Police Detention

Helen Jones Excerpts

Thursday 30th June 2011 Commons Chamber

[Nick Herbert]

I have answered questions about when it became clear that this case was of concern. There was undoubtedly increasing concern among ACPO representatives and, when they met Crown Prosecution Service and Home Office officials, the full implications of the judgment became clear. The right hon. Gentleman asked why we did not do more, but, as I have explained, Ministers were not alerted to this by officials until 24 June, which was last Friday, and that followed deliberations that officials had been having with ACPO after it, in turn, had received its written advice. I am confident that ACPO has been working properly both in talking with officials in order to understand the implications and also in taking formal legal advice not once, but twice, about what those implications were. I am also confident that it was right for us then to come to the House once we had established a course of action, so that we could inform the House of the right way to proceed.

[Helen Jones (Warrington North) (Lab)]

The Minister’s comments have revealed an extraordinary degree of complacency in the Home Office about this very serious situation. Did Home Office officials know about this judgment in May? If so, why did they not alert Ministers, and when Ministers first found out about the judgment, why did they not immediately come to this House and make a statement and talk to the Opposition about how to get emergency legislation through to rectify the situation? Why has the Minister waited for so long?

[Nick Herbert]

I answered those points in terms in my previous answer, and I have nothing to add. It was important for us to establish what the implications of the judgment were first at official level, working with ACPO, and then on the basis of proper legal advice. It was only when officials received the written judgment of the High Court that it became clear that the original judgment might have an implication beyond that which was initially understood. There have been discussions during the course of the week about the appropriate way to proceed, and I have sought to update the House once we knew the course of action, so as to bring clarity. I repeat that I do not regard this as a matter for partisan difference. We are grateful to the Opposition for adopting a sensible approach to this matter and for supporting emergency legislation. We do not need to disagree on this.