Criminal Justice Bill (Thirteenth sitting)

Chris Philp Excerpts

Committee stage
Thursday 25th January 2024 Public Bill Committees

[The Chair]

I have a couple of preliminary announcements. Members should send their speaking notes, if they have any, by email to [e-mail]. That helps to get the transcription done and made available to you as quickly as possible. Please switch electronic devices to silent; I have just checked mine, so hopefully it is okay. Tea and coffee are not allowed during sittings; that is just one of those things.

Clause 72

Crime and disorder strategies

Question proposed, That the clause stand part of the Bill.

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure, as always, to serve under your benevolent and wise chairmanship, Dame Angela.

The clause confers a new power on police and crime commissioners and other local policing bodies to make recommendations on the activity of community safety partnerships and, in turn, places a duty on community safety partnerships to consider those recommendations. Community safety partnerships will be duty-bound to consider recommendations, but they are not under a duty to implement them. However, if a partnership does not implement the recommendations, it must share its reasons for not doing so with the relevant local policing body, most likely the PCC.

The feedback from part 2 of the police and crime commissioner review, conducted by the Home Office in 2021, was that while the importance of local partnerships such as CSPs was widely acknowledged, they were not being used as effectively as they could be. Every public service should be accountable to the public, and to the local communities they serve. This provision will strengthen the accountability and visibility of CSPs and improve how they work with the relevant policing body to tackle crime, disorder and antisocial behaviour.

No one single agency can address all drivers of crime and antisocial behaviour, so partnership working between policing, local authorities, local education providers, the prisons, probation service, mental health trusts and so on are all very important. This measure will take a step towards formalising more that kind of collaboration.

I take the view, as I am sure other Members here do, that police and crime commissioners as directly elected representatives of the local people are particularly well placed to convene groups. More often than not, they chair the local criminal justice board. They have a lot of public visibility, convening power and influence, and provide visible public local leadership. The provision helps build on and strengthen the work that PCCs up and down the country are doing together. I commend the clause to the Committee.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Dame Angela.

I am a community safety partnership enthusiast. The partnerships, which were established under the Crime and Disorder Act 1998, are a crucial forum for leadership, partnership working around crime prevention and reduction, and problem solving. I chaired my partnership in Nottingham a decade or so ago, and saw at first hand the impact of all those partners coming together, with shared priorities and mutual accountability, in a partnership built on trusted, close relationships and focused on solving problems.

It is with a degree of sadness that I say that partnerships have fallen in prominence and impact in recent years. One of the major challenges these bodies have found, and one of the limiting factors to the proposals in the Bill, is that austerity has bitten the partners that formed CSPs, certainly as regards funding, and partners have pulled away. In many cases, we have lost the shared data and insight function, and some of the things that brought partners to the table. Some of the extras done by CSPs are seen as nice-to-haves, rather than crucial functions.

As a result, there is a danger, certainly in some parts of the country, of the partnerships becoming meetings, rather than problem-solving bodies. Of course, whatever saving is made is lost later, through the impact on the criminal justice process. Certainly, if I ever get the chance to sit where the Minister sits, I will seek to reallocate those bodies and use them to their fullest extent, because we know the impact they can have.

In the meantime, we have what the Government have offered us. I probed the issue a little in our evidence session with the police and crime commissioners, and the real impact of this measure is that we are setting the police and crime commissioner or the relevant deputy Mayor as first among equals, and giving them higher status in CSPs. They are clearly to be given primacy. I thought about voting against this clause, but I talked to PCCs and local authorities, and they have fewer concerns than I do. The requirement is relatively light, in the sense that the power is to make recommendations, rather than to direct. That is probably right, so I have not chosen to vote against.

I have some degree of enthusiasm for what the Minister said about public transparency on decisions and recommendations. If recommendations are rejected, at least there will be an explanation why; that is probably enough. We should make it clear—I hope that the Minister will—that circumstances in which this power was necessary would generally reflect a failure. If a PCC needs to direct their CSP, there is no doubt a bigger problem in play.

What we want—I am sure that the Minister does as well—is a family of organisations across sectors in a community. We are talking about principally public sector organisations, but also bodies in the community and voluntary sector and, to some degree, the private sector, coming together on a basis of mutual trust to identify the common challenges for crime prevention and community safety in an area. They should have agreed priorities and plans based on good-quality data, insight and understanding of what each organisation is doing. Those are all parts of the puzzle. They should work to common goals in the interests of their community. That is easy to say, but it can be a difficult alchemy to achieve sometimes. However, that is what makes change, and that is what we need to see from CSPs. It will drive us away from what we have sadly seen in recent years.

There has been a move to counting crimes, and a move away from problem solving and problem-oriented policing. I have to say, there is minimal value to having one partner able to trump the rest. However, in cases of dysfunction, it will be a valuable asset for a police and crime commissioner or a deputy Mayor for policing to be able to say, “Hang on a minute. We have the ultimate mandate in this area. We don’t think things are working. This is how they ought to work.” Every time this provision is used, it will be a sign of failure, rather than success, but nevertheless it probably does add some value, so we will not oppose it.

Question put and agreed to.

Clause 72 accordingly ordered to stand part of the Bill.

Clause 73

Ethical policing (including duty of candour)

--- Later in debate ---

[Jess Phillips (Birmingham, Yardley) (Lab)]

The enormous list of amendments in my name—it is time for everybody to strap in—is not necessarily a criticism of police forces, but is real recognition that women in our country do not trust the police. That is dangerous, because the women I work with have no choice but to trust the police. It is not a privileged position that they can take; they have to trust them, but they do not.

Clause 73 relates to the College of Policing’s code of ethics, but there is nothing at all about police-perpetrated abuse in it. Neither the code of ethics nor the standards of professional behaviour makes clear that police-perpetrated domestic abuse is contrary to the standards required by a police officer. Clause 73 should be amended to make it explicit that ethical policing also entails zero tolerance for violence and other forms of abuse against women and girls by police officers and staff. Amendment 135 does just that.

Why that is important should be pretty obvious. Conduct that constitutes domestic abuse or sexual violence should be clearly specified as being a breach of the code of ethics and of standards of professional behaviour, whether committed on or off duty. It is necessary to spell that out in legislation, because police forces still frequently take the approach that domestic abuse committed while an officer is off duty discredits the officer personally, but does not constitute a breach of the code of ethics or the standards of professional behaviour, as it occurred in the officer’s private life.

The Independent Office for Police Conduct’s guidance says:

“The Standards of Professional Behaviour and the obligations that they impose will be assessed in context, which includes whether they are on or off-duty at the material time. Police officers have a right to a private life”—

they do not have the right to be a domestic abuser, though—

“which must be factored into any assessment. Assessments of seriousness and public interest should include consideration of whether an off-duty behaviour discredits the police service.”

David Carrick was off duty when he raped all those women.

Forces are seizing on this in some cases to say that domestic abuse is personally discrediting for the officer, but not the police service. Jackie, an experienced police officer, was the victim of domestic abuse by her police officer husband. She reported the abuse to her force, but no criminal charges were brought, on the basis that there was not a realistic prospect of conviction because it was her word against her ex-partner’s. Misconduct proceedings were not pursued on that basis; the conduct alleged by Jackie had taken place while both she and her ex-partner had been off duty. It was therefore deemed to be part of their private lives. As a result, Jackie felt unable to continue working for the force. Meanwhile, her ex-partner had been promoted, and holds a leadership role in the force’s violence against women and girls strategic command.

Jackie’s case and others like it send a clear message about the force’s true attitude towards domestic abuse. Other officers have said that seeing how officers such as Jackie have been treated when they have tried to report domestic abuse speaks volumes, and that they would not report domestic abuse themselves, having seen how Jackie and others were treated by the force. Regardless of what the force says about operational pledges or other initiatives, the way it responds to allegations of police-perpetrated domestic abuse has a much greater impact on the willingness of other victims to come forward.

The relevance of abusive behaviour towards women to an officer’s suitability to hold the office of police constable and the impact on public confidence when perpetrators of domestic abuse hold positions in the police are being overlooked. Therefore, there needs to be a clear and unequivocal statement that domestic abuse committed by a police officer, whether on-duty or off-duty, will always discredit the police service if that officer is permitted to continue serving on that force.

Furthermore, subsection 2A(a) in amendment 135 refers to,

“sexual relationships with members of the public whilst acting in their capacity as a police officer”.

Section 1 of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021—some of us were on that Bill Committee as well—amended part II of the Regulation of Investigatory Powers Act 2000 so as to enable the authorisation of CHIS. That includes enabling under- cover police officers to participate in conduct that would otherwise be criminal.

A number of groups, including the Centre for Women’s Justice, the End Violence Against Women coalition, Justice, Women’s Aid and Police Spies Out of Lives, are very concerned about that in light of the significant history of undercover officers engaging in deceitful sexual relationships during the course of their under- cover deployment. A specific prohibition against such relationships should be included in the police code of ethics, making it clear that any such relationship is a breach of the code of ethics and of the duty under the standards of professional behaviour in schedule 2 to the Police (Conduct) Regulations 2020—to

“behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.”

Amendment 136 aims to ensure that there is independent external oversight to the code of practice from bodies that represent the interests of the victims and survivors whom this code seeks to protect. The Bill currently sets out a range of organisations that need to be consulted regarding the code of practice relating to ethical policing. However, while this code is being implemented following serious failings by policing to adequately protect victims, there is no requirement to consult organisations that protect the rights of victims to ensure that the standards set out in the code are sufficiently robust.

In the previous debate, the Minister said how important partners were in ensuring that things worked well. Amendment 136 would ensure that the interests of victims were entrenched in the code of practice and the duty of candour. We have heard concerns about police marking their own homework, yet the current state of the Bill is like allowing them to set their own questions in the exam. The current provision requires police to act

“in an open and transparent way”.

That should start with openness to external scrutiny by individuals whose role it is to uphold and promote the rights of victims. By including named commissioners as statutory consultees, we can ensure that the standards set out in the code are fit for purpose.

I move on to new clause 48. Gaia Pope-Sutherland was 19 when she died. She was one of a significant number of young women and girls with cases against a man who had served time for child sex offences. Gaia had reported that she had been raped by him, but her case was dropped by the police and dismissed by the Crown Prosecution Service. Her family believed that that was because her case was presented in isolation from all the other independent allegations of violence and abuse. Detectives were said to have been aware of allegations made against this man, who was accused of grooming her as far back as 2014.

Gaia was already suffering from severe post-traumatic stress and living in fear of retaliation from the perpetrator, so the collapse of the case had a devastating impact on her mental health. That contributed to her disappearance and death from hypothermia shortly before the suspect was due to be released from a prison sentence for other child sex offences.

What happened to Gaia is heartbreaking. I have met many victims of sexual violence, and many of them have spoken about how it is not the violence that broke them but the failed state response—that when they turned to the institutions that were supposed to be able to protect them and deliver justice, they were met with incompetence or discrimination and a system that was uncaring and silencing.

Gaia’s heartbroken family have courageously taken up the campaign to change this. They have been pushing for the “Gaia principle”, which stipulates that any failure by a police officer to comply with existing policies and guidance will be considered a professional standards issue and escalated to misconduct in the event that the pattern persists. It is basically trying to make the police do their job. It urges that all police forces investigate sexual violence crimes in line with the national operating model developed from Operation Superior, and that officers be held accountable if they fail to do so.

New clause 48 is a step towards delivering that principle. It makes diligent consideration of all intelligence on a subject—previous convictions, reports or accusations—an unquestionable or overt part of what we expect of our police officers in their service. Repeat offending is a critical issue in the investigation of VAWG. The VAWG national strategic threat risk assessment notes:

“A relatively small number of highly prolific offenders are responsible for a disproportionate amount of crime.”

The Femicide Census tells us that in 59% of intimate partner or relative homicide cases, a history of abuse towards the victim is evident. Research from Respect shows that a quarter of high-harm domestic abuse perpetrators are serial offenders, some having as many as six victims. Between 41% and 59% of Operation Soteria offenders were linked to more than one offence, and that is just the tip of the iceberg. One study sample revealed that 120 undetected rapists, defined as those whose offences met the legal definition of rape or attempted rape but who had never been prosecuted, were responsible for 1,225 interpersonal violence offences, including rape and child sexual and physical abuse.

The picture is clear: we know who these men are and what they are doing, but because of endemic police failure to investigate properly and a lack of co-ordinated professional curiosity, those known perpetrators are acting with impunity. New clause 48 makes the investigation of potential perpetrators a central part of policing. It is unbelievable that I have to say this—the country would think that this is happening—but that must be a part of the standards of their professional behaviour.

The police must live up to that and be held accountable for it. If a serving officer fails to do his or her job properly, they must face consequences and disciplinary processes, and if necessary they must no longer hold that role. That seems obvious, and it is extraordinary that we are debating it, but rape has an appallingly low conviction rate: a perpetrator is held to account in just 1.5% of rape cases. The devastating lived experience of families such as Gaia’s makes it clear that we cannot continue.

The new clause, based on the “Gaia principle”, will ensure that survivors of VAWG are no longer denied justice and left in danger because police investigators fail to investigate a suspect properly. As I said, it is named in memory of 19-year-old Gaia Pope-Sutherland from Dorset, who lost her life following these failures.

[Chris Philp]

I thank the shadow Minister and the hon. Member for Birmingham, Yardley for explaining their very thoughtful amendments. We will obviously have a stand part debate a bit later, but in short, and for context, clause 73 places a duty on the College of Policing to issue a code of practice relating to ethical policing, which must include a duty of candour, delivering one of the points of learning set out by Bishop James Jones in response to the Hillsborough disaster, which Members of this House and this Committee—including you, of course, Dame Angela—have discussed extensively.

The Government and the House obviously take police integrity and accountability very seriously indeed, which is why the code of ethics and the duty of candour are so important. Amendment 63, in the name of the shadow Minister, asks for information to be set out that specifies what actions are to be considered ethical. Although the Bill is not yet in force, the College of Policing has acted pre-emptively—that is helpful for this Committee, as we have something to look at—and has already published and set out a statutory code of practice for ethical policing under section 39A of the Police Act 1996. It has met the statutory requirement that we are looking to legislate for in this clause already, even though the Bill is not yet in force. Once the Bill is in force, it will have to maintain that code and review it.

--- Later in debate ---

[Jess Phillips]

It would not pick up employment issues raised by one police officer about their police officer husband. The police currently operate on a criminal threshold in an employment environment, which is a dangerous precedent. We would not allow that anywhere else. We do not allow it in here. It would not have helped Jackie in her case. On looking at criminal records or other intelligence—we will come to the intelligence that they are not looking at in a moment—it needs to be explicitly stated that we do not want domestic abusers in our police force.

[Chris Philp]

We certainly do not want domestic abusers in our police force. To be clear, domestic abuse is rightly a criminal offence. If someone gets convicted of that, it will be on the police national computer. Even if there is not a conviction, because the victim does not want to proceed with a prosecution, the evidential threshold is not met or there is an acquittal or whatever, the police national database, as distinct from the police national computer, records intelligence and information more generally.

Even if there is no conviction, for whatever reason, information that is received gets recorded on the police national database. If there has been an allegation that has not been prosecuted and there is no conviction, that will still show up on the police national database and therefore be considered in the data washing exercise, even if there has not been a criminal conviction.

[Jess Phillips]

To what end? They will find that somebody made an allegation, but how many result in “no further action”? If they found that there were three allegations against a police officer by three different women, they went, “No further action.” To what end? We are washing it, but I want to put it on after it has been washed.

[Chris Philp]

It is in order to make decisions about whether the officer concerned meets the standards required for vetting. The hon. Lady made this point a second ago. The standard for employment should be much lower than the standard for criminal conviction. Obviously if there is a criminal conviction, the expectation is that the person will be dismissed. Where there are allegations that are concerning but have not been proved, we would expect that to adversely affect the officer’s vetting status.

We made a change last summer, I think, to say that an officer has to clear vetting not just once when they are first hired—this was a problem in the Carrick and Couzens cases—but throughout their career. If the data washing exercise brings out information that is not necessarily criminal but means that the officer does not meet the vetting standards, we expect action to be taken. I am speaking from memory here, but in something like 150 of those 461 cases, there is now a misconduct investigation, so not criminal. Nine of them are being investigated criminally. About 150 misconduct investigations have been triggered, which will pick up examples such as the one the hon. Lady just mentioned although they do not meet the criminal threshold.

To elaborate on that, the paragraph about discreditable conduct includes the requirement that police officers behave in a manner that

“does not discredit the police service or undermine public confidence”—

“undermine public confidence” is an important phrase—and that is

“whether on or off duty.”

Each case is assessed on its own facts, but I expect— I am sure the hon. Lady would expect this, too—credible allegations, in particular credible repeated allegations, of domestic abuse, even if not prosecuted or convicted, to undermine public confidence in the officer concerned. The hon. Lady would definitely take that view and I would as well. I have not looked at all 150 cases individually, but I expect that a number of those recently uncovered cases include examples such as the one I have set out.

Critically, the data-washing exercise, that check, will now happen on an ongoing and repeated basis, and it will give a lot of assurance. [Interruption.] I apologise— I said 150, but actually 88 cases have been triaged for disciplinary investigation. It was not 150; I was mis-recollecting. It is 88 of the 461. But I hope that gives more confidence to the public, including women, particularly as the vetting will happen on an ongoing basis—we have funded that. Maintaining vetting clearance throughout an officer’s career, which could be 30 years, rather than just having it at the beginning, will help to rebuild confidence.

[Jess Phillips]

If the vetting has to be ongoing, where is that written into primary legislation? I do not doubt the good faith of the Minister—we have all said as much in Committee—but how can people like me have a guarantee that it will happen forever? Secondly, the Minister made a valiant effort to point out to the shadow Minister, my hon. Friend the Member for Nottingham North, where exactly all the duty-of-candour things appeared in the ethical code of practice for policing. But I have just had a quick scan of that, and it does not mention domestic or sexual violence once.

[Chris Philp]

Maintaining vetting throughout an officer’s career rather than just at the beginning of it is set out in the vetting code of practice, which was published by the College of Policing, I think, in July last year. The ongoing checking against the police national database is an operational practice. We have put funding behind it, so there is money to pay for it, and the relevant National Police Chiefs’ Council lead has publicly committed to doing it. The hon. Member for Birmingham, Yardley is right that such vetting is not a statutory duty, but the Government have funded it and the police have said that they will do it, so Parliament will hold them to account to ensure that they deliver on that commitment and continue to do so.

The hon. Lady asked about the “Guidance for ethical and professional behaviour in policing”, which was published recently. Some relevant information, which the Committee will want to hear about, is in that document. Two more documents are also relevant, one of which was published earlier this week. This is confusing, because three documents fit under the umbrella of the codes of practice.

The statutory document, under section 39A of the Police Act 1996, was published on 6 December and I quoted from it previously. Two more documents were published in the past few days: “Guidance for ethical and professional behaviour in policing”—also issued by the college, and I can provide a copy—and “Ethical policing principles”. Those three documents should be taken together.

The first of the two new ones is relevant to amendment 135. It has some sections that answer the questions that have just been asked, including the one about inappropriate relationships. The “Guidance for ethical and professional behaviour in policing”, published only a few days ago, has a section on “Fairness and respect”, which includes things such as:

“protect vulnerable people and groups from behaviour that is abusive, harassing, bullying, intimidating, exploitative or victimising”

and

“avoid any behaviour that could cause unreasonable distress or harm, including any behaviour that might interfere with…colleagues’ ability to carry out their duties”.

Clearly, exploitation, which obviously includes domestic abuse, is covered, but so are other things such as victimisation, harassment and abusive behaviour.

[Jess Phillips]

Does the document say whether that is on or off duty? Does it include officers’ own personal relationships or does it just apply to members of the public?

[Chris Philp]

The document talks about treating everybody in those ways. It also goes on to talk about relationships, which obviously can happen inside and outside policing. It also talks about—I think this was the topic of amendment 135—ensuring that there are appropriate boundaries between police officers’ professional roles and personal relationships. It particularly talks about recognising

“the need to manage…relationships with the public because of the existence of a power imbalance”,

respecting “personal and professional boundaries” and maintaining

“the integrity and rights of those we come into contact with”.

Critically, it also states:

“do not use our professional position to pursue a sexual or improper emotional relationship with a member of the public”.

I think that speaks directly to the concerns raised in paragraph (a) in amendment 135, which expressly references the same thing. That is in the document that I just mentioned.

What the whole group of amendments tabled by the shadow Minister and the hon. Member for Birmingham, Yardley calls for is covered in these documents, which have been published by the College of Policing under section 39A of the Police Act 1996. If there are gaps in them, obviously they can be updated.

Someone—I think it was the hon. Member for Birmingham, Yardley—asked, “Why not set it all out in the Bill?”. The documents are quite long—29 pages, 10 pages and something like 30 pages: there is a total of 60 or 70 pages of guidance. It is rather difficult to put that much detail into the Bill. What the Bill is doing is compelling—not asking—the College of Policing to publish these documents. The detail is obviously in the documents, and I hope that the Committee can see, from the examples that I have given having rifled through the documents, that they address the topics that one would want to see addressed.

[Jess Phillips]

I thank the Minister for giving way again; it is good to have this debate. I must say, as an expert in this field, that what the document says is not good enough. That brings me to amendment 136—which specialist agencies who work with victims of domestic violence did the College work with to write this? It is not good enough, I am afraid to say. I can take that up with the College of Policing, but that is also not the mechanism.

[Chris Philp]

There is obviously a duty to consult various bodies in preparing the code of practice. I know that the College of Policing and its chief executive, Chief Constable Andy Marsh, engages extensively with a number of people. The hon. Lady lists in amendment 136 the Domestic Abuse Commissioner, the Commissioner for Victims and Witnesses, and the Independent Anti-Slavery Commissioner. I do not know whether the College of Policing expressly consulted those people in preparing the codes of practice, but I can undertake to ask its chief executive and find out.

I appreciate that the hon. Lady has probably not had a chance to read the documents, because two of them got published only earlier this week. Once she has had a chance to look at them, if, based on her experience and work in this area, which I know is extensive and long-standing, she thinks that some things have not been properly addressed, I am happy to commit to raising them directly with the College and ask that they be addressed in the next iteration of the documents. I am definitely happy to do that whenever the hon. Lady is ready; if she can set down what she thinks is missing, I will raise those issues.

I am told that the three organisations that I just read out, which appear in the hon. Lady’s amendment, actually were consulted routinely on the documents. However, as I said, if, once she has had the chance to read the documents, she finds in them things that are not properly constructed, I will definitely raise them with the chief executive of the College on her behalf. She can obviously do so directly, but I will certainly do so reflecting her advice as well.

I essentially agree with the spirit of all the amendments. However, because of the detail published relatively recently, on 6 December and in just the last few days, my view is that what is being asked for has been essentially incorporated into the documents. As I said to the hon. Member for Birmingham, Yardley, if she especially or any members of the Committee feel that things are missing, I will absolutely take them up with the chief executive, should a view be formed that changes would be useful and appropriate.

[Alex Norris]

This has been a really important debate, and I am grateful for the case made by my hon. Friend the Member for Birmingham, Yardley. The Minister’s very full answer was much appreciated by us all. Interestingly, my hon. Friend and I focused on two different issues, but they have the same principle at root: the public must be able to expect that public organisations—in this case, the police—are candid, transparent and making their best efforts to do the best job in all circumstances. That should be obvious, but we know that too often that has not been the case, and Hillsborough brought that into sharp relief. Alongside that, in the cases mentioned by my hon. Friend there is a more numerous although less high-profile drumbeat of mundane failure, which has been almost baked into the system. Those will never be the subject of a high-level inquiry; instead, there are people dying in doorways, unaccounted for, unknown and unseen. We should believe that we can do better than that.

I am grateful for what the Minister introduced in relation to the work of the College. I was going to say this in the next debate when we talk about vetting, but we have full confidence in and we believe in Chief Constable Andy Marsh. He is excellent; he has engaged with us on the Opposition Benches and he is always very good, so no point that I make is against either him or the College. The question, for us, is about the degree to which we are comfortable with subcontracting important judgments about how one of the most crucial public services operates to other organisations that we cannot scrutinise in the same way as the Minister and the Home Office. There are times when that is very much the right thing to do, and when we cannot and should not seek to operate those things remotely from here; we would not have the time and it would not be appropriate.

[Chris Philp]

We both have confidence in the College and Chief Constable Andy Marsh—in fact, now is a good time to thank him for the work that he and his colleagues at the College have done. On the subcontracting of important things to the College of Policing, I should say that the statutory code must be approved by the Home Secretary prior to its coming into force. That gives not parliamentary approval, but at least some level of democratic oversight on what goes into it.

[Alex Norris]

If I am honest, that level of oversight might not give much comfort to us in the Opposition, but never- theless that at least gives the code a statutory footing, which is in itself very much valued. We must make the judgment of when we are happy for others to make those decisions and when we believe that it is our responsibility to set a tone. That remains the case, particularly around candour; I will come on to amendment 149 in a second.

I turn to the amendments tabled by my hon. Friend the Member for Birmingham, Yardley. One of the most important things we can say—and I hope that the Minister will say this at some point; I do not think that he has said it yet and it is really important for the amendment—is that we believe that off-duty conduct is relevant to establishing the character and suitability of officers. My hon. Friend’s amendment mentions a couple of cases where standards that we would routinely expect to be met have not been, whether that is in a domestic abuse or sexual violence situation or related to the point around spy cops. We ought to send a stronger signal on that.

I confess that I have not yet had the chance to see the documents that have been published in recent days. I hope that they pass the test that the Government’s own documents often fail around gender. As my hon. Friend the Member for Birmingham, Yardley said, the Government managed a whole Domestic Abuse Act without mentioning women. We cannot lose sight of what is happening here—it is not exclusively male perpetrators and women victims, but that is largely the case. This is a gendered crime, and we ought to treat our regulation in that way.

I heard the Minister’s point about amendment 136. While we have to admire the College of Policing’s diligence in publishing the code prior to its becoming a statutory requirement, if the consultation has not happened yet there will be a period of time when that work could take place, prior to the Secretary of State signing it off, and for it to be understood that the commissioners mentioned in the amendment would be routinely consulted during the development of the process. The insight that those individuals have on those cases, as we saw in the evidence sessions, is hugely valuable.

I turn to new clause 48. As my hon. Friend said, the public should be able to expect that relevant intelligence is always considered; it is not. The Gaia Pope-Sutherland case is absolutely devastating. If the Bill is not the place for this detail, we need to hear a strong signal that it is what we expect of policing—what the public expect and should be able to expect.

On amendment 63, I think the Minister is right. I am happy to withdraw it as it is covered by the document he mentioned. I cannot quite share his view on amendment 149. We should not misconstrue that what is in the Bill now means that police officers are obliged to act with a duty of candour. What is in the Bill is that chief officers have a duty; what is in the College of Policing’s guidance, at paragraph 4.5, is that that duty to act with openness and—I forget the other word—is then pushed to other officers.

[Chris Philp]

“Openness and candour”.

[Alex Norris]

Openness and candour. But that does not have a statutory underpinning. There is carrot but no stick—that is the point I am trying to make. The code covers chief officers. It will not really cover their staff—not so that we can have confidence that the job has been done with regard to the duty of candour. There is still a gap.

As I have said, I have doubts about whether the Bill is the right vehicle for the change that the Opposition seek on duty of candour, so I will not press that point to a Division yet. But the issue will come back at later stages and in other legislation as well. We certainly do not think that the job has been finished.

[Jess Phillips]

On amendment 135, the Minister offered to sit down and talk to me about what needs to be in the document. On reflection, I will not press the amendment, in the expectation that that will happen before the Bill goes to the other place. We shall see how we feel about the matter then.

[Chris Philp]

On a point of order, Dame Angela. Could I ask the hon. Member for Birmingham, Yardley, through you, to make contact with me with her thoughts when she has looked at the document? I would be grateful.