Police Federation Reform (Normington Report)

Baroness Primarolo Excerpts

Thursday 13th February 2014 Commons Chamber

[Mr Davis]

That is an extremely imaginative suggestion. I have my own ideas about what should happen with the money, but my hon. Friend’s idea should be taken into account.

In making these assertions, I have largely depended on whistleblowers—people who have bravely come forward, shocked at what they have seen—but police whistleblowers are particularly at risk and so are loth to enter the public domain, which makes it hard to check what they have said. As a result, I called on the federation to publish its expense accounts and live up to generally expected standards of transparency. I did this so that I could confirm or deny whether these claims were correct. As far as I am aware, the federation has not published these expense and credit card accounts, which leads me to believe that the whistleblowers are right.

It is up to the federation’s members to say whether they consider this profligacy acceptable, because mostly—but not entirely—it is their money, but they cannot make that judgment unless they know exactly what is being done in their name with their money. So that is another reason to have total transparency in these accounts. Yet another reason concerns my right hon. Friend the Member for Ashford (Damian Green), who as Minister for Policing, Criminal Justice and Victims represents the Home Office on the Front Bench today. We put taxpayers’ money into the federation—it is there properly to perform a function we want performed—so it might be the case that taxpayers’ money is being wasted at these conferences.

The federation appears to have a problem with transparency. It is telling that it failed to answer even Sir David Normington’s requests concerning the so-called No. 2 accounts used by the various branches. This money comes from selling insurance and then keeping a rake-off or commission, but so far the federation has not been willing or able to provide the information that Normington asked for. I understand that this probably accounts for £35 million of assets just sitting around the country. Again, this is money that belongs to serving police officers, not the organisation.

Contrary to the federation’s claims earlier this week, the full details of the 11 grace and favour apartments are not published in its accounts. I will not spend much time on this, but, to save colleagues time looking it up, I recommend they read note 3 of the federation’s accounts. It is the only reference to the apartments, but it does not contain what I would recognise as details telling us that these are grace and favour apartments used for the benefit of federation officers, with or without the approval of its members. It is clear that the federation does not know what transparency means, but it can only restore trust in itself if it imposes transparency on all its operations as a matter of urgency.

The federation’s use of funds raises another matter. It has formidable financial muscle. I guess its total assets come to about £70 million, the majority coming from subscription fees, but some from the No. 2 accounts. The last set of audited accounts showed the federation with a surplus, over and above all its costs and profligacy, of £3.5 million per annum.

In addition, we see in the costs that about £10 million was spent on administration, including the profligacies that I talked about. Most astonishingly, £8 million every single year was spent on legal actions. Furthermore, there are provisions against the loss of certain active legal cases—in one case, for up to £1 million. Other such provisions are for £350,000 or £450,000.

Let us understand something. The right hon. Member for Tottenham is here and will well understand that sometimes there are good reasons for the federation to act vigorously on behalf of its members. Big legal and individual interests will be in play in the Duggan case, and in such cases it is entirely proper that provisions should be made. I do not in any way criticise that element of legal defence, although I have to say that it should come about through an insurance function rather than through the discretion of a Fed rep. Never mind.

Such legal action is justifiable, but on many occasions aggressive litigation should not be carried out against those bringing complaints against the police. Chris Mullin, the distinguished predecessor of the Home Affairs Committee Chairman, has previously said that although most unions will not act on behalf of a member who is clearly in the wrong, the federation has a long track record of defending the indefensible and will gleefully launch claims against the victims of crime.

There are two recent examples of the federation’s appetite for litigation. PC Kelly Jones sued a burglary victim after she tripped on a kerb outside his garage and PC Richard Seymour sued another burglary victim after falling over a drain on his property. In both instances, it was the Police Federation that assisted in progressing the claims, despite the pleading of senior officers that such claims were detrimental to the image of the police force. This is based on press reportage, so I cannot be sure of it, but the federation has been accused of pressuring PC Kelly Jones into making her claim when she had no desire to do so. I hear from other whistleblowers that it is not uncommon for federation members to be actively encouraged to make claims that Members might find inappropriate. A particular concern—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I gently remind the right hon. Gentleman that the Backbench Business Committee recommends that the opening speech should last for 10 to 15 minutes. He has now been speaking for 20 minutes. Ten Members wish to participate, and there is another debate this afternoon. We are all hanging on the right hon. Gentleman’s every word, but he should bear it in mind that other people are involved. I would be grateful if he concluded soon.

[Mr Davis]

Absolutely, Madam Deputy Speaker. I have been generous with interventions—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I have to tell the right hon. Gentleman that that does not count; the 10 to 15 minutes are not qualified in any way. The right hon. Gentleman has been generous in giving way, but other Members will want a reasonable time to participate.

[Mr Davis]

I will be as brisk as I can, Madam Deputy Speaker.

I come to the most serious point of the debate: the bringing of defamation cases against people who disagree with the police’s version of events. There is no downside for a police officer when they pursue a libel action backed by the enormous resources of the Fed. That raises two distinct and concerning issues. First, action against the press, who must hold the police to account, is utterly against the interests of a fair and free society except in very clear-cut circumstances. Secondly, there is the action taken against members of the public, whom the police are charged with protecting, who disagree with the police’s version of events. That insulates the police from criticism and from being held to account for what they do. Such actions should not take place. If the federation is using its financial might to crush legitimate claims against officers or—worse—to pursue those who have already been subject to a police stitch-up, to take an extreme example, that huge injustice would compound existing injustices.

My next point is about the Normington report on politically motivated campaigns. It said:

“Throughout our inquiry we have heard allegations that some Federation representatives who have personally targeted successive Home Secretaries, Andrew Mitchell, Tom Winsor and others, bringing the Federation into disrepute and risking the police reputation for impartiality and integrity…If the Federation wants to be respected and listened to in the future, this has to stop.”

Such actions are completely unacceptable and contrary to the purpose of the Police Federation.

Finally, I turn to what should be done. As we consider whether progress and reform should be left to the federation, we should bear two simple points in mind. Are the interests of its officers, who have something to lose—a cushy job and good pay—or are the interests of the members being pursued? It is vital that the members themselves should be properly represented.

Last week, Fiona McElroy, a former principal private secretary brought in to help the federation achieve the reforms, was fired; her deputy also left the federation in outrage at her treatment. I ask the Minister to give the federation two ultimatums. First, it should immediately sign up to recommendation 1 and accept the revised core purpose to act in the public interest, with public accountability alongside accountability to their own members. Secondly, it should accept all the other Normington recommendations before its triennial elections this year, when it will lock in place a whole set of officers for another three years. If it does not do that, the Government will, I think, be properly authorised to intervene. In my view, if they do intervene, they should implement Normington-plus—put in place all the Normington proposals and in addition act to deal with the profligacy and misuse of public and members’ money.

Such a move, I am afraid, would mean selling the Leatherhead headquarters, centralising the money and giving back to members the funds that the federation has inappropriately used in the past several years. That would be about £500 a member and would still leave a viable federation. That is how we can make the Police Federation serve its members and, equally importantly, serve the public of the nation that its members are there to uphold.

[Several hon. Members]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Eleven Members now wish to speak. I suggest that each takes no longer than 10 minutes, including interventions. I will not put that limit on the clock, but if it looks as if some Members who have sat here patiently will not get to speak because we are running out of time, I will impose a formal time limit. Hopefully, however, 10 minutes with interventions will be enough for the main points to be covered.

--- Later in debate ---

[Mark Reckless]

Will my hon. Friend explain what specific role he sees the Police Federation playing in assisting that process?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the hon. Member for Bournemouth East (Mr Ellwood) answers that, may I say to him that this debate is about the Normington report on reform of the Police Federation and that the debate on the police was yesterday? He needs to focus on the Normington report and not every so often in a sentence say, “Police Federation,” to make himself in order.

[Mr Ellwood]

I accept your guidance, Madam Deputy Speaker. I am also conscious of the time and that the Front Benchers want to conclude this debate.

My hon. Friend the Member for Rochester and Strood (Mark Reckless) makes an important point. The changes I have discussed can come about only if the federation itself embraces them. As we have heard again and again today, it has been an obstruction against, and a hurdle for, those changes. My hon. Friend is right to ask the question, but it needs to be put to the federation itself so that it can address what it needs to do to recognise the changes needed.

In conclusion, the Police Federation has an important role to play—from bottom up, not just top down. If changes are to take place and if we are to see greater collaboration between constabularies, that needs to be embraced and promoted by the federation itself. Even with the advances in communications and technology, traditional practices across the police force, as well as those between all three emergency services, have resulted in a silo mentality and a convoluted web of interoperability that successive Governments have been deterred from overhauling. The longer we wait, the more complicated it becomes to improve inter-service procurement, training, operations and ministerial oversight. I believe that the Police Federation will rise to the challenge of reform, and I hope that it will consider some of the ideas and solutions proposed in this debate.