Police (Complaints And Conduct) Bill

George Howarth Excerpts

Wednesday 5th December 2012 Commons Chamber

[Damian Green]

Police and crime commissioners have very significant powers in relation to chief constables. Their ultimate power is to dismiss the chief constable if they believe that they are behaving so badly that that ultimate sanction is necessary, so the legislation provides considerable powers.

My main point is that the effect of this change will simply be to replicate powers that are already provided for in statute, but it is also important to note that clause 1 places a witness attendance requirement on different categories of individuals. It applies not only to serving police officers, who are members of police forces and subject to the conduct regulations, but to police staff, who operate under a different conduct regime and are outside the scope of the conduct regulations. As such, it would be neither appropriate nor effective for the Secretary of State to make regulations for a universal sanction applying to those two very different categories of individual.

In clause 1, we have been careful to mirror, as far as possible, the existing provisions in the Police Reform Act 2002 relating to the interview attendance requirement for those who are subject to investigation by the IPCC. As such, the two powers should be similar. The existing provisions in the 2002 Act relating to those under investigation do not include any provision for sanctions. To provide expressly for a sanction in primary legislation in relation to witnesses but not to those who are subject to investigation by the IPCC would be anomalous. Such a provision would suggest that the new power relating to witnesses is somehow of greater importance and should be more robust than the existing power relating to suspects, and that position risks falling into confusion, as the right hon. Member for Delyn rightly warned, when we want clarity. That, I am afraid, would be the effect of the amendment; there would be more confusion than clarity. In any case, the Secretary of State has the power to do that.

Let me address the issues raised by the hon. Member for Wirral South (Alison McGovern). If a serving officer refuses to attend an IPCC interview, they should be subject to sanctions, which are serious and could result in dismissal. If the officer continues to refuse to attend, they can still be investigated by the IPCC and, where appropriate, charges can still be brought regardless of whether they attended an interview or refused to do so. Therefore, failure to attend the interview is not a way of avoiding the decisions of the IPCC. Such a failure would be a breach of prescribed standards of behaviour, and the officer would rightly become the subject of misconduct proceedings.

The final, overarching point in reply to the hon. Lady’s questions is that the IPCC is an investigatory body. It has not asked for the power to impose sanctions, nor is it particularly well-equipped to exercise that power; it is there to investigate. Having said that, I recognise that we are all anxious to ensure that there is clarity on the availability of an effective sanction.

[Mr George Howarth (Knowsley) (Lab)]

I do not have the information in front of me, but my impression is that the IPCC did ask for sanctions.

[Damian Green]

I have spoken to the IPPC, and it clearly stated that it did not want sanctions to be included in the Bill for some of the reasons that I have given. While I am certain that there is no need to amend the Bill, I am happy to give the Committee the assurance that I will continue to discuss the matter with the IPCC to see whether it needs any longer-term changes. In making any changes to regulations, we need to take a consistent approach in terms of sanctions on those who fail to attend as a witness or as a suspect.