BAME Communities: Stop and Search

Ben Wallace Excerpts

Wednesday 23rd May 2018 Westminster Hall

[The Minister for Security and Economic Crime (Mr Ben Wallace)]

It is a pleasure to serve under your chairmanship, Mr Owen. I thank the hon. Member for Bradford West (Naz Shah) for bringing this debate before us and for her contribution. Stop-and-search is a vital policing tool, and I welcome the fact that everyone who has spoken in this debate has recognised that it has a place in policing. I believe, however, that if that power is misused, it is counterproductive, has a negative impact on police-community relations, and is a waste of police time.

I patrolled some of the most hostile community areas in my early life. I patrolled the Turf Lodge in west Belfast, Northern Ireland and carried out stop-and-search there. At the time, that community was far more hostile than any on the mainland of the United Kingdom. I was also an intelligence officer two years later.

The nub of the issue is that stop-and-search is a tool that is often tactical rather than strategic. As the Minister responsible for security in the United Kingdom, I have the strategic responsibility of trying to keep people safe. That is what I am here to do. I will empower our police, intelligence services and communities to use whatever tools they can to do that. Sometimes we have to balance tactical and strategic needs.

I agree with Opposition Members that what really stops crime is gathering good intelligence, when communities speak to police and community representatives and tell them, as they would say in Lancashire, who’s a wrong’un. As a Lancashire MP stuck between two Yorkshire MPs from either side of the House, I felt in a somewhat difficult position in this debate. What stops crime in the long term is when the community is on the side of the police and gives them information. That can be casual information or well-sourced information, and it could come from police working hand in hand with community groups to deliver the knowledge needed to use targeted searches. Sometimes that will mean doing less stop-and-search, if it means that there is a longer-term investment in communities to ensure a better flow of intelligence.

We should be slightly cautious about that, because every community is different. I joke about west Yorkshire, but it is different from Lancashire. Our communities behave differently and our ethnic communities often behave differently among themselves, so we have to be acutely aware of individual sensitivities at a local policing level. In my view, one of the most important decisions a chief constable can make is the right appointment of the chief superintendents in the divisions that they police, because at that rank of the police force people hold in their hands the relations with the community. If they get it right there is a massive decline in crime, but there can sometimes be a rise just across divisional borders when they get it wrong.

After being spat at, abused or petrol-bombed, or after one of my soldiers had been murdered, it used to be tempting for me to walk down the street in west Belfast and abuse back. That would be tempting and understandable for any human being who had seen people killed who they owed a duty of care to, who they valued and, sometimes, who they loved. But it does not fix the problem in the long run. In the long run, the problem is solved when the community realises that the police are its help and saviour, not its enemy. That is why we have to get the balance right on stop-and-search, and why the Government started that process by introducing a reform package in 2014.

I make the point to the Opposition that if we are to be less tactical and more intelligence-led, it is important to give our police and intelligence services the power to gather that intelligence. It is no good saying on the one hand that we want less indiscriminate or blanket targeting, but on the other that we oppose Prevent or some of the investigatory powers measures that allow us to gather that intelligence, to be more targeted at people committing or planning wrongdoing and to ensure that we can leave the population alone to live their lives free of interference. That is an important point.

Good intelligence gathering and good intelligence measures and powers are how we can allow our police to leave people alone to carry on their daily business freely, and how we can ensure that we do not end up with such a disparity that we get into the circular debate that I have heard today about whether we go after more people from certain groups because those groups commit more crimes, or vice versa. I urge the Opposition to reflect on that in discussions about Prevent and other issues.

[Ms Abbott]

The Minister has raised the issue of Prevent. I certainly have called for a review of it, but the concern is not that we do not need that type of strategy, but that the current Prevent operation has done what I have argued that stop-and-search has done: it has not helped to heal relationships or promote better relationships between certain communities and the state. We want a Prevent-type strategy, but we want one that works. The problem with Prevent is that in many communities—not all, but many—it has become a tainted brand.

[Mr Wallace]

I have published the figures, and I would venture that Prevent is working. It allows people who have set off on a path of violent extremism to be diverted from that path and to re-engage in society, and in doing so, it protects many of us on the streets. The figures show that hundreds of people who had been a serious concern are not in prison—we did not cut corners and lock them up without trial, or that sort of thing—but back in their communities, and some of them, hopefully, are back in the mainstream.

We all have a job of recognising and communicating that Prevent is about safeguarding. When we do, and when I speak to communities up and down the United Kingdom, we find that although some in the communities are worried about it or do not like it, a growing number of people realise that it is a safeguarding tool that works.

We have had many debates about Prevent before, but it is about allowing communities, alongside local police, to engage, and about seeing what we can do to make people desist, disengage and turn around. In some communities it works, but I know that, as the right hon. Lady says, we have more work to do in other areas. Whenever I say, “Please give me an example of your version of Prevent,” every single person just describes Prevent. They do not usually come up with anything different, because at the end of the day it is effectively a safeguarding measure.

I need to press on to the heart of the debate about stop-and-search. In 2014, when we started work on a major public consultation on the use of the power, troubling evidence came to light that it was not being used fairly, effectively or, in some cases, lawfully. For example, figures showed that of 1.2 million stop-and-searches carried out in 2010-11, only 9% led to an arrest. Her Majesty’s inspectorate of constabulary, as it was known at the time, found that potentially more than a quarter of stops carried out by the police were without sufficient legal grounds, and it also found poor knowledge of the law on stop-and-search among officers and their supervisors.

Statistics also showed that if someone was black, they were seven times more likely to be stopped and searched than if they were white, and three times more likely if they were Asian. That was a cause for considerable concern, and still is. It is not that we have forgotten about it, and I would not like the Opposition to venture that that was the case.

As a result of extensive public consultation and community engagement, and of working closely with the police and other partners, the Government introduced several measures, such as clarifying “reasonable grounds for suspicion” in PACE code A, which governs the use of stop-and-search powers, and publishing stop-and-search data on police.uk, which offers local transparency to understand how the police serve their communities.

I take the point of the hon. Member for Bradford West, who asked how there could be oversight. She made a point about police and crime commissioners that I was disappointed with, and if what she said is the case, we should all do more to ensure that it is not. They should have a role in that regard, and they should have it further up their agenda. They have the power to hold chief constables to account. I do not know what the response from her local chief constable is, but if something is troubling the local community, that is the point of our PCCs. They should be communicating, taking those things on board and seeing what steps they can take to ensure that such things are not happening.

[Philip Davies]

The Minister trotted out a rather meaningless statistic about the proportion of stop-and-searches on different communities. Is he saying that it is Government policy that there should be the same proportion of stop-and-searches for each ethnic group of the country as their make-up of the population? Otherwise, what on earth is the point of him saying that a certain ethnic group is stopped and searched more often than another? Does he accept that it is inevitable that some ethnic groups will be stopped more often than others, or is he saying that it should be the same figure for every ethnic group?

[Mr Wallace]

I am saying that it should always be clearly targeted. The geographic breakdowns give a better picture. The hon. Member for Ealing Central and Acton (Dr Huq) talked about sociology and statistics, and it is important to look below the national figure at the local figures. Often, they show where we can put things right, where there is a disparity, or where the figures are just a reflection of the crime trends, as my hon. Friend the Member for Shipley (Philip Davies) talked about.

Before this debate, I asked for some regional statistics. In 2016, in Merseyside, if someone was Asian, they were less likely to be stopped than if they were white, and someone was 2.8 times more likely to be stopped if they were black. In West Yorkshire, they were 1.5 times more likely to be stopped than if they were white. In Lincolnshire, someone was less likely to be stopped if they were Asian than if they were white, but if they were black, they were 4.8 times more likely to be stopped.

Those regional or county statistics are really useful, because they help to answer other questions. I had assumed that the figure of black people being 8 times more likely to be stopped was predominantly driven by London, but in the Metropolitan police area, someone who was black was only 3.8 times more likely to be stopped. If they were Asian, it was about the same as if they were white.

When I look at those figures, I ask myself about community relationships, about whether we have a tactical rather than a strategic approach, and about the relationship between PCCs and the chief constables. By looking at the information at force level, we will get a more informed picture on the circular debate about whether it is because people commit more crimes, whether we as the state are doing something wrong, whether communities are not supporting the police, or whether there is a particular problem with organised crime groups in certain areas.

The 1981 riots are important to consider, and they came up in yesterday’s debate on serious violent crime. One of the biggest differences between crime in 1981 and today is the scale of organised crime and the ability for it to be organised through mobile telephones and encryption, as I said yesterday. We should recognise that organised crime is colour-blind. It does not care whether someone is black or white; it will shoot or stab them, and sell them drugs, no matter what. I suspect that some of the least racist people in this country are the drug dealers—they are delighted to sell anyone their poison.

We must remember that one of the differences between 1981 and now is the modus operandi of organised crime. It targets communities using county lines, meaning that some of our communities are more vulnerable to being exploited than they were before. I do not know the exact answer to that. Some of it will be an increase in stop-and-search where there is a particular problem with organised crime groups, because that may be the only tool that the local police have at that moment in time. Some organised crime groups have become much quicker at moving into a community before the community spots them, and then delivering their drugs, moving people around and moving couriers from outside an area into it so that the local community does not recognise them.

Also, communities are much less settled now than they were in 1981, which is a challenge. How do our frontline police deal with what is sometimes a very dangerous threat but short-term threat, whereby people move in, carry out their crime and then move on again? Addressing that will be a challenge. Stop-and-search will play a strong role in meeting that challenge, but more than anything, intelligence will play a role in stopping these criminals and hopefully preventing them from getting ahead of us.

We rolled out the voluntary Best Use of Stop and Search scheme, introducing greater transparency and public scrutiny, and the measures in that scheme have all been delivered. Every force in England and Wales signed up to the scheme, putting in place all of its components, which enable the public and the police to better understand how stop-and-search is used and how it can be improved upon. PACE code A, which governs how stop-and-search is carried out, was changed to make it clear that “reasonable grounds” cannot be based on race or stereotypical images, and the College of Policing developed and rolled out national standards and training, including mandatory unconscious bias awareness. We expect to see further improvements following on from those changes.

In answer to the hon. Member for Bradford West, the Home Office—in collaboration with the College of Policing through its national policing curriculum, Her Majesty’s inspectorate of constabulary and community interest group representatives—is reviewing the Best Use of Stop and Search scheme, to take into account the three years of operational experience and feedback from practitioners, organisations and the public. A refreshed version of the scheme is currently being developed, with a view to a nationwide launch by the end of the year. The refreshed version will place further emphasis on community involvement and the need for forces to monitor and explain their use of stop-and-search.

HMIC has observed improvements across the 43 forces in a number of areas. For example, in 2012 the inspectorate found that 27% of stop-and-search forms that it examined did not show that there had been sufficient grounds for a lawful search. By 2017, that figure had dropped to 6%.

As for race and ethnicity, in 2016-17 substantially fewer black individuals were stopped and searched than before; the figure was down by 74% from 2010-11, when there were more than 110 searches for every thousand black people. The number of Asian individuals being stopped and searched has also fallen by 79% since 2010-11. By anyone’s yardstick, those figures represent a significant change and show that things are going in the right direction.

Nevertheless, the figures still show that if someone is black, they are more than eight times more likely to be stopped and searched than someone who is white. As I said earlier, I think that to explore those statistics further and perhaps understand what is behind them, we should look more at our force levels.

[Philip Davies]

I appreciate that the Minister is in a difficult position, because he has to defend the remarks on stop-and-search that the Prime Minister made when she was Home Secretary, which are virtually indefensible and which are unravelling, as we speak, on the streets of London. However, it is reported in the newspapers today that the Home Secretary is at the Police Federation conference and will say that he has only been in his job a few weeks and he is not going there to tell the police how to do their job. Yet I get the impression here that the Government are still trying to tell police officers how to do their job. What I want to hear the Minister say today is that we have a great police force, they do a great job, we trust them to get on and do their job, and the Government will support them. Can he bring himself to give that message to our police officers today?

[Albert Owen (in the Chair)]

Order. Before the Minister responds, I ask him to leave a couple of minutes at the end of the debate for the hon. Member who secured the debate to sum up.

[Mr Wallace]

I am not sure whether my hon. Friend the Member for Shipley attended the debate in the main Chamber on serious and violent crime yesterday. If he had, he would have heard me say, as I also said on the radio yesterday morning, that I believe we have the finest police force and intelligence services in the world. I have absolutely no doubt of that.

However I also know, from my own experience, the tension between a tactical response and a strategic response. Providing such responses is what I have experience of doing in very dangerous conditions, and yes, sometimes I stopped and searched. I stopped and searched and found a grenade; I stopped and searched and found a car full of Semtex, despite the mob that appeared when I did that. But I also know, from when I was an intelligence officer, that if the police either stopped and searched in a heavy-handed manner or did it in an untargeted way, all my sources dried up. And then guess what happened? The IRA made a bomb and killed lots of people.

One response is strategic and one is tactical, and we can all play to the gallery and just play to the tactical side for the daily headline. However, my hon. Friend might want to reflect that my job is to deliver strategic security for this United Kingdom, which means balancing risks. Getting the right stop-and-search, which is intelligence-targeted, without setting communities against each other, will be the best way to deliver a strong, strategic and secure community.

So I am not playing for the Daily Mail headline for my hon. Friend; I am playing making my community safe. That is the reality. The Prime Minister had the wisdom to spot that and we in the Home Office are going to deliver it. We will listen to the Opposition and urge them to support us on some of our intelligence-gathering measures, which may mean their having to balance risks. It is important to do things that way. I am determined to deliver, and we are on the right track. I want to make sure our communities are engaged with that approach.

We all accept that stop-and-search is a tool, and we can use it and use it well. Nevertheless, the best tool is when someone in the community picks up the telephone and speaks to their local police force, and as a result we manage to arrest the people carrying the knives and dealing the drugs before they are on our streets.

[Albert Owen (in the Chair)]

I am grateful to the Minister for leaving time for Naz Shah to wind up the debate.