BAME Communities: Stop and Search

John Hayes Excerpts

Wednesday 23rd May 2018 Westminster Hall

[Naz Shah (Bradford West) (Lab)]

I beg to move,

That this House has considered the effect of police stop and search powers on BAME communities.

It is a privilege to serve under your chairmanship, Mr Owen. Stop-and-search is often referred to as the litmus test of police-community relations, and it is one of the first encounters that young people from ethnic minority backgrounds have with the police. Those early interactions can shape how young people view the police for the rest of their lives, especially when they, their family or their friends are searched repeatedly. Members from all parties will undoubtedly have heard accounts from their constituents of deeply negative experiences of stop-and-searches and other types of police-initiated stops, such as detentions at ports and airports under counter-terrorism legislation, and stops under road and traffic legislation.

Unfortunately, we have debated stop-and-search time and again due to the way that it has been misused since the 1960s. Recently, the Government initiated a series of reforms backed by cross-party consensus, which I will refer to. However, numerous inspections by Her Majesty’s inspectorate of constabulary—in 2013, 2015 and 2016—found that many chief officers are frustrating that process because they are

“failing to understand the impact of stop and search”

on people’s lives. I look forward to hearing from the Minister how the Government seek to carry on reforming these powers and prevent the backsliding that we have seen in the last couple of years.

I stress that stop-and-search can be a useful tool to detect crime, but only when it is used in a very targeted way. Claims are often made about how useful stop-and-search is, but they are not backed by scientific research and, in fact, often contradict the evidence base. Stop-and-search is neither the solution to crime problems nor a substitute for intelligence from good relationships with communities. Evidence shows that stop-and-search is a blunt tool for the prevention and detection of crime, and has a profoundly negative impact on police-community relations.

Home Office research in 2000 showed that stop-and-search had only a marginal role in combating crime, because its use was not linked to patterns of crime, and that searches for drugs were fuelling unproductive searches of ethnic minorities, particularly young black men. Ten years later, the Equality and Human Rights Commission reached the same conclusion. Threatening legal action against the five forces that it felt had the worst ethnic disproportionality at the time, it managed to reduce their volume of searches and that disproportionality—importantly, without reversing the long-term fall in crime. Last year, the College of Policing published analysis on the effect of stop-and-search on various crimes. It, too, found that stop-and-search had a weak role in reducing only certain types of crime, while having no measurable impact on most others.

Those studies show just how ineffective stop-and-search is as a general tactic. Even within a similar family of forces, stop-and-search use, outcomes and ethnic disproportionality differ so drastically that, as some of the research concludes, they are determined more by the culture set by chief officers than by local crime trends.

On the ground, the ease with which police officers can use their discretionary powers, together with their widely divergent views about what constitutes reasonable suspicion, mean that stop-and-search has become the go-to power for social control, and one that is influenced by unconscious biases or outright racial prejudices. For example, “smell of cannabis” and “fits a suspect description” are routinely used to justify searching people of colour. There are, of course, other powers that do not even require reasonable suspicion. Members will not be surprised to hear that those produce even worse ethnic disproportionality.

Given the national debate about the apparent increase in knife and violent crime, what are the Government doing to resist the urge to increase stop-and-searches in the false view that that will solve the problem? When the Prime Minister was Home Secretary, she rightly called that

“a knee-jerk reaction on the back of a false link.”

In fact, the police’s own data show that most searches are for drugs, rather than knives, guns or other weapons, and that the proportion of searches for drugs is actually increasing. For most forces, that figure is consistently more than 50%, and in a number of cases it is even above 70%. Will the Minister outline what the Government are doing to ensure that stop-and-search is actually targeted at violent crime?

Ironically, that increase has occurred at a time when police forces have signed up to the Best Use of Stop and Search scheme, the main purpose of which is to increase trust and confidence in policing by addressing the disproportionate impact of stop-and-search on ethnic minorities and by giving communities a stronger role in scrutinising those powers. Although that has delivered a welcome 44% reduction in the use of stop-and-search and has improved detection rates, if we probe behind the headlines we find that little else has changed.

After initially declining, disproportionality has shot to new heights in the past two years. Estimates for last year show that black people were searched at more than eight times the rate of white people, and people from mixed, Asian and other ethnic backgrounds were searched at around double the rate. Under the “suspicionless” powers in section 60 of the Criminal Justice and Public Order Act 1994, black people were searched at 14 times the rate of whites, mixed people were searched at twice the rate, and people from Asian or other backgrounds were searched at a slightly higher rate than whites.

Clearly, the benefits of scaling back excess searches of people who would not otherwise have been searched have not filtered through to ethnic minority groups. As with the Government reforms following the Brixton riots in the 1980s and the Macpherson report on the mishandling of the murder of Stephen Lawrence, we are at risk of giving up too soon and allowing stop-and-search to regress to unacceptably high levels of disproportionality and grief.

In her final months as Home Secretary, the Prime Minister argued that

“there is still a long way to go.”

That is partly because numerous HMIC inspections have shown that most chief officers are failing to show leadership in addressing stop-and-search. At one point, the former Prime Minister, David Cameron, declared:

“The Conservatives have become the party of equality.”

So can the Minister explain why the current Prime Minister has allowed disproportionality to increase and reform to grind to a halt under her premiership?

Communities have been left wondering whether the Government remain committed to reform of stop-and-search, particularly because the previous Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), did not give it the attention it deserves, despite it having been so central to her predecessor’s race equality agenda. The Prime Minister has also failed to live up to her promises to introduce monitoring of traffic stops and remove individual officers’ ability to use stop-and-search where they are found to be routinely misusing it. Will the Minister affirm that the Government are still committed to those proposals and say when we are likely to see them?

The powerlessness of ethnic minority communities to scrutinise and shape police policies and practice is a crucial issue that remains unaddressed. The true test of a democracy is the way it treats its vulnerable and minority groups.

[Mr John Hayes (South Holland and The Deepings) (Con)]

The hon. Lady will know that a hugely disproportionate number of black young men are victims of knife crime. Will she agree to survey victims’ families—those who are most closely affected—to see whether they agree with her? I strongly suggest that they want tougher sentences for knife crime, they want tougher sentences for the criminals who are convicted and they want more stop-and-search.

[Naz Shah]

I thank the right hon. Gentleman for that, and I will address some of those issues. I am not sure that conviction rates support what he suggests, but I will look into that further.

Police and crime commissioners were elected to democratise policing, but few have prioritised issues facing ethnic minorities. The best stop-and-search schemes give the public opportunities to accompany officers out on patrol, but they place most of their emphasis on scrutiny of stop-and-search records and data at police consultation groups.

The University of Warwick recently conducted the most comprehensive study of how members of the public in five police force areas try to provide input into police practice. It showed that police-public consultative groups have become the main forum through which the police make themselves accountable to the public, although those groups lack representatives from ethnic minorities and young people, who are most affected by policing. It concluded that these groups have become talking shops and are viewed as merely rubber-stamp committees by frustrated members of the community who want to make a difference. That is because there is no obligation on police officers to amend their policies or practice in the light of recommendations from the public. Even more concerningly, some senior officers responsible for organising these groups are either misleading the public about their use of stop-and-search or withholding even the most basic information, which would allow communities to hold them adequately to account. If we are serious about empowering communities, we need to ensure that members of the public can make recommendations and receive a written response from their chief officers on what those officers will do with that feedback. Will the Minister make that a statutory requirement?

The importance of getting stop-and-search right is made clear by academic literature on procedural justice, which suggests that the way people are treated by the police has an impact on their trust and confidence in the police and, by extension, on their perception of the state’s legitimacy, which determines their willingness to co-operate with the police and obey the law. It is therefore no surprise that anti-police riots have been fuelled by experiences of stop-and-search. All of that makes it even more important that we get stop-and-search right, no matter how long it takes.

One type of encounter that tends to be ignored and that is shrouded in secrecy is stops under schedule 7 to the Terrorism Act 2000, which are the most draconian of all police stops. The schedule provides powers to detain the travelling public for up to six hours, which could mean they miss their flights, without the right to compensation. They are separated from their family and friends to be questioned, searched and potentially strip-searched. They have their biometric data taken, irrespective of the outcome of the stop, and have data from their mobile phones and laptops downloaded without their knowledge or consent. This has a deeply negative psychological impact on British Muslims and on those mistaken for Muslims, such as Sikhs and men with beards. This power does not require there to be suspicion that individuals are involved in terrorism, so British Muslims are left wondering why they have been detained, other than by virtue of their faith.

Young Muslims have had the bizarre experience of being asked if they personally know where international terrorists such as Osama bin Laden are hiding. These law-abiding citizens are made to feel humiliated, distressed and fearful, as well as alien to the country they know and love. That has created a sense that British Muslims have become the new suspect community. What will the Government do to eliminate religious and racial profiling at ports?

There is more data and research on police stops than ever before. It shows a consensus that these powers are ineffective in anything other than highly individual scenarios and that they continue to impact negatively on innocent people’s lives. Now is not the time to rest on our laurels and assume that the job is done, simply because the overall numbers are down. I look forward to hearing from the Minister what the Government are doing to empower communities to hold their police to account, to deliver on promises of reform and to tackle the false notion that knife crime is linked to stop-and-search.

I will finish on this:

“nobody wins when stop-and-search is misapplied. It is a waste of police time. It is unfair, especially to young, black men. It is bad for public confidence in the police.”—[Official Report, 30 April 2014; Vol. 579, c. 833.]

Those are the words of our current Prime Minister when she was the Home Secretary. This year marks 20 years since the Macpherson inquiry started, and last month was 25 years since the stabbing of Stephen Lawrence. The Macpherson report in 1999 noted on stop-and-search that there remained

“a clear core conclusion of racist stereotyping”.

In 2009, the Home Affairs Committee, of which I am a member, reported on progress since the Lawrence inquiry. It noted that minority ethnic people remain

“over-policed and under-protected within our criminal justice system.”

It may be easy, from a position of privilege, to view this as a fad, but for many in our black and minority ethnic communities, racial profiling and discriminatory policing are real. They are corrosive, and they are undermining trust in public institutions. If we have learned anything from the Macpherson report, it is this: institutional racism needs to be dismantled if we are to build a society based on values of procedural justice and public accountability.

--- Later in debate ---

[Philip Davies]

I will come on to address those points in my remarks, but the implication of what the hon. Lady says is that drug offences are not serious offences and therefore the police should be turning a blind eye to them. That is not a premise I accept. Drugs are a blight on our society and cause misery for a lot of families, and it is absolutely right that the police try to crack down on drug offences. I do not take the view that drug offences are something that the police should not focus on.

[Mr Hayes]

The association is more intimate than that, is it not? Very often, these crimes are the result of gang activity, and those gangs are involved in both the drug trade and the violence that leads to knife and gun crime and ultimately fatalities.

[Philip Davies]

My right hon. Friend makes a good point; it is difficult to disaggregate drugs from some of the violence we see. The two often go hand in hand, and he puts that point particularly well.

I do not have time today to go into as much detail as I would like on this subject. I know that one of the reasons for stop-and-search relates to drugs. The 2016 statistics on race in the criminal justice system show that 34% of black offenders, and only 15% of white offenders, were convicted of drug offences, making that the largest offence group for black offenders. It seems to me perfectly obvious that black people are therefore more likely to be stopped and searched for drugs than white people, because more people are convicted of those crimes. That seems to me to be partly obvious. Drug offences were also the largest offence group for the Asian ethnic group, accounting for 28% of its offenders.

One of the other purposes of stop-and-search is to check for weapons. According to the Ministry of Justice’s figures, black suspects had the highest proportion of stop-and-searches for offensive weapons, at 20%. As far as I am concerned, it is irrelevant how many people from each background are being stopped and searched. What is relevant is how many of those who are stopped and searched are guilty of those crimes.

If those from certain communities were being stopped and searched and were consistently found to have done nothing wrong, I would be the first to say, “This is completely unacceptable.” In fact, that was one of the reasons why I started to do my own research on this subject, because I was constantly being told that people from ethnic minorities were much more likely to be stopped and searched but to have done nothing wrong, and therefore they were simply being stopped and searched because of the colour of their skin. If that were the case, it would be unacceptable, but that is absolutely not the case.

I asked a parliamentary question about this in 2016. I was told that the following were the percentages of searches that resulted in an arrest. For white people who were stopped and searched, 13% were arrested as a result. For black people it was 20%, for Asian people 14% and for mixed race people 17%. The evidence shows that the community that is much more likely to be stopped and searched and yet found to have done nothing wrong is white people. Those are the facts. They might be inconvenient facts for people who have a particular agenda, but they are nevertheless the facts.