Stop and Search: West Midlands

Christina Rees Excerpts

Wednesday 17th November 2021 Westminster Hall

[Christina Rees (in the Chair)]

I remind Members that they are expected to wear face coverings when they are not speaking in the debate. That is in line with current Government guidance and that of the House of Commons Commission. I also remind Members that they are asked by the House to have a covid lateral flow test twice a week, if coming on to the parliamentary estate. That can be done either at the testing centre on the estate or at home. Please also give one another and members of staff space when seated and when entering and leaving the room.

[Nicola Richards (West Bromwich East) (Con)]

I beg to move,

That this House has considered the use of Stop and Search in the West Midlands.

It is a pleasure to serve under your chairmanship, Ms Rees, and to have secured the debate. I begin by referring to my entry in the Register of Members’ Financial Interests, as I am a board member of West Bromwich town’s business improvement district.

The bottom line for this debate that I want to highlight is: stop and search saves lives. It is one of the most effective methods police officers have to take dangerous weapons and drugs off our streets quickly, as I have witnessed in my constituency. At its core, stop and search is about pre-empting dangerous situations before they happen. It also acts as a deterrent to violent individuals, if they know that the police are willing to use the powers effectively. Not only does stop and search protect members of the public, it also saves some perpetrators, who might be vulnerable adults and children, from becoming further involved in crime and illicit activities, perhaps giving them the chance to change their path, once they face up to the consequences of their actions.

I felt compelled to apply for this debate after reading the comments of the West Midlands police and crime commissioner about stop and search in the Express & Star on 2 November. That came out of the recently published new crime plan for 2021 to 2025, in which he stated that

“if searches are only leading to an action in about a quarter of cases, then it is legitimate to ask if the ‘reasonable grounds’ threshold for a lawful search has been met in connection with many of the searches that take place.”

That concerns me, because not only can little be taken away from those metrics, but officers going about their job to protect our communities are undermined and the zero-tolerance messaging that we should be seeing is compromised. Let me explain why I feel that the police and crime commissioner’s comments on the ratio of positive searches are not proportionate.

Were the police to pull over a car of four people because of suspicious activity, and found either drugs or a weapon on just one occupant of the car, that is treated as a 25% positive outcome of the overall search under the official police definition, as four people were searched in total. If a weapon were found or recovered after the event took place, that would not be recorded as a positive outcome at all, even if police suspicions were right.

That shows that none of the data can be taken at face value, but must always be viewed with nuance and context. If the police and crime commissioner bases his measure of success solely on positive search rates, he will in effect be limiting the use of stop and search artificially to create more positive searches from a pool of fewer overall searches. The statistics do not back up that approach, and I am concerned that the policy will lead to more knives and drugs on our streets, unchecked.

I believe that there is a positive story to tell about stop and search in Sandwell in particular, where police officers use the powers well: 751 searches were conducted in July to September this year, with a 29.8% rate of positive outcomes over the past six months. In Sandwell, officers use body cameras to capture footage of searches; they have taken time to invest in training to fill in any knowledge gaps; and they use the acronym GOWISELY when conducting all searches to ensure that they act appropriately and proportionately.

I will explain what GOWISELY stands for. This is what is to be said as the stop and search takes place: grounds, a clear example of the reasons for the search; object, what the officer is looking for; warrant, production of a warrant card if officers are plain-clothed; identity, the name and collar number of the officer; station, the police station where they are based; entitlement, the person must be informed they are entitled to a copy of the record; legal, stating the legislation that permits the search to take place; and you, the officers must explain to someone that they are being detained for the purpose of the search.

Like all other communities, we have a local stop-and-search scrutiny panel that aims to ensure that stop and search is being used fairly and effectively, and GOWISELY is also in place. In these scrutiny panels, randomly selected body footage is shown to the committee, which includes members of the public among others, and the chair of the panel is always a member of the public. The community hold the police to account, which is how it should be. Sandwell has one of the most rigorous scrutiny committee panels in the region, which even offers advice on best practice to neighbouring panels. Any learnings or concerns are fed back to officers directly.

However, I know that some panels struggle with retention of members and some were not particularly well established before the pandemic, which has caused difficulties. We therefore need to invest in and expand such schemes truly to get the most out of such vital resources. That is an idea I hope the police and crime commissioner will take up, using Sandwell as an example for other areas.

To add a further layer of best-practice sharing and scrutiny to this process, each committee chair attends a meeting twice a year at the Stop-and-search Commission, where they share best practice and consider wider issues across the force. Scrutiny panels also provide career opportunities for members of the public to get involved in some really positive community work. If a young person has chaired or been otherwise involved in one of these panels, what a fantastic thing for them to have on their CV. Indeed, local police inform me that one former chair of a local scrutiny committee has gone on to become a special police officer himself, because he was so inspired by the work the committee did. That is the kind of story we want to hear. In fact, I have accepted an invitation to sit on one of the local panels in Sandwell next year, to observe what such panels do.

One thing remains true in all of this—proportionality is clearly based on consensus, with both the public and the police being confident about the methods and means being used. Indeed, complaints against police officers in Sandwell over stop and search are few and far between, which is really good to see. It shows that the proportionality is there, that police feel confident about using these powers, and that the body camera footage boosts faith in the police and gives our communities protection, as it will evidence the fairness and the proportionality of any search.

However, in the police and crime commissioner’s crime plan, the PCC cites complaints about stop and search as something to be improved. Of course complaints need to be heard and responded to, and lessons learned, but I am not confident that the life-saving nature of stop and search is fully appreciated in the west midlands, and that could lead to worse outcomes for local people.

It is such outcomes that worry my constituents deeply. Despite the fact that crime has been falling across most of the country over the last year, in the west midlands we have seen a huge increase in overall crime, and crime is an issue that floods the inboxes of most west midlands MPs on most days. Our constituents are worried, and rightly so.

I cannot stress enough the importance of backing our police officers and giving them the confidence to act with conviction. They need to have the confidence to know that their decisions, when they are reasonable and proportionate, are backed by their political leaders, which is the only way in which we can make our zero- tolerance approach truly felt by all.

It would be a travesty if an officer were to be worried about searching a suspicious individual because of the seeds of doubt that the police and crime commissioner has placed in their mind with their stance on the use of stop and search. The West Midlands police and crime commissioner’s own website says:

“West Midlands Police was one of the first forces to adopt the Home Office’s ‘best use of stop and search’ scheme. As part of the scheme, it introduced a raft of measures to improve its use of the power…There are also ongoing projects that are improving scrutiny, teaching young people their rights when stopped and searched, researching disproportionality, and increasing the range of data we publish.”

That is all available to view on the website.

As I have just set out, there has been a lot of work in recent years around stop and search, especially in Sandwell. I regularly speak to local police officers in Sandwell and they are confident about their grounds for stopping people and about the proportionality of searches, and when they have not been confident they have undertaken training to bolster their knowledge.

It is no secret that we have seen some horrendous incidents of violent crime in West Bromwich town centre in the last few months alone. Only a few months ago, there was a horrendous incident in New Square, West Bromwich, when a group of three men turned on police with machetes after the police approached them. The brave police officers at the scene handled themselves brilliantly, and thankfully the wounds that they suffered were not fatal. However, we should consider what would have happened if those individuals had not been spotted. Those knives would have been taken right into the heart of our communities.

That group of men was stopped by behavioural detection officers. BDOs do what it says on the tin—they are trained to spot “out of place” behaviour in the community and to challenge anyone suspected of suspicious activity. They are specialists in behavioural studies. It was a group of BDOs on patrol who stopped this group of young men who were carrying machetes in the town centre. The group of young men were noticed because of their suspicious behaviour, including wearing thick, heavy clothing on what was a warm day. After the officers managed to force the group into a safer area of the shopping centre in order to stop them, the men produced large knives from their bags and proceeded to attack the officers. The officers’ training, knowledge and bravery, and the actions of some brave members of the public, meant innocent bystanders were not hurt that day.

It is important to mention that without the deployment of Project Guardian to West Bromwich, those individuals might not have been spotted, apprehended and taken off our streets. For Members who may not know about Project Guardian, it is the West Midlands police team that works across the region to tackle youth violence and get dangerous weapons off our streets. If hon. Members need a reason to back stop and search, they should take the opportunity briefly to scroll through their Twitter account to find out more.

The team are out every day using stop and search, among other powers, to seize drugs and knives. They are on the front line, assisting our local police teams to tackle this scourge on our streets. Their work should be shouted about loudly so they have the confidence to keep doing what they are doing to keep us all safe. If officers are not confident in using stop and search, the outcomes will not be successful. Training should be expanded to help them learn from the best or, better still, to promote the training of behavioural detection.

I would like to place on record my thanks to Lisa Hill from the business improvement district, Chief Super- intendent Ian Green and PC Rich Philips, who have led on stop and search in our area, along with all our local police officers in Sandwell, who are doing some amazing work in our community. The business improvement district, local schools, colleges and MPs are backing our police officers all the way. I thank the Minister and the Home Secretary for their personal support and engagement with me on these issues.

The use of stop and search is a major tool in fighting back against county lines. Young people especially are exploited across the west midlands and forced to live in towns and cities outside their area to sell drugs. They go missing from school or college, sometimes for weeks on end. Stop and search can help save them when others in their lives have been unable to. That is why it is important to view stop and search not just as a tool to apprehend criminals but as a way to rehabilitate vulnerable people who sometimes, through no fault of their own, have become trapped in a life they do not wish to lead.

The use of stop and search in a proportionate and respectful way saves lives. It takes dangerous weapons and drugs off our streets and makes us all safer. Those who hold public office must send a message loud and clear that bringing violent weapons and drugs into our communities will not be tolerated. I do not think the police and crime commissioner’s statement sent anything like the right message. We should invest in training to get more BDOs on the street, expand and promote internal training opportunities for officers, and engage with the public even more through the positive use of the stop-and-search scrutiny committees. That is at the same time as putting 20,000 more police officers on our streets by the end of this Parliament, which we are well on track to deliver. We cannot just look at the figures when assessing stop and search. Context is crucial. To quote again from the West Midlands police and crime plan:

“How we measure, analyse and improve public confidence in policing and public satisfaction with police services will get better.”

I can tell police and crime commissioner that nothing promotes public confidence more than using stop and search. I could go on all day about my community’s experience with violent crime, but it is important that we hear from others. I am looking to hearing about other Members’ experiences.

--- Later in debate ---

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

It is a privilege to serve under your chairship, Ms Rees. I thank the hon. Member for West Bromwich East (Nicola Richards) for securing this important debate. As we have all said, stop and search is a constructive and useful power. The police service, with their cameras on, should be trained properly to respect the level of search they will be conducting and how that will be reflected in their numbers. It is important, it is needed and we should be working together to do that.

I had a meeting with the PCC last Friday and that was one of the issues we discussed. Another was resourcing my local areas with more police officers and more police community support officers. The reason I say that is that, on its own, stop and search is a weak tool. In the past, we had local PCSOs walking up and down the streets, speaking to people in their local areas and understanding what the issues were, where there was instigation of crime and what people were engaged in. What prevented the stop-and-search process was the intelligence that we had on the ground.

In my constituency, we had Rob Capella, who used to be a party member—in my first election, he delivered a lot of leaflets and I was sad to see him become a PCSO, but he is fantastic in the job that he does. He has built a huge relationship and a huge amount of trust in his local community and people come and speak to him. Unfortunately, about 85% of his team is no longer there. It is essentially just Rob doing most of the job that he had wanted to do. He does not have the police officers to report back to and carry out some of those necessary actions.

My constituency contains Lozells, Handsworth and Aston, which have had particularly high levels of crime. When I took over the constituency, very early on, we had the killings of Charlene Ellis and Letisha Shakespeare—a hugely tragic event, which was difficult for me as a new Member of Parliament to handle. I got the community together, I got the black churches together, we got the local enterprise people together and worked to deliver that process. We delivered that because we all got over it together. We did the same recently, as my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) said earlier, with the murder of Dea-John, where we got the churches, the community and the police together and we responded very quickly. My hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill) also joined us in that process. It was the right thing to do.

We are prepared to bring together whatever is needed to ensure that anything that happens is dealt with in a proportionate manner and the communities understand what has gone on. We are quite prepared to do that. However, the PCC explained to me how difficult it is for the officers to do that policing work without the support of additional resources and additional police officers on the streets. While we confine ourselves to stop and search, that is a small tool in the police’s armoury.

My colleague from the Westside business improvement district works very hard. He has a huge amount of entertainment venues in his BID district, mainly around Broad Street in Birmingham, which most people will know is quite well frequented from Thursday until at least Saturday night and sometimes Sunday as well. There is a huge challenge in trying to resolve some of the issues with people. He employs wardens to work alongside the officers in the area, but there are not sufficient resources. When the officers come in and try to apply stop and search, it causes issues for a number of people in the area and makes the situation tense, so other people come in, with the risk of causing another incident. We have to look at where and when we can apply stop and search.

In my constituency, in January of this year, we lost Keon Lincoln, a young boy of 15 who was shot and stabbed. It was another hugely tragic event, not just for his family but for the community as a whole, so we need to look at giving support. To that effect, at my meeting on Friday, I also had the violence reduction unit present to look at forging a multi-agency approach to dealing with this issue. I want youth services, social services, educationalists and the police to work together to provide a resolution. I know it works, because when we had real issues in the early ’00s, we got those teams together and it worked. By 2008-09, we had some of the lowest crime rates in my constituency because we worked together.

No one mechanism is good enough to effect change. I think we would all say that stop and search has a place but has to be done by properly trained officers. Again, more resources are needed to do that. We also need to have enough officers to do that properly, so that we can provide positive outcomes. In much of the city, it is probably not safe enough for officers to do that. They are professional servants of the community, but at times they put themselves at risk because they do not have enough support. It is very difficult. I praise them for the great work that they do in protecting us all, but they need sufficient resources.

The hon. Member for Birmingham, Northfield (Gary Sambrook) mentioned the issue of lower crime rates. The way that crimes of domestic abuse have been reclassified has had the effect of lowering some of the crime figures in Birmingham and around the west midlands. That is something that we need to look it, rather than saying we are reducing crime.

We have a huge amount of work to do. I commend the police service, which does a fantastic amount of work in our area. The PCC is engaging with us all, and I hope the Minister will engage with him constructively to ensure that we all work together to provide the best possible policing for all our communities.

[Christina Rees (in the Chair)]

I would like to call the Opposition spokesperson at 3.38 pm at the latest, and we have two Back Benchers left to speak. Please bear that in mind. I call Mike Wood.

--- Later in debate ---

[Holly Lynch]

It is an interesting question. One size does not fit all when it comes to tackling knife crime, as the dynamics of it are different in different areas. It might be the approach to the use of weapons, unfortunately, in domestic violence or to gang crime, or it might be related to drugs. To suggest that one size fits all when it comes to tackling knife crime is misguided.

We need to look to violence reduction units, community partnerships, police officers, police forces and police and crime commissioners around the country to find out what the most effective tools are to address knife crime and violence and to truly drive it down. I am glad that the hon. Gentleman has pointed to the great work done by West Yorkshire police. I share his sense that it is doing a fantastic job and I will pass that on to my local officers.

I thank hon. Members for their contributions. My hon. Friend the Member for Birmingham, Erdington (Jack Dromey) made a typically passionate contribution about how we have to take local communities with us on stop and search if we are to be truly effective, and about the devastating consequences of cuts to policing.

My hon. Friend the Member for Birmingham, Perry Barr (Mr Mahmood) told us the story of his local police community support officers and the valuable work that they do to establish trust in communities. We should never lose sight of their contribution, which is valued by communities and policing alike. I come back to the point made by my hon. Friend the Member for Birmingham, Selly Oak that the west midlands will still be 1,000 officers short by the time the Government have finished restoring the police officer numbers that they have cut since 2010.

I very much hope that we can have a productive discussion about how to improve stop and search. I am reassured that there is a great deal of consensus in the Chamber and a commitment to work with the police and crime commissioner to do that in the west midlands. It can be a vital tool in keeping our communities safe, but it must be driven by evidence and intelligence, and have public support, for it to be effective.

Nevertheless, it would be wrong to think that stop and search is the silver bullet for crime prevention. Although it can be incredibly effective as a last defence against violent crime, the Government must begin to tackle the systemic factors that have driven the increase in crime under their watch. The hon. Member for Birmingham, Northfield (Gary Sambrook) made a point about police station closures. I have lost a police station in my constituency—

[Christina Rees (in the Chair)]

Order. Could you bring your comments to a close, please?

[Holly Lynch]

I certainly will, Ms Rees. If the hon. Member for Birmingham, Northfield thinks that those decisions are not based on the cuts imposed on police and crime commissioners and regional forces by the Conservative Government, he is mistaken. I hope that we can all make the case for well-funded police forces doing that work in our communities in future.

--- Later in debate ---

[Kit Malthouse]

I do not have time, I am afraid; I hope the hon. Gentleman will forgive me.

I am hesitant to engage in what I have to say is this rather hackneyed debate about cuts, which I have heard the hon. Member for Birmingham, Selly Oak engage in many times, and I have certainly heard his party’s Front Benchers engage in it many times. It is now getting on for over a decade that that debate has been had, through numerous elections, most of which we have won, not least the last one. Indeed, we also won the last round of police and crime commissioner elections, when—I must point this out to the hon. Gentleman—we won 70% of the seats available. By the way, the votes for the Conservative candidate in the west midlands increased to 239,000, from 44,000 back in 2008, so we might catch his party at the next election—let us see where we get to.

Notwithstanding that, we have given commitments at the Dispatch Box about the funding formula. My hon. Friend the Member for West Bromwich East and other Government Members from the west midlands have certainly engaged with me about the need for that change in the funding balance, and we will be running that programme over the next couple of years. I have given a commitment that we will have the formula in place before the next election, assuming that the next election is at the end of this Parliament—who knows when that will come?

However, I urge Members to recognise that police and crime commissioners make a difference, and that someone cannot walk away from the decisions that were made in the intervening 10 years and say, “Nothing to do with us, Guv.” Decisions made over that decade by police and crime commissioners mean that as we get into a time of investment in policing—I am very happy about that, and we are now over halfway through our growth in the number of police officers—where we start from is a product of those decisions. There are some forces in the country that fought hard to preserve police officer numbers, not least in London, where I did the same, because we faced the same cuts during our time, or the same reduction in resources, because of the crash and the needs of the country’s finances. We fought to preserve numbers and, as a result, London is in a better position now to advance on police officer recruitment. I am afraid that the west midlands made a different set of decisions during those 10 years, driven by the thinking and the priorities, or whatever it might be, of the police and crime commissioner there.

I understand that the imperative on the Opposition side is to blame us for everything that goes wrong, and we want to blame the Opposition, but I am not walking away from some of the decisions we made during those 10 years—absolutely not. They were driven by bigger issues than us: geopolitics and economics; and a desire to get the country’s balance sheet back into good shape. At the same time, Opposition Members have to accept that the police and crime commissioners of those years—there have been three of them—made a set of decisions that put the west midlands in the position it is in now. If that is not the case, I am not sure what they were saying to people in elections about what difference they were going to make.

I hope that in future, as the hon. Member for Birmingham, Selly Oak quite rightly said, all of us can focus on making sure that the west midlands is as safe as it can possibly be, and I will join with everyone here on that mission.

[Christina Rees (in the Chair)]

I am sorry, Nicola Richards, but there is no time left for you to wind up. I apologise.

Question put and agreed to.

Resolved,

That this House has considered the use of Stop and Search in the West Midlands.