Metropolitan Police: Stephen Lawrence Murder Investigation

Debate between Janet Daby and Marsha De Cordova

Wednesday 12th July 2023 Westminster Hall

[Janet Daby (Lewisham East) (Lab)]

I thank my hon. Friend the Member for Eltham (Clive Efford) for setting out the historical account, the present situation, the severe failings of the Met police and—as he well said—the corruption that has taken place. I would also like to add that Baroness Lawrence is with us in the Chamber.

The 1999 Macpherson report stated that the investigation was

“marred by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers.”

If that report were reviewed in the light of the information that has recently been brought to our attention, it would probably include the word “corruption” as well. Over the decades, the Met should have used the Macpherson report as an opportunity to change. It contains 70 key recommendations for our society to show zero tolerance of racism and discrimination. The Home Affairs Committee’s 2021 report assessing the progress of the recommendations, some of which are still outstanding, concluded that

“there is a significant problem with confidence in the police within Black communities.”

Black communities continue to be under-protected and over-controlled by the police, as has been stated by Robert Reiner, a well-known criminologist.

[Marsha De Cordova (Battersea) (Lab)]

I thank my hon. Friend the Member for Eltham (Clive Efford) for his steadfast work on this case and for his speech. Does my hon. Friend the Member for Lewisham East (Janet Daby) agree that we are witnessing a deep-rooted cancer of corruption within the Metropolitan police? It appears to be still alive and kicking. After hearing everything that my hon. Friend the Member for Eltham said in his speech, does my hon. Friend the Member for Lewisham East agree that we need three things? The Met needs to be dismantled once and for all, we absolutely need an independent inquiry into this, and the Met commissioner must now be held to account for these actions. This cannot go on any longer. Justice is not being served for the Lawrence family.

[Janet Daby]

I thank my hon. Friend for her significant contribution. There is clearly disruption and corruption in the Met police; we know that from the recent Casey review and, actually, from many other reviews that I will mention. Where corruption, concealment, cover-up and unnecessary distress have been caused to black communities and the Lawrence family, the police commissioners need to be held to account for the fact that they did not do their job properly. Why did they not do their job properly in the first place?

The Scarman report back in 1981 should have been a chance for the police to progress and change. That, too, was a missed opportunity. I have already mentioned the Casey review, which found the Met police to be institutionally racist, misogynistic and homophobic.

To add insult to injury, a BBC investigation published last month found, as we have heard, that there is evidence of a sixth suspect, Matthew White, being involved in the Stephen Lawrence murder, but that line of inquiry was mishandled by the police at the time. Furthermore, it was announced last week that former Met officers will face no further action over their roles in the 1993 investigation into Stephen’s death. That should all be reopened and looked at again because of the corrupt situation that we now know has taken place. To be fair, I am sure we already knew that; it is just that it has been revealed by the BBC.

Last week’s decision must be causing unnecessary frustration and distress to the Lawrence family—I am very sorry for that—and the wider community. Where is justice? Why do black lives not matter more than they do at present? The police should be doing their job properly. What are we to expect from them in the future?

The Met needs to change. It must use the events of this year as motivation to reform. It must not fail to address its shortcomings, as it did in 1999 and in 1981. I therefore join Baroness Lawrence in calling for police officers under investigation for disciplinary offences to hand over data from their personal mobile phones. More investigation needs to take place, and more needs to happen to uncover corruption and bring about real justice.

Eye Health: National Strategy

Debate between Janet Daby and Marsha De Cordova

Wednesday 17th May 2023 Westminster Hall

[Marsha De Cordova]

I thank my hon. Friend for his intervention, and he is absolutely spot on. I will come to the workforce plan and the Government’s expectations, but he is absolutely right that it must include this specialism. There must also be an element of training and upskilling.

[Janet Daby (Lewisham East) (Lab)]

I, too, congratulate my hon. Friend on securing such a significant debate. I recently visited Greenvale School in my constituency, which is a school for children with special educational needs and disabilities. It is one of the schools involved in the initial roll-out of the special school eye care service, and I have met the ophthalmologists, who do absolutely brilliant work. Does my hon. Friend agree that if the Government end this service in the summer they will be neglecting children’s eye care, and a huge responsibility and onus will be placed on families?

[Marsha De Cordova]

My hon. Friend makes a really crucial point about special schools and about ensuring there is enough capacity to support children who have complex needs with sight loss. What is really troubling is that, in many instances, sight loss is not always picked up, so having specialist ophthalmologists in schools is crucial. There absolutely should be no way of reducing that provision—in fact, we need to build capacity.

To respond to the current crisis in eye healthcare, the Government must commit to a national eye health strategy for England, as set out in my Bill. The strategy would include measures to improve eye health outcomes, remove the postcode lottery of care, reduce waiting times, improve patient experiences, increase the capacity and skills of the workforce, and make more effective use of data, research and innovation. An eye strategy would ensure that, regardless of where someone lives, they can have access to good-quality eye healthcare, which would address eye health inequalities and ensure that there is more equity of access to eye care among different communities and people who are more at risk of sight problems but who may not be accessing NHS sight tests.

[Marsha De Cordova]

I thank my hon. Friend, who highlights the fantastic eye care department at St Thomas’s Hospital. She is absolutely right: my strategy already sets out how to address the backlogs in eye healthcare, and the Government could just say, “Yes, we are going to take it on, reduce those backlogs and address the workforce issues.”

Ensuring that we have equity of eye health must also include people who are homeless and those with learning disabilities, as my hon. Friend the Member for Lewisham East (Janet Daby) mentioned. A strategy would focus on five areas. The first is the eye health and sight loss pathway, which outlines the care and support for those diagnosed with loss of vision. A pathway would focus on the physical and emotional impact of being diagnosed with sight loss. Research has shown that blind and partially sighted people are likely to experience poor mental health outcomes, such as depression and anxiety, in their lifetimes. As part of the pathway, more emphasis should be placed on the provision of non-clinical community support, which would complement the work of community optometrists, ophthalmologists in hospitals and rehabilitation officers. Where is the plan to improve non-clinical and community support as part of the eye health pathway?

The second area the strategy would aim to improve is collaboration between primary and secondary care, and it would emphasise integrated care systems to ensure timely and accurate referrals. Demand for eye care services is expected to increase by 40% over the next 20 years, so we need to pay more attention to joining up care to meet future demand. Some of the burden on hospitals from that increased demand could be eased through more investment in high street community optometrists and by changing the way services are commissioned, to make more use of resources and infrastructure in our communities.

Two million people attend NHS accident and emergency services each year with an injury to or disease of the eye, and over 65% of those cases could have been treated in primary care optometry, which is not only more accessible but saves money—it costs less. Despite that, only 23 out of the 42 integrated care boards commission a minor eye condition service, or MECS, consistently. Five have no MECS provision at all—patients must attend a hospital eye service either via their GP or A&E. That is unfair and inequitable, and it is a waste of NHS resources to have patients go to A&E when they could access something in the community, which is easier for the patient, improves outcomes and saves us money.

[Janet Daby]

I thank my hon. Friend for giving way. Does she agree that the Government party claim to take care of the public purse, but in this case they are clearly not doing that at all? They are actually doing the opposite—wasting money from the public purse—because they are not making sure that the funds address the right issue.

[Marsha De Cordova]

Again, my hon. Friend makes an intervention that is 100% accurate. We obviously have to ensure that spending is done effectively and properly, and ensuring that resources are allocated in the community and alleviate pressures on hospitals will obviously lead only to better outcomes and savings.

At the most recent meeting of the all-party parliamentary group on eye health and visual impairment, ophthalmologist Dr Seema Verma from St Thomas’s Hospital spoke about the importance of MECS and locally commissioned optometry clinics in south-east London, which prevented 32% of referrals from being sent to hospital eye care services. If my hon. Friend the Member for Vauxhall (Florence Eshalomi) does not mind, I would very much like to invite the Minister to visit the eye department at St Thomas’s and the MECS community service, if he has not already done so.

Better joined-up care requires spending on infrastructure. Improved IT connectivity for two-way transfer of patient and clinical data would enable better patient care, and improved use of clinical skills and facilities in primary care, enabling more patients to be seen and treated closer to home. Everyone can get the theme here: community, community, community.

The eye care sector has been championing a single national electronic eye care referral system or EECR—there are so many acronyms—that would facilitate direct optometry to ophthalmology referrals, without people having to go through their GP. That would reduce the administrative burden on GP services, devolving some of the lower-risk cases to optometry and addressing unwarranted variations in referral and follow-up pathways.

Rights of Children (Police Custody)

Debate between Janet Daby and Marsha De Cordova

Tuesday 28th June 2022 Westminster Hall

[Janet Daby (Lewisham East) (Lab)]

I beg to move,

That this House has considered the rights of children while in police custody.

It is a pleasure to see you in the Chair, Mr Hollobone. In March, I led an Adjournment debate following the incredibly concerning case of a constituent who was held in a cell for nine hours before an appropriate adult was called. Unbeknown to his family, he had been missing; he had not arrived at school, and they were unaware of his whereabouts. From that case and many others of a similar nature, it is clear that the law is simply not working for children in police custody. There is room for further debates on the general policing of minors and children, but today’s debate is focused on the rights of children while in police custody.

I am sure the Minister knows that various legislative protections are in place to ensure that children are detained as a last resort, and for the shortest possible time. The failing is that this is clearly not happening, because the policies are being ignored. Some 50,000 children are held and locked up in police custody every year. Children are detained in cells in police stations that have primarily been built for adults. On average, children are detained for over 13 hours, with 21,369 detained overnight in 2019. The decision to detain children is approved 99% of the time, and it is time the whole process was reviewed.

According to the Police and Criminal Evidence Act 1984, the role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence by ensuring that they are treated in a fair and just manner and can participate effectively. The Act derived from public concern over the Maxwell Confait murder case in my constituency in 1972, which led Parliament to pass the Police and Criminal Evidence Act, known as PACE. This year is the 50th anniversary of the Confait case, which involved a tragic murder and the wrongful arrest, charging and sentencing of minors, which was later overturned.

PACE tackled a number of areas of growing public concern, including the treatment of suspects in police stations and cells, the length of detention without being charged, the conduct of interviewers and access to lawyers. In cases where the suspect is a child or vulnerable person, PACE requires the presence of an appropriate adults, also known as AA.

[Marsha De Cordova (Battersea) (Lab)]

I thank my hon. Friend not only for securing the debate, but for the really important speech she is giving. On the role of the appropriate adult and how it has evolved over the 50-year period, does she agree that there need to be more checks and balances on how appropriate adult schemes are used in our police stations, and that there needs to be greater monitoring and robust scrutiny of those roles to ensure that any child in custody has an appropriate adult within a reasonable timeframe? We do not mean within three hours but within a couple of hours at most.

[Janet Daby]

My hon. Friend has captured the essence of my speech. She is entirely right that assurances need to be put in place to make sure that children have an appropriate adult to help, guide and support them throughout the whole process. I will cover this issue in some detail later in my speech.

The principal intention of the appropriate adult safeguard was to reduce the risk of a miscarriage of justice as a result of evidence being obtained from vulnerable suspects, which by virtue of their vulnerability led to unsafe and unjust convictions. Some 50 years later, children in custody are being failed because of the length of time they are spending in detention without being charged and because appropriate adults are not being contacted quickly enough. Child suspects are almost invisible to policymakers and politicians.

[Janet Daby]

I thank my hon. Friend for that really important intervention. It is very distressing to hear about the abuse of power by professionals in a trusted position. It is even more distressing to hear that certain incidents happen to young people and children. They could be our relatives—our children, our nephews, our nieces. It is upsetting, and we need to get to the bottom of it. My hon. Friend mentioned the investigations that are rightly taking place, but the Government need to do more to hold public servants to account and ensure they are operating in the manner in which they should.

In the recent Adjournment debate I led on harm to adults, the Minister said:

“It is right and proper that children are acknowledged as a protected group with specific needs.”—[Official Report, 14 March 2022; Vol. 710, c. 737.]

In response to a question I asked last week, the Minister for Crime and Policing confirmed the Government’s commitment to driving down the number of minors held in custody and the duration for which they are held. Although the Government recognise the significance of the role of the appropriate adult, they need to do far more, and I hope I will get a more satisfying response this afternoon.

There is consensus that work needs to be done with minors in custody, but tragically I fear there is a danger that the Home Office will continue to miss my point. The law is not functioning as it should. We are not living up to the UN convention that we ratified. The legislative status quo fails to adequately safeguard children, and something needs to change. Children are left waiting an average of six hours before the arrival of an appropriate adult, and are sometimes held overnight. I remind Members of my constituent, who spent nine hours waiting for an appropriate adult.

[Marsha De Cordova]

Outrageous!

[Janet Daby]

It is indeed outrageous. Despite the rules requiring the police to secure the attendance of an appropriate adult as soon as possible, I am told that in some cases appropriate adults are asked to attend only when the police are ready to interview. That severely hinders the appropriate adult’s ability to enact their role of providing oversight and welfare throughout the whole process of detainment. A Children’s Commissioner report found that, in cases where the parent is unable to fulfil the appropriate adult role, there was an average of a seven to eight-hour delay before the police requested an appropriate adult from a local scheme. Again, children are being failed. If a child aged between 10 and 17 years old is left alone in a police cell for extended periods of time, one can only imagine what they are thinking and how they are feeling. If it were our own child or a child from our constituency, we would be deeply concerned. The Government should be deeply concerned about all children across our nation.

I have spoken to a constituent who told me that, as a child, they accepted a guilty plea even though they were innocent. They did that because they wanted to avoid having to stay any longer in a police cell. They will not be the first person to do that, and the Government need to re-address that injustice—that wrong—quickly.

A recent trial in the Metropolitan police has demonstrated that such delays are not inevitable. A trial took place, using the acronym CHILD, to focus on the importance of contacting the appropriate adult at the point of booking in, whether that was the parent or an individual in a local scheme. In that trial, average detention times for children reduced by 10 hours—sorry, not 10, although I would like it to be; they reduced by seven hours, which demonstrates that safeguarding the interests, rights and welfare of the child is achievable. I hope that the Minister will join me in praising the Met’s initiative and work, and that the Government will roll out that successful pilot to all Met stations and all regions of our nation. Is there a plan to do that?

Many elements are built into the youth justice system that differentiate it from the broader criminal justice system. In the youth court, the judge and the probation officers are youth specialists—in my previous life, I was trained as a youth probation officer, so I have some knowledge of that. All the language is adjusted to remain appropriate to the age of the child. Broadly speaking, the youth criminal justice system seeks to avoid punitive measures and tries to put the child first. As we have heard, that is not the case in police custody.

According to academics Dr Vicky Kemp and Dr Miranda Bevan, specialists in this area, child suspects who are not convicted and who are uncharged experience disproportionately harsh treatment. The rules say that children are to be detained for the “shortest appropriate period”, but children are often detained as long as adults. Children are not adults, so why are they treated like adults? Data shows that the average stay is increasing.

In 2019, following a freedom of information request, it was uncovered that a 10-year-old child spent a staggering 23 hours in a police cell. That beggars belief—it is actually hard to take in, but it is true. In one particular police force, the average detention period was 18 hours—not for one child, but on the 1,293 occasions on which a child was detained overnight in police custody.

Long detention times deeply traumatise children and scar them for life. They are deprived of liberty, trapped in incredibly intimidating conditions and often deliberately kept in the dark. After an overnight stay, one 12-year-old said:

“I didn’t know they could do that to you...it was awful and I wasn’t sure I was going to be okay”.

[Marsha De Cordova]

My hon. Friend is making an incredibly powerful point. Does she agree that those moments in which that poor child, or any child, is detained in custody will have a long-term and sustained impact on their mental health and wellbeing, their confidence levels and their ability—because they are children—to understand what has actually happened to them? It is a form of abuse.

[Janet Daby]

I agree with my hon. Friend that, in such instances, it is abuse. It is harmful for children to be in such situations. The very service that is there to protect them is also doing them incredible harm. The Government have to take that on board and to accept their responsibility and the role they need to play. The welfare of the child is “paramount”—it says that in the Children Act 1989. If the welfare of the child is paramount, their welfare needs to be paramount on all occasions and in all situations. The very services that are there to protect and support them need not only to carry out justice—absolutely—but to consider the welfare of the child.

I am sure we want more for our children—I am hearing that already—but we must not keep them in a state of despair. That is simply wrong. As I said, the Government can change that. Even with children who end up being convicted, we cannot bury our heads in the sand and carry on with a system that is devoid of compassion.

Cutting the detention clock for a child in custody would mean that the appropriate adult is likely to be called out quicker and is more able to stay for the duration of the detention. It would also lead to a decrease in the frequency of overnight stays. That would be better for the public purse economically, but also for the physical and mental wellbeing of the child.

For the police, it would improve relations with key communities in the area, reduce reoffending rates and ensure that all their collected evidence was reliable. It would prevent the collection of evidence from being hampered by the lack of sleep or the worry and stress stemming from 13 or so hours in solitary confinement. To be clear, calling for a reduction in the child detention clock would not hinder the police’s ability to fight crime. The police currently have the power to request an extension from the superintendent if the case is complex. That power would be retained even if a lower detention cap was implemented.

During the previous Adjournment debate, the Minister failed to respond to my call to cut the stay limit from 24 hours. Will she hear me now and respond to that call? There is evidence calling for a stay limited to 12 hours instead of 24.

I will mention two other things before I finish. First, there must be far higher reporting and monitoring of the use of strip searches in police custody. I commend my hon. Friend the Member for Battersea (Marsha De Cordova) for her recent parliamentary question. The current rate of strip searches is woeful. They are degrading and humiliating and, as we have seen, they completely traumatise children. Will the Minister commit to increasing transparency and accountability on this issue and exploring technological alternatives that are less intrusive, less emotionally harmful and less damaging to the child?

Secondly, a decade of legal aid cuts has meant that firms cannot afford to send down more than minimally trained representatives to police stations, and then only for the shortest possible period. Lawyers therefore often arrive just before the interview, when the child is too exhausted to engage—if the child gets a lawyer at all. Currently, children have to opt in for legal advice, and too many children forgo their right to legal representation; they are burnt out, emotionally exhausted and probably do not fully understand, and they falsely believe it will make the process go faster. The fallout from this kind of misunderstanding can be avoided if we instead implement an opt-out system.

There is also a danger that post-pandemic remote legal advice will begin to spread. Research from Transform Justice shows that remote legal advice increases the stress and anxiety of children and impedes the communication between lawyer and child. To ensure high-quality advice that serves the needs of the child, it is vital that the Minister continues to champion in-person legal advice, moves towards an opt-out system and bolsters legal aid.

As I draw to a close, I ask the Government to maintain public safety and to protect children throughout the youth criminal justice system. I call on the Minister to review the detention clock for children, to roll out the Met’s new approach to appropriate adults across the Met and the police nationwide, which will allow us to begin finally to have a child-first approach to police custody suites, and to implement opt-out legal representation system for children. I ask again whether the Minister will commit to increasing transparency and accountability for strip searches and exploring technological alternatives that are less intrusive and harmful to minors. As a country, we should see the welfare of the child as paramount in all instances and across all services at all times.