Police Conduct and Complaints

Diana Johnson Excerpts

Thursday 30th June 2022 Westminster Hall

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

It is a pleasure to serve under you this afternoon, Ms Ghani. I think it is an excellent idea to recognise the hon. Member for East Worthing and Shoreham (Tim Loughton) and his long-standing membership of the Home Affairs Committee. His institutional memory of what has happened on that Committee has certainly been important not only in putting together this report, but in our work on policing.

The hon. Member has set out clearly and effectively the findings and recommendations of our report. It is quite clear that the Home Affairs Committee inquiry looked at the role and remit of the IOPC in relation to the police complaints and discipline system, and explored the continuing disquiet at the way in which police forces in England and Wales investigate and deal with complaints about the conduct of forces and individual officers. Importantly, we sought to consider what changes might be required to improve public confidence in the police complaints and discipline system.

We thought it was important to undertake parliamentary scrutiny of that important role, given, as the hon. Member for East Worthing and Shoreham said, the establishment of the newly created IOPC in January 2018, and because the Committee had not looked at the topic for nine years, since the publication of its last report on the matter—I do not think the hon. Gentleman was a member of the Committee at that point. Our report has covered several different areas, which were set out effectively. I will focus my contribution on a couple of areas that we looked at in the Committee that will hopefully complement what the hon. Gentleman said in his opening remarks. First, I will focus on the treatment of vulnerable adults, specifically people with autism, and how they interact in the police complaints process.

A well-functioning conduct and complaints system is essential to maintaining the trust in the balance created by the founding Peel principles between the police and public. Despite the welcome reforms and improvements, some submissions to our inquiry demonstrate that there is continuing dissatisfaction with the handling of police complaints, and that much more work is needed to address both complainants’ and officers’ concerns. In our report, we noted that the IOPC impact report 2020-21 stated that 43% of people surveyed were confident that the IOPC did a good job, compared with 44% in 2019-20. Obviously, there is still a lot of work to do.

In the evidence heard and received during the course of our inquiry, individuals with autism and parents of children with autism outlined systemic issues in their treatment in the police complaints and criminal justice process. Many felt they had been badly let down by the IOPC and the police, and that that had caused distress to families and friends.

Fiona Laskaris, whose autistic son Christopher was unlawfully killed by a drug addict in 2016, told us:

“the IOPC urgently needs to start engaging in a meaningful way in cases involving people with disabilities, and particularly… with autism”.

Fiona argued that cases involving people with autism

“warrant an enhanced level of independent scrutiny”

and suggested the existing statutory safeguarding duties to protect vulnerable adults who come into contact with the police were not working.

We received anonymous evidence that one autistic person, who had experienced frequent contact with the police, including being arrested for alleged attacks, was not treated as a vulnerable adult, even though they informed the police they were autistic and had requested an appropriate adult for assistance. The anonymous submission claimed that the police “never acknowledge or check” their autism awareness card, even when their wallet is being searched, which always happens when the police seize personal items.

The Home Secretary wrote to the Committee on 9 December 2021 and said,

“Many police forces have developed additional training programmes”

and

“various autism alert card schemes, apps, and the creation of easy-read ‘widget-based’ sheets (using icons or pictographs) to aid communication in custody suites.”

She highlighted the IOPC statutory guidance for forces on complaint handling, which outlines the

“importance of accessibility as well as the duty under the Equality Act 2010 to make reasonable adjustments to ensure that a disabled person does not suffer any substantial disadvantage when accessing a service.”

The Home Secretary said it was

“important that those dealing with complaints recognise the particular vulnerabilities of individuals with autism”.

In spite of these welcome statements by the Home Secretary, some evidence to our Committee suggests that autistic people are still not always been treated fairly by the police.

I want to say a little more about super-complaints, which the hon. Member for East Worthing and Shoreham commented on. In her evidence to the Committee, Fiona Laskaris, who I mentioned earlier, proposed that the super-complaints process could be used to investigate system failures in the treatment of vulnerable adults, specifically people with autism. Since November 2018, the super-complaints process has enabled designated public and charitable organisations to ask HMICFRS, the IOPC and the College of Policing to consider investigating what they think are systemic issues affecting policing in England and Wales.

Our report expressed concern that of the 16 organisations designated by the Home Office that can raise such issues or concerns on behalf of the public, no specialist organisation represents complainants with disabilities, including autism. The Home Secretary wrote to the Committee in December 2021 and pledged to review the designated bodies that can submit super-complaints on systemic issues in policing to include a broader range of organisations, including disability organisations. We welcome that commitment, but nearly two years on, I hope the Minister can confirm when the Government will review the super-complaints system. As we have heard, the Home Secretary confirmed to the Committee that a designated body should collaborate with non-designated organisations and, where appropriate, make a complaint on the basis of the matters raised.

Our recommendation was that the Home Office should highlight on its super-complaints website that the 16 designated bodies should collaborate with non-designated bodies as appropriate to make a complaint on matters raised by those non-designated bodies. We are pleased that the Government have made that change on their super-complaints website, but we urge them, the IOPC and other relevant policing bodies to make the public aware that the super-complaints process is accessible to all groups and interests.

I thank everybody who assisted the Home Affairs Committee in our inquiry. We will be watching what happens on our recommendations in this area, and following progress over the months and years to come on this important issue, as we know police misconduct and complaints have been in the news a lot in recent times, and it is very much an issue that the public care about.

[Ms Nusrat Ghani (in the Chair)]

Before I call the shadow Minister, I can see that Sir Peter Bottomley has joined us—do you wish to contribute, Sir Peter?

Metropolitan Police Service

Diana Johnson Excerpts

Wednesday 29th June 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The catalogue of failings at the Met is rightly a serious concern for the Home Secretary and the Mayor of London. The Home Secretary has said that the Met is just not getting the basics right, but sadly the Home Office is not getting the basics right either. When acting commissioner Sir Stephen House gave evidence to the Home Affairs Committee in April, he said it was not just a case of “a few bad apples”, but a systemic problem that the Met needed to deal with. As the Met accounts for 25% of policing and has not only responsibility for London, our capital city, but national responsibilities and even international responsibilities, for example around the investigation of war crimes, what consideration has the Minister given not only to issues of performance, leadership and culture, but to whether there should be a review of the responsibilities of the Metropolitan Police?

[Kit Malthouse]

I am grateful to the Chair of the Select Committee for her question. As she will know, we are in the middle of an inquiry by Dame Elish Angiolini into the first stage of the employment of Wayne Couzens and then more widely into the culture of the Met. Once we have seen that and digested the urgent work required to correct the situations we see presented in this report, we will have to consider what if any further measures may need to be taken to ensure that, as the right hon. Lady says, not only national but international confidence in the Metropolitan Police as our lead force is maintained.

Oral Answers to Questions

Diana Johnson Excerpts

Monday 20th June 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Last week the Home Affairs Committee met Ukrainian MPs who told us that they had had to travel 11 hours to get their visa from the visa application centre in Poland, then 11 hours back, and then again to have the visa stamped. They wanted me to ask the Home Secretary about young people and children travelling with grandparents and elder siblings, who are not eligible for visas under the Homes for Ukraine scheme. Will the Home Office look at that again, because all the necessary paperwork is there to ensure that those children are travelling with their parents’ consent?

[Priti Patel]

The right hon. Lady and many other colleagues have raised this point over recent weeks and months. We are looking at this issue, and a lot of work is taking place across the Home Office with the Minister for Refugees and DLUHC, regarding the safeguarding aspects. We are going to make changes and, without pre-empting any of those now, a lot of work is taking place, primarily because the focus has to be on the safety and wellbeing of those children. We must ensure that they get here in the right way and are supported. We will report back on that issue, because a lot of work is taking place on it right now.

Migration and Economic Development Partnership with Rwanda

Diana Johnson Excerpts

Wednesday 15th June 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The permanent secretary refused to sign off the Rwanda policy on the basis of a lack of evidence of value for money for the taxpayer. That is only the second time in 30 years that the most senior civil servant in the Home Office has had to be ordered by the Home Secretary to implement a policy.

In light of those concerns about wasting public money, will the Home Secretary confirm that on top of the payment of £120 million to Rwanda, the taxpayer will also now be picking up the £0.5 million cost of the flight last night, and all subsequent charter planes, whether they take off or not? Will there be additional payments to Rwanda for people whom Rwanda is expecting, whether or not those people actually arrive?

[Priti Patel]

First, on our accounting officer advice, we should always put this in the context of asylum costs that are soaring across the United Kingdom—and have been for many years because of the number of people coming here illegally—and the costs and strain that that puts on the system, particularly during the pandemic. As Chair of the Home Affairs Committee—this issue has been discussed in the Committee many times, including when it was chaired by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—the right hon. Lady will know about the impact of covid on asylum claims. She also asked about payments, but we do not speak about operational costs right now—[Interruption.] Yes, it is taxpayers’ money. That is for a range of reasons, but primarily because of commercial sensitivities in terms of how we run our operations.

The House should recognise that when we have mob rule turning up to thwart our charter flights—some of them have ended up in courts—it is right that we keep our commercial operators, and the way they work with the Home Office, confidential. The right hon. Lady asked about payment mechanisms to Rwanda as part of the partnership deal, and we would be happy to drop her a line and share that information with her.

Asylum Seekers: Removal to Rwanda

Diana Johnson Excerpts

Monday 13th June 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

It has been difficult to get clear information and evidence about the implementation of the Rwanda scheme. As the hon. Member for East Worthing and Shoreham (Tim Loughton) said, the Home Affairs Committee visited Dover last week to look at the process of what happens to people who come across in small boats, and we were aware that some of those individuals were immediately earmarked for the Rwanda scheme and detained. So that we can all understand, will the Minister confirm whether it is just adult males who are being processed for the Rwanda scheme? Will he guarantee to the House that no child will be sent to Rwanda when there is a dispute over their age?

[Tom Pursglove]

Again, I will not comment on operational matters or matters that are also before the courts at the moment, because, as the House knows, that would be improper. I refer colleagues to previous comments that I have made in the House, including that unaccompanied asylum-seeking children will not be transferred under the partnership.

Public Order Bill

Diana Johnson Excerpts

2nd reading
Monday 23rd May 2022 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am sure we can all agree that we need to protect our freedoms of speech, of protest and of assembly as a vital part of our democracy. We already have many laws to deal with protest and to protect the public and our major infrastructure. Any extension of those laws needs to be very carefully considered by this place. I am a little surprised, therefore, that the Government have decided to bring forward this legislation from the Home Office first in this new parliamentary Session, when we are still waiting for the regulations from the protest offences in the Police, Crime, Sentencing and Courts Act 2022, which was the major Home Office Bill in the previous Session.

I was also hoping, as the Chair of the Home Affairs Committee, that the specific recommendations in our recently published report, “Investigation and prosecution of rape”, to improve the experience of victims would be brought forward in legislation through a victims Bill. I was also hoping that our recent report on spiking, which recommended a new offence of spiking, would be in prime place for legislation to be brought forward, but we are where we are today, and this is the Bill before us.

I have several concerns about the Public Order Bill, which I hope Ministers may be able to address. Her Majesty’s inspectorate of constabulary and fire and rescue services considered many of the proposals in the Bill in its report of March 2021, “Getting the balance right? An inspection of how effectively the police deal with protests”. Clearly, looking at the reports of the inspectorate is incredibly helpful in developing evidence-based policy that can stand up to effective scrutiny, and the report has already been quoted widely in the Chamber this afternoon.

The report found that

“most interviewees did not wish to criminalise protest actions through the creation of a specific offence concerning locking-on.”

The report also concluded that it did not support the introduction of protest banning orders. I noted what the Home Secretary said in her opening remarks about wanting to back the police. That is very important, so will the Policing Minister be able to explain when winding up the evidential basis for bringing forward these particular proposals and the basis on which the Home Office has come to a different conclusion from the inspectorate?

I also want to raise issues about the actual terms in the Bill. The term “protest” appears 21 times, the term “protest-related disruption” appears 31 times and the term “serious disruption” appears 118 times. However, none of those terms is defined on the face of the Bill. To ensure that the powers conferred in this Bill are used proportionately, and only when absolutely necessary—and to prevent legal uncertainty—I hope that the Minister will commit to ensuring that the Bill will include definitions of those terms.

On the proposed extension of stop and search powers, in July 2021, the Home Affairs Committee published “The Macpherson Report: Twenty-two years on”, which found that there are still deep-rooted and persistent racial disparities in policing, particularly in the use of stop and search. Our report found that statistics covering the year to 31 March 2020 showed ethnic disproportionality in stop and search is worse now than it was 22 years ago. Black people in 2020-21 were seven times more likely to be stopped and searched than white people, and that was up from five times more likely in 1998. The disproportionality in “no suspicion” searches is even more stark. In 2019-20, black people were 18 times more likely than white people to be stopped under section 60. With such clear ethnic disproportionality occurring, can the Minister explain how the Home Office will tackle those existing disparities with this plan to extend stop and search?

I note that, in the Bill’s equality impact assessment, the Government state that safeguards exist to mitigate the disproportionate use of stop and search, such as the use of body-worn cameras and extensive data collection on the use of these powers. However, in 2021, Her Majesty’s inspectorate of constabulary said:

“Too few forces regularly review body-worn video footage”,

and

“too many forces still do not analyse and monitor enough information and data on stop and search to understand”

how to apply stop and search fairly.

Furthermore, the amendment under clause 7 to the police power to stop and search under section 1 of the Police and Criminal Evidence Act 1984 will allow the police to take pre-emptive action against those suspected of being about to engage in protest-related offences. What specific safeguards will the Government put in place to ensure that such pre-emptive action will not breach a person’s rights under articles 10 and 11 of the European convention on human rights?

Finally, I want to speak briefly about buffer zones for abortion clinics. The Bill does not legislate for that, but it should. My hon. Friend the Member for Ealing Central and Acton (Dr Huq) has led efforts in this House for some time for change on that matter, and I will continue to support her, including any amendments to this Bill that she tables. In the light of recent events, the Government should also consider buffer zones outside schools and vaccine clinics. But to return to the issue of buffer zones for abortion clinics, for too long, women in England have faced real intimidation and real harassment outside clinics providing abortion care. The Court of Appeal of England and Wales has confirmed that protesters can cause

“significant emotional and psychological damage”.

One woman described her experience visiting an abortion clinic in April this year:

“They came over twice and we said, ‘No thank you.’ She was very pushy, in your face…it has left me anxious as I suffer from poor mental health. When we walked past, she said, ‘Your baby wants to live.’ We had driven for 7 1/2 hours and did not expect this at all.”

Women accessing a legal and essential form of healthcare should not be subject to harassment. Both Scotland and Northern Ireland have begun to take steps to implement buffer zones and it is time that England did. I hope that the House will have an opportunity to vote on that in due course.

Foreign National Offender Removal Flights

Diana Johnson Excerpts

Wednesday 18th May 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

We all appreciate the need to remove dangerous foreign criminals who present a genuine crime or security risk to our country and should not be here. However, the Government’s record on removing foreign criminals has not been good, and to the year ending September 2021 it was at an all-time low. Many have absconded before they could be removed. With the current pressure on the Home Office—including 100,000 asylum claims outstanding, delays in processing Ukraine visas, delays in visas for marriage and work, and problems with processing passport applications—can the Minister confirm that the announced cut of 91,000 civil servants will not apply to the Home Office and that it will have the resources it needs to carry out the work it has to do?

[Tom Pursglove]

I am confident that we will have the resources that we need to deal with these issues, but I can absolutely say to the Chairman of the Select Committee that it does not help our day-to-day immigration work in other parts of the business to have to deal with these constant cycles of claims, appeals and deliberate attempts to frustrate removal. I would be absolutely delighted if we could free up resource in the Home Office to focus on processing other, related claims—in the asylum space, for example, or Ukrainian claims or whatever they are. We would be better placed if we could do that. As I have consistently said, the abuses of our immigration system that we have seen and continue to see make it much harder to get on with the day-to-day business and be as generous as we can be. We are generous, but we could be doing more if the system were in a better place.

Preventing Crime and Delivering Justice

Diana Johnson Excerpts

Wednesday 11th May 2022 Commons Chamber

[Priti Patel]

No, I will not give way. The right hon. Lady will have the chance to speak shortly and there are, I think, 32 Members wishing to speak in this debate.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Will the right hon. Lady give way?

[Priti Patel]

Yes, I will give way to the Chair of the Select Committee.

[Dame Diana Johnson]

I am very grateful to the Home Secretary. On the issue of convictions for rape and serious sexual assault, one of the recommendations from the Home Affairs Committee was to have RASSO—rape and serious sexual offences—units in all police forces. Will the Home Secretary ensure that all police forces now have those specialist units, because we know if that is the case, it is more likely that investigations will be more thorough, victims will be treated better and convictions will follow?

[Priti Patel]

The right hon. Lady is absolutely right, and she will be aware of Operation Soteria, which does that. I will come on to wider support through the courts system and independent gender violence advocates, but the system is working now in a much more joined-up way, which I am sure the right hon. Member for Normanton, Pontefract and Castleford will also welcome. These measures have to be integrated not only with policing, but with the CPS, so that we have an end-to-end approach on prosecution.

HM Passport Office Backlogs

Diana Johnson Excerpts

Wednesday 27th April 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

We know that the Home Office is under enormous pressure given the Ukraine visas, the Afghanistan scheme and the asylum claims backlog. It was pleasing to hear the Minister say that plans were put in place well in advance because everyone expected a surge in passport applications once people were able to travel. I have heard what the Minister has had to say. On reflection, why does he think he has been brought to the House today to answer an urgent question? MPs’ inboxes are full of casework in respect of passport delays. What has gone wrong with the plans that the Minister put in place to deal with the surge?

[Kevin Foster]

As we have touched on, we are seeing an unprecedented level of demand: we would normally process 7 million applications in an entire year and did 1 million last month alone. That is a record number. In January, we were seeing around 60,000 a week; by the middle of March we were dealing with more than 200,000 a week—that is output, not just applications. The service has rapidly expanded to meet the demand that has returned.

To be clear, we changed the service standard last year because we expected a surge and there would inevitably be a limit on how many passports could physically be produced in a week. That is why we advised people of the 10-week standard. As I said, though, in recent months 90% of people have still been getting their passport within six weeks and we retain the ability to expedite if people have particularly compelling reasons for travel.

Oral Answers to Questions

Diana Johnson Excerpts

Monday 25th April 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Home Affairs Committee recently published its report on rape investigations and prosecutions. We very much welcome the Government’s making male violence against women and girls a strategic policing requirement. However—following on from the news today about sexual offences taking record times to get to court—we also recommended that all police forces should have specialist rape and sexual assault units, as there is clear evidence that they investigate better, make better decisions and, very importantly, communicate with complainants far more effectively. When will the Government make sure that all police forces have specialist RASSO—rape and serious sexual offences—units within their constabulary?

[Rachel Maclean]

I thank the right hon. Lady for all the work that she is doing, across the piece, on tackling violence against women and girls. She is right to say that this is a huge priority for the Government. On training for police forces, she will know of the work that we are doing in the end-to-end rape review. We are taking a forensic look across the whole system, including through the work of Operation Soteria across all the police forces. That includes a strategic and comprehensive approach to training police officers. We want to go further than ever before in training and equipping our fantastic policemen and women to investigate and bring to justice the perpetrators of these crimes.