Independent Police Complaints Commission

Keith Vaz Excerpts

Tuesday 15th November 2011 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

Thank you, Mr Deputy Speaker, for giving me the opportunity to debate the Independent Police Complaints Commission, an organisation that has taken on increasing importance in recent months. It is right in such a debate to begin by thanking all local officers in Tottenham for the work that they do day in, day out. The vast majority of them serve us very well indeed. Some of those brave men and women serve their own community, and it is clear that they put others ahead of their own needs. All of them put their lives on the line to keep Tottenham safe, and I thank them for that.

However, for all the bravery of those officers, things very occasionally go wrong, and when they do individual officers must be held to account for their decisions and actions. There is no way of escaping Tottenham’s recent history: there is a history of people in Tottenham dying during or following police contact. I wish to God that this were not true, but anyone who has lived in Tottenham knows just how those deaths have strained the relationship between some of our residents and the police. With the death of Cynthia Jarrett in 1985, Roger Sylvester in 1999, and Mark Duggan this August, Tottenham’s history has been punctuated and measured by these tragic events.

Of course, deaths in police custody or following police contact are not only a Tottenham issue, as, for example, the unexplained death of Christopher Alder in Hull more than a decade ago shows us, and they are not just an issue for the black community. Recent years have seen the deaths of Ian Tomlinson and Jean Charles de Menezes due to police actions. But in Tottenham we do seem to bear our share of these tragic events.

It takes years—decades—of effort to build community relations and to foster a two-way sense of trust between residents and the people who should be their police. Despite a lot of good work, it is the list of deaths that everyone remembers. It is not just the fact that a person has died following contact with the police that is important; how the death is investigated and who carries out the investigation are just as important. That is what I want to discuss this evening.

Before describing how I think the IPCC can be improved, it is important to recognise that the journey to the creation of an independent complaints authority has not been short or without controversy and resistance, because we have come a long way indeed. In 1985 Lord Scarman produced his groundbreaking report on the Brixton riots four years previously. He was deeply concerned about the total breakdown of trust between the police and some of the communities they were supposed to serve. His report called for an independent body to be set up to investigate police complaints as a means of restoring trust.

Unforgivably, it would be another 19 years before the IPCC opened for business. Instead of the Government agreeing to what was so obviously needed, deckchairs were duly rearranged and the old Police Complaints Authority was set up to replace the Police Complaints Board, but it proved just as hapless. Changing a word in the title proved easier than changing the way of working, because in those days it did not matter whether it was the Police Complaints Authority or the Police Complaints Board that conducted the investigation. They were not investigations for the victim, their family or the concerned community; they were investigations by the police and for the police.

The opening of the Stephen Lawrence murder trial yesterday again brings the failures of the Police Complaints Authority into sharp public view. The Macpherson report on Stephen’s death highlighted these failures perfectly. It noted that the authority’s report on the Metropolitan police’s handling of the death was known as the Kent report, principally because the Kent police handled the inquiry into the Metropolitan police. The Kent report began making excuses for the Metropolitan police in its preface:

“The depth of detailed scrutiny applied in the complaints investigation could have found fault in most police criminal investigations. The reader of this report should bear in mind that the benefit of hindsight and the luxury of having time to assess all of the information that was available to the MPS is bound to reveal errors, omissions and flawed judgement.”

The Macpherson report highlighted the shocking extent to which the Police Complaints Authority examined whether racism impacted on the Met’s investigation, stating:

‘Many officers were asked directly whether racism had an impact upon their activities in the case. Predictably they replied in strong terms denying such impact. The result was the finding by Kent that: “Kent Police have found no evidence to support the allegation of racist conduct by any MPS officer involved in the investigation of the murder of Stephen Lawrence.”’

Scarman’s warning in 1985 about the lack of independent oversight of the police had become, 12 years later, the whitewash of the Kent police’s so-called investigation of racism in the Met. Like the Scarman report, the Macpherson report called for an independent body to investigate police complaints.

Thankfully, one Home Affairs Committee report later, the Government listened that time and the IPCC was set up in 2004. Make no mistake: the IPCC is certainly an improvement on what went before, as the police are not investigating themselves. We are pleased about that, but not very pleased, and certainly not content. The death of Mark Duggan tells us why we should not be content with what we have, because it is not yet good enough.

[Keith Vaz (Leicester East) (Lab)]

I congratulate my right hon. Friend on securing this important and timely debate. Does he share my concern, and that of members of the Home Affairs Committee, that several months after the current chair of the IPPC announced that he was leaving, there is still no replacement? We now understand that the job is to be advertised again. Does he agree that there needs to be a permanent chair to provide that organisation with good leadership?

[Mr Lammy]

I totally agree with my right hon. Friend. I was surprised when I found out that that important role in our country had been vacant for so long. I hope that when he comes to the Dispatch Box to reply to the debate, the Minister will explain that.

The IPCC has two roles, police scrutiny and public guardianship. It is charged with investigating complaints independently, and with the fullest scrutiny, but its role does not stop there. Given that it investigates on behalf of all of us, it must communicate and work with the public.

In the case of the death of Mark Duggan, it remains to be seen whether the IPCC fulfilled its primary duty to scrutinise the actions of the police on 4 August, but it is vital that the commission does all within its power to convince the Duggan family and the wider Tottenham community that its investigation is thorough, impartial and independent. Without that, we will be back to the bad old days of the Kent report and the police investigating police, and I hope that the IPCC do not take us there.

We wait to see whether the IPCC will fulfil its primary duty, but even in the days immediately after Mark Duggan’s death it was clear that it had failed completely and utterly in its secondary duty—that of guardianship. Mark Duggan’s family were forced to learn of the death of their son and father from watching television. That is beyond unacceptable. Why did nobody from the IPCC contact the family on the day of his death, when it had opened its investigation? Despite warnings from people throughout the community, the IPCC failed to communicate with the family until two days after the shooting, and even then it was unable to communicate anything of substance to them. That is not good enough.

Despite employing 15 media officers, the IPCC failed to make an appearance in the media to reassure a sceptical public—certainly in my community—that it would investigate Mark Duggan’s death thoroughly, impartially and independently. Its inability to fulfil that responsibility is difficult to explain. There was no direct communication by the IPCC to the affected communities in Tottenham in the hours and days after Mark Duggan’s death. Would it have been too difficult to hand-deliver a letter to residents of the affected areas, reassuring them of the investigation, explaining the known facts and appealing for calm and co-operation? No, it would not—but yet again, that did not happen.

In the absence of any word from the IPPC, a dangerous vacuum was allowed to open up, and rumours were allowed to take hold in the place of hard facts. That is not good enough. When the supposed facts were released to the media, they were quickly retracted. It was put out that there had been an exchange of fire in the incident that led to Mark Duggan’s death, but that turned out not to be true. Why did that happen? Again, that is far from what we would expect of an organisation with the role of public guardianship.

To this day, communication between the IPCC and Tottenham residents, as well as with the wider black community, appears sparse at best and unthinking at worst. That has to change. The magnitude of the IPCC’s task is immense, and some of the signs leave little hope in the strained community that I represent. Two thirds of people have heard of the IPCC, a number that has barely budged since the body was founded seven years ago, but one third of those think that it is part of the police—again, a figure that has barely budged. Ethnic minorities are even less likely to have heard of the IPCC, and they are more likely to believe that it is part of the police. That is the scale of the challenge awaiting us.

--- Later in debate ---

[The Minister for Policing and Criminal Justice (Nick Herbert)]

I congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this debate. I appreciate his long-standing interest in this topic and his immediate concerns about the ongoing investigation by the Independent Police Complaints Commission into the events surrounding the shooting of Mark Duggan in his constituency on 4 August. The whole House will recognise the passion with which he speaks on these issues and, I believe, will share his overriding concern, which is to secure community confidence in policing. That confidence is essential to ensure policing by consent, which we so prize in this country.

I join the right hon. Gentleman in praising the police for the work that they do, including that to secure order on our streets in the summer. That work is often difficult and dangerous. It is nevertheless imperative that when there are instances where police action goes wrong and there is culpability, there must be a robust system to ensure that that confidence in policing is maintained. That is as much in the interests of the police themselves as of those of us who guard the public interest to ensure that it happens.

I should like to address two key issues that the right hon. Gentleman raised. First, I will set out the background to the IPCC, including how it is set up and the way it operates, and deal with some of the issues relating to budgets and staffing. Secondly, I want to turn to the future and set out the issues confronting the IPCC in the context of the Government’s overall programme for reform of the system to ensure that we can maintain confidence in the police complaints system and that it plays a key role in the new policing landscape.

The police are a monopoly public service and their officers exercise coercive powers over citizens. They are expected to, and must, uphold the highest standards of behaviour and provide a policing service that enjoys the confidence of the public. The police complaints system is an important safeguard in holding the police to account. The complaints system should focus on allowing people who are dissatisfied with the provision of a policing service to make a complaint, and that complaint to be responded to appropriately.

There needs to be public confidence in the integrity and independence of the complaints system. It was the importance of that independence that gave rise, for the reasons the right hon. Gentleman described, to the establishment of the IPCC, in preference to the bodies that preceded it, in 2004 under the Police Reform Act 2002. It is worth reiterating that the IPCC is independent by law and makes its decisions independently of the police, Government, complainants and interest groups. This means that all complaints must be dealt with in accordance with legislation and the guidance issued by the IPCC and agreed by the Home Secretary. All complainants who have their complaints dealt with by the police in the first instance have a right of appeal to the IPCC. It independently investigates the most serious incidents and complaints. It regularly reports publicly on the outcome of investigations and it makes local and national recommendations as appropriate to ensure that the same things do not go wrong again. Its reports have to stand up to the scrutiny of inquests and courts.

The Government no more direct the IPCC than we direct police forces. It is essential that it remain an independent body.

[Keith Vaz]

When do the Government intend to appoint the new chair of the IPCC and why has that position been vacant for so long?