European Union Referendum Bill

Debate between George Howarth and Damian Green

Thursday 18th June 2015 Commons Chamber

[Damian Green (Ashford) (Con)]

The hon. Gentleman makes a powerful case, as does that email, but first, may I gently remind him that it was the previous Labour Government, whom he supported, who introduced the 15-year limit; and secondly, may I assume from everything he has said that he will support the proposal he read out from the Conservative manifesto to extend the limit for life, beyond 15 years, when it comes before the House?

[The Temporary Chair (Mr George Howarth)]

Order. Before the hon. Gentleman responds, I must say that interventions are supposed to be on a single point. When I hear the words “and secondly”, I begin to get a bit concerned. Please keep interventions as brief as possible.

Oral Answers to Questions

Debate between George Howarth and Damian Green

Monday 25th March 2013 Commons Chamber

[Mr George Howarth (Knowsley) (Lab)]

18. What assessment she has made of the capabilities of the police to record, investigate and detect rapes and serious sexual assaults.

[The Minister for Policing and Criminal Justice (Damian Green)]

Rape and sexual violence are devastating crimes that ruin lives. We expect every report to be taken seriously, every victim to be treated with dignity, and every investigation to be conducted thoroughly and professionally. Our updated violence against women and girls action plan sets out our commitment to take a coherent approach to tackling sexual violence.

[Mr Howarth]

I am grateful to the Minister for that answer. Does he agree that people are sometimes being let off with a caution for lower-level sexual offences and that that is unacceptable? If he does agree, what is he going to do about it?

[Damian Green]

The Government will shortly be announcing a review of the caution regime. I am as determined as the right hon. Gentleman is to ensure that cautions, which provide a useful part of the criminal justice system, are used only in appropriate circumstances. I should say that the number of cautions used in cases of serious sexual abuse is low, with such cautions tending to be used for young offenders, for reasons that are clear in each individual case. However, I rather share his concerns about the use of cautions in this field.

Police (Complaints And Conduct) Bill

Debate between George Howarth and Damian Green

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.

Police (Complaints and Conduct) Bill

Debate between George Howarth and Damian Green

Wednesday 5th December 2012 Commons Chamber

[Damian Green]

The sanctions apply if someone is convicted of a criminal offence—I think that is the point the hon. Gentleman wishes to be clarified. If someone has not been convicted of a criminal offence, matters affecting their pension would, not least, engage human rights legislation as well, so things would be much more difficult in those cases.

[Mr George Howarth (Knowsley) (Lab)]

I understand the Minister’s point that if someone was guilty of a criminal offence, there would be consequences, but what if someone who was serving and was investigated at the time had been found guilty of not carrying out their duties in an appropriate manner? That would have been a disciplinary matter rather than a criminal matter. Is there any sanction that could apply in those circumstances?

[Damian Green]

I think we are getting into the realms of speculation about individuals. There is a clear distinction, which I am sure the right hon. Gentleman will recognise, between criminality and pure misconduct. It is clearly difficult to take disciplinary action against someone who is no longer an employee. At the most serious end, many of the Hillsborough cases would potentially involve criminal sanctions, but too detailed speculation on these matters might be unhelpful in the long run, not least to the families and others seeking justice as well as truth.

--- Later in debate ---

[Damian Green]

I already have in my diary a meeting with the Police Federation next week, and I would be happy to meet the Police Superintendents Association at any time.

There has been a lot of discussion about retired officers—not least by the shadow policing Minister, but also by my hon. Friend the Member for Cambridge (Dr Huppert), the hon. Members for Liverpool, Riverside (Mrs Ellman) and for Penistone and Stocksbridge (Angela Smith), the right hon. Member for Knowsley (Mr Howarth) and the hon. Member for Sefton Central (Bill Esterson). As I have said, former officers are civilians—not police officers—and they are no longer bound by the duties and regulations that governed their lives as serving officers. The police themselves do not have powers to compel witnesses to attend interviews, so I can only repeat that to grant this power to the IPCC would be unusual in the extreme. However, given the seriousness of the allegations being considered by the IPCC in the Hillsborough case, I repeat that the IPCC has made it clear that it will fully conclude investigations for both criminality and misconduct even when officers have left the service.

This is an unusual step. The IPCC does not normally investigate retired officers for misconduct, but it is clear in this case that there is an enormous and legitimate public demand, reflected by Members of all parties, for that to happen. That is what the IPCC was going to do. During its investigation, the IPPC will no doubt call retired officers to provide evidence. As we all agree, the retired officers will understand the importance of this investigation, and I am sure that the vast majority, if not all of them, will attend willingly.

Finally, the IPCC has been clear that it needs these powers only in respect of serving officers. That is what the Bill provides for. I understand the calls to grant a power to compel retired officers to give evidence, but because it is so unusual and because it would be such a powerful tool, I think it would be inappropriate to do this through fast-track legislation. That should be considered when it comes to the possibility of future legislation.

[Mr George Howarth]

I understand the Minister’s point that making a change such as this in fast-track legislation might not be appropriate, but can he give a commitment that, should it become apparent later that there is a reluctance on the part of retired officers to come forward, some further action could be taken by this House to bring in an element of compulsion?

[Damian Green]

What I will say is that we are debating this Bill here today because the IPPC came to the Government and said, “We need extra powers.” We have responded as quickly as possible so as not to delay the move from truth to justice. We are always willing to accept representations from the IPCC and to consider what is the most practical way of allowing it to do its job as efficiently as possible.

The right hon. Member for Delyn asked me about a related subject, namely the retirement of officers during an investigation. The IPCC can continue an investigation into either criminal or misconduct matters even when an officer has chosen to retire in the middle of it. I hope that the right hon. Gentleman is reassured by that. He also asked about private contractors. Contractors working as detention and escort officers already fall under the IPCC’s oversight, and are therefore covered by the Bill. We are considering the need to extend the provision to other kinds of contractor. That is not relevant to events that took place in 1989, because there were no private contractors then, but we will consider the issue in the longer term, along with the IPCC.

I was asked when the IPCC investigation would conclude. I think that everyone recognises that it is a huge, complex, far-reaching investigation, and that it will take time for it to conclude thoroughly. The last thing we want is an investigation that is not carried out thoroughly. The IPCC will set out the scope and projected timings in the new year. As well as meeting my officials, it has been meeting the families and their representatives, and will continue to do so in order to ensure that they are in the loop at all times.

My hon. Friend the Member for City of Chester (Stephen Mosley) and the hon. Member for Liverpool, Riverside (Mrs Ellman) asked about sanctions. As we are about to debate that subject, I shall not intrude on your patience, Mr Deputy Speaker, but I will say that we have not expressly provided for a sanction for failing to comply with a witness attendance requirement because effective sanctions are already available under the Police (Conduct) Regulations 2012. I shall doubtless say more about that shortly, when we discuss amendment 1.

Let me again thank the Opposition, and Members in all parts of the House, who have spoken today and expressed their support for the Bill. I hope that the constructive manner and tone that have characterised the debate will serve as a reassurance, not least to the families of the victims, that the House is working well to try to help them as much as possible. I look forward to the Bill’s remaining stages.

Question put and agreed to.

Bill accordingly read a Second time.

Liverpool Passport Office

Debate between George Howarth and Damian Green

Thursday 30th June 2011 Commons Chamber

[Damian Green]

The hon. Gentleman invites me to take a legal decision, but a legal process is in action under the tribunal, and what he calls hiding behind legal niceties I would call obeying the law, which it is a good idea for Ministers to do.

[Mr George Howarth]

The Minister will know that, while a tribunal is pending, it is open to any employer to review the situation, decide that it is not worth proceeding to a tribunal and try to rectify the situation by their own actions. If he wanted to be bold, he could overrule what his officials are telling him and say, “Look, there is a moral case here.” It has been put effectively by my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), and in the light of what she said, I think that we should resolve this situation before the tribunal.

[Damian Green]

I am conscious of the strong feelings involved, and as I said, I would be delighted to look at the new information that she has revealed to the House this afternoon.

The hon. Lady made a number of other legal points. As she will be aware, the civil service rules do not permit exceptions to enable permanent appointment under this type of system, although they can enable the extension of fixed-term contracts up to a maximum period of two years. She mentioned the letter from Paul Luffman, which was indeed a draft letter that was never sent. It was not sent to the commissioners because the Home Office human resources team were dealing directly with the commissioners, not the IPS.

I want to put on record what happened. The core of the problem sits with an error made by the Liverpool passport office in September 2008 in preparation for the peak demand period starting in March 2009. At that time, the Liverpool office ran a recruitment exercise using friends and families as a candidate-attraction method. The IPS issues more than 5 million passports each year and demand is subject to seasonal peaks. It manages the seasonal variations through the use of flexible employee deployment and through a variety of employee contracts. These contracts include full-time, part-time and part-year appointments and will occasionally include the appointment of staff on fixed-term or casual contracts.

For a number of years, the IPS has, in areas of the country where there are challenges for the permanent recruitment and retention of lower graded staff, used a localised process for the recruitment of fixed-term appointment or casual staff. In this case, short-term opportunities were advertised through the existing network of IPS staff. The recruitment process is closed, which means that the job opportunities are not advertised publicly and therefore other potential candidates are not given access to information about the opportunities available. However, those candidates given the information are selected fairly and are required to demonstrate appropriate levels of competence and behaviours through an application and interview. They are also subject to normal referencing procedures.

Posts advertised under the friends and family scheme should be clearly described as either casual or fixed-term appointments. By definition, friends and family schemes are not fair and open campaigns and, under the civil service Order in Council, cannot result in a permanent appointment to the civil service. Posts advertised and appointed in this way can result only in fixed-term or casual appointments for a maximum of two years. IPS works to defined policies for deploying and recruiting staff. Since 2005, the management and administration of IPS recruitment has been overseen by the IPS central resourcing team in human resources at its headquarters in London. The error made by Liverpool passport office in 2008 and 2009 was that it employed those 14 staff on a permanent basis. The recruitment had not been authorised by IPS’s head of resourcing and the Liverpool office had not described the scheme as falling under the friends and family provisions. This resulted in a list of candidates being subsequently employed on permanent civil service contracts by mistake.

In March 2010, the IPS central resourcing team carried out a routine audit of IPS external recruitment. The audit identified concern about the friends and family recruitment scheme that was adopted at the Liverpool office in 2008 to employ staff in 2009. The concern primarily arose from the fact that staff had been permanently recruited without any open competition or advertisement of the vacancies. IPS considered that the civil service Order in Council had been contravened on the grounds that permanent contracts had been agreed through a process that was not subject to open competition. In view of the contravention, IPS looked to withdraw the permanent contracts and place the individuals involved on fixed-term contracts.

The following month, April 2010, IPS notified the civil service commissioners that a total of 14 permanent contracts were being withdrawn and replaced by fixed-term appointments of under two years. However, that action was not taken immediately. Instead, IPS explored whether alternative approaches existed that could alleviate the potential impact on the staff employed. That process was protracted but IPS was unable to find new evidence to support any other approach. It was not until February 2011 that the final decision was taken to cease the permanent contracts. Having reached that decision, IPS briefed the local senior management team and national trade union representatives from the Public and Commercial Services Union. The PCS local branch was briefed on 16 March 2011 to allow employee representatives time to prepare and consider an appropriate response. On 21 March 2011, the decision to dismiss the affected staff was carried out. The 14 staff affected, still in employment, had their permanent employment contracts terminated immediately and four of those staff, who had already completed two years’ service, by exception were offered a five-week paid notice period. The remaining 10 staff were offered and accepted fixed-term contracts of up to two years, including time already served. Of those 10 fixed-term contracts, three were scheduled to end on 14 June 2011, two on 31 August 2011 and five on 30 September 2011.