves some radical questions about who is charge in these circumstances, and who has a claim—not just as a petitioner, merely standing at the door asking—to be there at the death. Secondly, if we want to, we can do better. That is why, today, I asked my noble friend if she would at least undertake a study that looked at practice in other countries and jurisdictions to see how they do it and what we can learn from that. I think we would benefit greatly from that. I do not ask any more.

[Baroness O’Loan (CB)]

I thank the noble Baronesses, Lady Stowell and Lady Masham, for tabling this probing amendment, prompted by the tragic and terrible murder of Sir David Amess and the inability of the attending priest to gain access to Sir David in what may have been his final moments. I am not sure if it is a declarable interest but, like Sir David, I am a Catholic. My support for this amendment is a product of my faith.

In almost any situation in which someone has suffered a terrible injury, there is the possibility that a crime has been committed and therefore, of course, the location of that injury will become a crime scene. Current police procedures are very specific about the management of such scenes and actions taken in those first minutes may be critical to resolve any crime that has been committed. The responsibility lies with the first officers to attend. Access to such a scene is necessarily limited. A scene log will be created to manage and record all the activities within the crime scene. However, a variety of people do gain access. They include ambulance and medical personnel, undertakers, photographers and scene of crime officers. They all have a legitimate purpose in being at the scene, but not all these purposes relate to the maintenance of the integrity and provenance of any material that may be recovered from the scene. Crime scene officers are required to ensure that persons entering the scene are wearing suitable protective clothing to prevent contamination of the scene, and to ensure that they are protected from any hazards present. So, it is possible to provide safe access for clergy that will not in any way contaminate or inhibit an investigation. The question then must be: is it desirable to do so?

Northern Ireland has seen the cost and the benefit of the presence of a priest on many occasions. The PSNI has worked with very well with clergy of all denominations. Perhaps I could remind your Lordships of the terrible murder of the two corporals, Derek Wood and David Howes, by the Provisional IRA on 19 March 1988 in west Belfast. Father Alec Reid of nearby Clonard Monastery attended them as they lay dying. His prayers—his intervention at that most savage moment—were enormously important to so many.

Two Belfast priests died during the Troubles attending their parishioners who had been shot. Father Hugh Mullan died in 1971, going out into gunfire knowing that he could be shot. Another, Father Noel Fitzpatrick, died in 1972 when accompanied by a parishioner, Paddy Butler. Waving a white handkerchief, he attempted to reach wounded men during sustained and heavy gunfire. These were brave men living their call to minister. It has long been a tradition in this country and many others that there is recognition of the value of spiritual and pastoral support. For this reason, chaplaincy services are publicly funded in many situations. However, at the present moment, attending an emergency scene as a priest can be a daunting experience, as the response of police and ambulance personnel is not certain. It depends on a decision made by someone who may have no religious faith and who may see absolutely no justification for permitting access by a priest.

To be able to receive sacramental spiritual support in the event of a death, or possible imminent death, is of profound meaning and importance to Catholics. Indeed, the support of a priest or other minister of religion is of great importance to those of other denominations and faiths. As your Lordships have heard, Cardinal Nichols and the Commissioner of the Met have agreed to establish a joint group to study the access given or refused to Catholic priests at scenes of traumatic violence and to consider whether any changes are required to the guidance issued to officers facing such a situation. This is a very positive initiative that will inform the national debate. There can be no doubt that many factors will be considered but, given that safe access, with protection against any crime scene contamination, can be secured, the primary question must be whether such access should and can be managed in a way that will enable the celebration of the sacraments at this most sacred moment, the moment when we believe a soul is passing.

Undoubtedly, any future guidance will require processes for the identification, training, et cetera, of clergy who might be granted access in such situations, but these are practical issues which can be resolved. I put my name to this amendment because I believe it can be done, and it should be done, for the support of the dying person and for their family and friends, who may be enormously comforted by the fact that a priest was allowed to attend someone at this most sacred moment.

[Baroness Newlove (Con)]

My Lords, I support this amendment. I appreciate the time, but as somebody who has lost somebody to a violent act and has been in a crime scene, I reiterate the words of my friend, the noble Baroness, Lady O’Loan. I am a Roman Catholic, but actually I am speaking about the procedures that the police had in place on that night. I was in a crime scene and I had to wait for permission to leave that crime scene and to be able to go and see Garry, who was dying. He died on the ground—he came around and then they rushed him. It may have been only minutes but it was hours in my mind. You have to wait for police procedures. I fully respect that the police are doing what they are doing, but it did feel at times that it was about the process and not about the dying man on the ground and my three daughters, who were covered in blood, being whisked away as victims of a horrendous, horrific crime. Even the priest in the hospital had to step away with anger at seeing how vicious a scene it was.

I support this probing amendment, not out of disrespect for the police officers, but I do believe that there are a lot of processes that go on. Even the Home Office is on the phone to see if things are flagging up. So, with respect, to make this procedure a lot better, we have to look at how we help victims and their families. My heart has gone out to Sir David’s family, because the shock of those seconds of losing somebody is something you will never, ever get over.

Police, Crime, Sentencing and Courts Bill

Baroness O'Loan Excerpts

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I have listened to everybody speak, and I appreciate that it is late at night, but I ask my colleagues around this Chamber to remember that we are talking about a human life that was horrifically and brutally taken. We have a family broken to bits. I have to say that, as somebody who has been through the criminal justice system, and as a mother of three daughters, my emotions are running high, because it was at this time of night that Sarah went missing and the searches began. Yet here in this Chamber we are arguing over having a statutory inquiry for the soul of Sarah Everard. We have colleagues here waiting to see whether we are going to divide, and saying that we are going on too long and are going round in circles. I feel ashamed to listen to these conversations, when we in this Chamber should be thinking of Sarah Everard and her family.

Let me tell you that it is not easy for the family; every day is hard. We are talking about a family that is traumatised. Any information that has come from any Minister or any government department will not be absorbed, because they are trying to get through every minute of every day. I am not saying this to be emotional—“Oh, calm down, my dear”—and I am not a legal eagle, as my fellow colleagues are who have just spoken articulately, but what I can say is that it is absolutely shameful that this Government are putting this inquiry into two parts.

That is not to say I cannot thank the Minister for taking the time to discuss this. The shame of it is that we are going to go through part 1, which deals with all the things that we already know, and that is why it is quite quick, and then, following advice to the Home Secretary, she or he—I have worked with several Justice Ministers as Victims’ Commissioner, and it is quite right that there is a carousel—will make a decision. It is unfortunate to think that an adequate and eloquent lady will give advice to the Home Secretary only for that person to yet again make a decision with no timeline.

It could be one of your daughters who they find. You could have to go through these media perceptions, asking what she was doing out late at night. Yet we protected an ex-police officer by saying that we do not know what has gone on and will have to find out. We are fighting here to discuss the place of a statutory inquiry. Given the public interest and all the window dressing from politicians across the House—because this Bill does go back to the Commons to be debated once again—I think that is shameful.

This House works best when we work together but tonight, at half past 11, I have been on my feet and travelling for 14 hours. I have health issues; I have taken my painkillers to be here to speak up for Sarah Everard. To walk a mile in the shoes of this family, in this horrific case shows that they are now relying on people giving messages, with no legal intervention. Yet we, as the unelected Chamber, can fight for this important inquiry. It is disgraceful that it is in two parts.

At this time of night, we are playing politics. Maybe the Government will win this Division and maybe we will, but it is shameful. Everyone in this Chamber needs to be aware that this could happen to them and they would go through the same system. It does not matter who you are—at the end of the day, we owe it to the public to make demands. We have asked the Government to order a statutory inquiry. Only then will the police be held accountable, only then will we stop police forces and officers marking their own homework and only then, speaking from my former role as Victims’ Commissioner, will they be truly accountable. In any other role, we would be sacked. We would be going through a civil investigation, a duty of care, vicarious liability—whatever it may be.

We are talking about a human life, a young woman who committed to go into a car with a police officer. For absolute assurance, for the public interest, for public safety, for our young and future generations, for our daughters and our sons, we owe it to help the public gain confidence in a system that is supposed to be there to protect us. Most importantly, what we see as the ethos of the police officers who put that uniform on has disintegrated.

We must have a statutory inquiry for the soul of Sarah Everard and, indeed, for the sake of humanity. If we do not, this will be a shameful decision that we will always regret having made.

[Baroness O'Loan (CB)]

My Lords, I am pleased to support this amendment in the name of the noble Baroness, Lady Chakrabarti, as well as those of the noble Lord, Lord Carlile, and the noble Baroness, Lady Newlove, who has spoken so eloquently and passionately on this subject. The Government claimed that the inquiry that was established would be quicker as a non-statutory inquiry; from my experience, that is not necessarily the case. The reality is that in phase 2 of this inquiry, if not in phase 1, we need an inquiry under the Inquiries Act 2005, which is not limited to the activities of one officer but embraces the very important issues of recruitment, vetting, funding and resourcing of anti-corruption activity, and the fact that the IPCC is so underfunded for the anti-corruption work that it has to do.

My inquiry and others before it have pointed out the serious deficiencies in the management and funding of those elements of police responsibility that are dedicated to identifying criminals within police ranks and dealing effectively with them. I reported in June last year. Given my experience of investigating matters involving the MPS, the IPCC and the Crown Prosecution Service over some six years, I do not believe that a non-statutory inquiry can act as effectively as one armed with the power to compel witnesses and the discovery of documentation. My panel was to report within 12 months of receiving documentation. We received our first documents in January 2015 and our last in March 2021. We reported three months later, saying:

“It is very important that lessons are learned about planning and preparation before the appointment of panels and similar public scrutiny bodies to avoid unnecessary distress to the families of those affected and unnecessary delays and costs to the public purse.”


I am sure that everybody’s thoughts tonight are with the family of Sarah Everard and with all those women who are listening, as the noble Baroness, Lady Chakrabarti, has said, and who will be affected by the outcome of this inquiry. Earlier, as we sat waiting for this amendment to be called, a number of Members—noble Baronesses—were discussing what it feels like as a sole woman to walk out of your Lordships’ House at this time of night and later, and try to find our way safely to the places that we stay in.

Police, Crime, Sentencing and Courts Bill

Baroness O'Loan Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

I have added my name to this amendment for four reasons. First, the need is clear: we need complete protection of victims and the public interest, and to make certain that recalcitrant are no longer able to delay. Secondly, the duty of candour is clear: there is no doubt about what it entails. Thirdly, the remedies provided in the proposed new clause are extensive and proportionate. Finally, there can be no reason for delay. Why does it need consultation? It does not. The proposed new clause and the need are clear; we should pass this amendment.

[Baroness O’Loan (CB)]

My Lords, I thank the noble Lords, Lord Rosser and Lord Paddick, and the noble and learned Lord, Lord Thomas, for tabling this amendment.

Briefly, a duty of candour would bring about a change of mindset and culture by requiring openness and transparency about what has happened in investigations. It would lead to a more efficient deployment of resources, which would have a beneficial impact on the public purse. It could very much help to contradict allegations of police corruption and will grow confidence in the leadership of the police service because there would be a statutory obligation of openness and transparency, and therefore an assumption there would be compliance with the law rather than a suspicion of cover-up or, even worse, corruption. The amendment is framed to protect all necessary matters but to enable a different positive approach to the delivery of policing. I support the amendment.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I welcome that the opposition is united in support of this amendment.

The police have failed to own up to many of their mistakes. I personally have experienced police evasion, police spying and police deceit. It beggars belief that there is no duty of candour on our police force already. It actually imposes their own idea of what the law says and this is completely wrong, so I very much support this amendment.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lords, Lord Rosser and Lord Paddick, for affording us this further opportunity to debate the case for a statutory duty of candour. They have rightly highlighted the importance of the police’s openness and transparency, which is a very serious matter. It is at the heart of public confidence in policing and ensures that the police are held to the highest standards; this is crucial to maintaining that confidence.

As I did in Committee, I start by highlighting the extensive work that has already been done and is ongoing to improve integrity and openness in policing. Back in February 2020, we introduced a statutory duty of co-operation for serving police officers as part of wider integrity reforms. This duty forms part of the standards of professional behaviour set out in Schedule 2 to the Police (Conduct) Regulations 2020 and, in so doing, has the force of law. It is worth quoting in full the relevant paragraph:

“Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness.”


A failure to co-operate in this way constitutes a breach of the statutory standards of professional behaviour, by which all officers must abide, and could therefore result in a formal disciplinary sanction. I put it to the House at this point that this duty to co-operate puts a greater onus on officers than the duty of candour provided for in this amendment, as they could ultimately be dismissed for a breach.

The duty to co-operate has been introduced since the issues that were highlighted in the Bishop James Jones report concerning the bereaved Hillsborough families’ experiences, and the issues relating to the work of the Daniel Morgan Independent Panel, which were later highlighted in its report. We are keen that this duty becomes fully embedded within the police workforce. The recently announced inquiry, chaired by the right honourable Dame Elish Angiolini QC, will provide a further test of this duty.

In addition to the standards of professional behaviour, the College of Policing’s code of ethics delivers a set of policing principles and ensures that ethics are at the centre of all policing decisions. The college is currently reviewing the code and intends to further promote a policing culture of openness and accountability. The Government are confident that the work of the college will ensure that candour is directly addressed through this review.

Noble Lords will be aware that a response to the Daniel Morgan Independent Panel and Bishop James Jones report concerning the bereaved Hillsborough families’ experiences will provide a government view on a wider duty of candour for all public authorities. Before the Government respond to these reports, it is clearly imperative that the Hillsborough families are given the opportunity to share their views. We hope that this happens as soon as is practicable.

Bishop James’s report also encouraged public bodies to sign the proposed charter for bereaved families. This has now been signed by the NPCC, on behalf of police forces, so that the perspective of the bereaved families is never lost. The charter commits forces to acting with candour, and in an open, honest, and transparent way, when facing public scrutiny, for example through public inquiries.

Regarding the point made by the noble Lord, Lord Paddick, the decision on disciplinary action is not just for forces. Of course, the IOPC can also call it in.

In conclusion, we believe that the existing legislation requiring officers to co-operate already amounts to a duty of candour, and this is complemented by the further commitments that policing has made to transparency and openness. That being the case—

[Baroness O'Loan (CB)]

The Minister has described a duty of co-operation, which is not the same as the duty described by the noble Lord, Lord Paddick, and others, in the amendment. It is not fair to explain that they are the same and that a duty of co-operation goes further than a duty of candour. They are two different duties and the obligation to comply with charters and standards is very different from the obligation to comply with the statutory duty.

[Baroness Williams of Trafford (Con)]

I was making the point that, in some ways, the duty of co-operation goes further because of the sanctions afforded to it, though I know that the noble Baroness, Lady O’Loan, for whom I have the greatest respect, disagrees with me.

Regarding an officer resigning or retiring, if he or she is found to have committed gross misconduct, the chair of proceedings can decide that they would have been dismissed if they had not already left the force, so leaving the force is no longer a way out, since this automatically places the officer on the College of Policing’s barred list, preventing them from working in policing again.

I know that the noble Baroness does not agree, but I hope that the noble Lord will withdraw the amendment, although I am not sure that he will.