Policing and Crime Bill

Keith Vaz Excerpts

Monday 13th June 2016 Commons Chamber

It has been put to me that that promise was made face to face with some of the victims of hacking and press intrusion—people such as the McCanns and Milly Dowler’s family. It seems to Labour Members as though the Government have subtly shifted their position in the intervening years. As we heard a moment ago from the Minister, it is no longer a question of when the inquiry will go ahead; it is a question of whether it will go ahead. The Government now say that following the conclusion of the outstanding investigations on the matter, they will take a decision on whether the second stage of the inquiry will go ahead.

[Keith Vaz (Leicester East) (Lab)]

That promise was made not just to the victims and their families but to the Chairs of three Select Committees in the Prime Minister’s room before the inquiry was announced. My right hon. Friend is absolutely right to say that it is important that we get Leveson 2—perhaps not with Leveson, because he has moved on to do other things, but with somebody else. There is nothing wrong with the Government beginning the process, choosing a chair of the committee and getting the mechanics together. We do not really have to wait until the end of the criminal proceedings.

[Andy Burnham]

I wholeheartedly agree with my right hon. Friend. There is a huge amount of unfinished business. These issues are present in so many of the injustices that we have seen, where there has been inappropriate contact between police and press. We await the conclusions of the Daniel Morgan panel, for instance, which might best illustrate some of these issues.

That is true of other events as well. We remember the way in which the media were manipulated in the case of the Shrewsbury 24, for example. There have been many examples of this over time. Indeed, part 1 of the Leveson inquiry found unhealthy links between senior Met officers and newspaper executives, which led to the resignation of the then Met police chief and others. The issue cannot be left there. Public officials and police officers have also been convicted of offences related to these matters.

The Minister really needs to provide an explicit answer on this specific point today. He cannot wriggle out of this commitment. It is not the kind of commitment you can wriggle out of, given everything that those people have been through. A promise should be a promise, when it is made to people who have suffered in the way that many of the victims of press intrusion have suffered. I know that the Hillsborough families feel exactly the same. They were the victims of the biggest example of inappropriate police briefing of newspapers—and it was not just one newspaper. People think it was just one newspaper that reported the lies, but many of them reported the lies that were given to Whites news agency in Sheffield, and those lies went round the world. Only this week, I had an email from someone in the United States saying that they were astonished to find out the truth when they watched the recent BBC2 documentary on Hillsborough, and that for 27 years they had thought that the events were the result of hooliganism. It is impossible to exaggerate the harm that those lies caused.

I say to the Minister tonight that we need a better answer. If he were to stand up now at the Dispatch Box and say clearly to the House that there will be a second-stage inquiry into the culture of relations between the police and the press, I would be the first to say that we would not press our new clause 64 to a vote. However, there is growing suspicion among organisations—Hacked Off, obviously, but others too—and campaigners for justice that they are slowly being let down and that this matter is being slowly slid into the long grass. We have had anonymous briefings from people close to the Culture Secretary and others in Government to suggest that it has already been canned. Well, we on the Labour Benches are not prepared to accept that, so I say clearly to the Minister that unless he can provide a much more direct reassurance, we will push the matter to a vote this evening to force the Prime Minister to honour his own promise—it is not our promise; it is his promise—to the victims of press intrusion and hacking.

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[Andy Burnham]

I would certainly say so. I cannot understand why there is any doubt about this, given the clarity of the Prime Minister’s statements, which I have read out, and given that the Chair of the Home Affairs Select Committee, my right hon. Friend the Member for Leicester East (Keith Vaz), has just said that the promise was made not only to the victims but to senior parliamentarians. I do not see how this commitment can be negotiable.

[Keith Vaz]

The Culture Secretary—he was the Chair of the Culture Select Committee at the time—was in the room, so he was very clear that a promise was made.

[Andy Burnham]

Well, there you go. That says it all really. The right hon. Member for Maldon (Mr Whittingdale) seems to be in a different mode these days. One wonders what deals have been done by the Government if they are preparing to unpick this agreement, and we will watch them very carefully.

The Minister makes a fair point that there are ongoing investigations. I take his point that some of the investigations will have a material impact on issues that we are considering. We are not saying that we want the inquiry to start right now. We accept that there are matters to be concluded in the courts before it can proceed. What we are after is the removal of any doubt that it will proceed at the appropriate moment and that the promise the Prime Minister gave to those victims will be honoured. That is what we are seeking to establish tonight. That is what we are asking the Minister to lay down very clearly.

This goes beyond party politics. The victims and their families have suffered enough, and Members on both sides of the House owe it to them to make good on the promise that was given to them. That is why I look forward to Members from both sides of the House joining us in the Lobby tonight, because it clearly looks as though the Government are not going to give way.

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[Mr Walker]

I agree with my hon. Friend, which is why I am delighted that my concerns have received such close attention from Ministers and will continue to receive attention. I look forward to further updates. The Government are working very closely with Black Mental Health UK and its director Matilda MacAttram, and I hope that those conversations will continue.

I said that I would try to speak for only five minutes, but I might have to stray a little bit over that, Madam Deputy Speaker.

New clause 29 relates to access to legal advice before someone is detained under the Mental Health Act 1983. I know that the Opposition have tabled new clause 24, on advocacy, but mine is a probing new clause. The removal of someone’s liberty should never happen lightly. Again, there is great concern among the African-Caribbean community and Black Mental Health UK that a young black male is more likely than other people to have their liberty removed. New clause 29 is a genuine request to address a genuine concern, but I am not sure whether it is deliverable.

At the point of sectioning, the situation is almost always highly stressed. The needs of the individual who is ill should be central to that sectioning. There is very real concern about this situation. I am interested in the Opposition’s new clause 24 in relation to advocacy. Advocacy is often talked about but has not been delivered in the way that it should be. Again, my right hon. and hon. Friends on the Front Bench are aware of that issue.

New clauses 42 and 43 relate to the deployment of police officers on wards and the use of Tasers. I am well aware that the right hon. Member for North Norfolk (Norman Lamb) will be speaking to new clause 40 on Tasers. I cannot be absolutist in my approach. I know that Black Mental Health UK never wants to see police officers used on mental health wards, and I share that view, but there will always be occasions where that possibility remains. When police officers are deployed to mental health wards, there should be an almost immediate notification to the police and crime commissioner and the Independent Police Complaints Commission that that deployment has taken place. I know that Home Office Ministers are working closely with the Department of Health on collating better statistics about the use of force and restraint, but we cannot wait 365 days before receiving that information. When police are deployed on mental health wards, that information needs to be made available immediately. Again I have received assurances from Ministers that work will be done on that matter. I know that time is short, but when the Minister sums up, I hope that he will again reassure me and Matilda MacAttram that that work will be done.

Finally, I turn to the use of Tasers on mental health wards. The right hon. Member for North Norfolk will argue, with great justification and passion, that Tasers should never be used on mental health wards. My heart is with him, but my head says that there may be some highly charged situations where a Taser needs to be used. Right now, we know that Tasers are being used, but we are not collating or collecting the information, and there is no way for the House to know what is going on, or for concerned individuals to find out what is going on. When a Taser is used—I hope that they will never be used—a report needs to be made within a week to the police and crime commissioner and the IPCC. I am not suggesting for a minute that any police officer will take the action of using a Taser lightly, but we must remember that we are talking about Tasers and force being used in safe hospital environments. Again, I have received assurances from Ministers in relation to the issue, and I hope that the Minister will refer to those assurances in responding to the debate.

Finally, I draw the Minister’s attention to a trial in Los Angeles, where Tasers are linked to body cameras by Bluetooth, so that the camera starts recording immediately when a Taser is drawn. It does not need to be manually started by the police officer. Perhaps the Home Office would like to look at that.

I apologise for having spoken for a little longer than I said I would, Madam Deputy Speaker.

[Keith Vaz]

It is a pleasure to follow the hon. Member for Broxbourne (Mr Walker), who has raised so many important issues. He and the House have insufficient time to discuss all these issues, so I want to confine my remarks to just a couple of aspects of this group of amendments, the first of which relates to the Government’s decision to accept the recommendations of the Home Affairs Committee to place an initial 28-day limit on pre-charge bail.

I am sorry that the Minister for Policing, Fire, Criminal Justice and Victims has left the Chamber, because I wanted to pay tribute to him for being one of the very few Ministers we have encountered who writes back to the Committee and says that the Government will adopt some of our recommendations. He did so in respect of a 28-day limit on pre-charge bail, an issue that we have raised on a number of occasions. Most recently, in our report on police bail, we considered the case of Mr Paul Gambaccini and the need to prevent police bail from going on and on without limit. The limit is very welcome and very important.

I want to concentrate next on new clause 22, which relates to the surrender of travel documentation. I do not know whether my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) will speak to that new clause when he makes his winding-up speech, but I support it very strongly. It will go a long way towards addressing in the law our concern about terrorist suspects who can leave the country because they have not given up their passports or even been asked for them.

In the Home Affairs Committee’s review of counter-terrorism, we took interesting evidence from the sister of Siddhartha Dhar. Mr Dhar fled the United Kingdom while on police bail and despite being asked politely by the police to send in his passport. In fact, he never received the polite letter that the Metropolitan police sent to him asking him to hand in his passport, because he left the country when he was released from custody. He was already in Syria when that letter was sent.

What the Government propose in the Bill is welcome, but new clause 22 goes a little further. I very much hope that the Government will change their mind and accept it, because it is in keeping with the evidence given to us by the head of counter-terrorism, Mark Rowley, who said that when someone surrenders a passport immediately, the police and the security services know where that passport is and that, if someone breaches that requirement —in other words, if they do not hand over their passport—they should be in breach of their bail conditions.

[Mike Penning]

I understand that, in my absence, the right hon. Gentleman might have said something nice about me, so it was probably a good job that I was not here.

Is the right hon. Gentleman aware that the police have the power now to go with an individual when granting bail and physically take their passport or travel document before they release them?

[Keith Vaz]

They do indeed, but they did not do so in the case that I mentioned, which is the problem. We do not know how many other such cases there have been. We know about that case because it came into the public domain, and Mr Dhar ended up on a YouTube video telling us what he was doing. There might be other cases, but people are not very open about admitting mistakes. I accept that the power the Minister mentions may have been used before, but enshrining it in legislation as proposed in new clause 22 would be helpful.

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[Keith Vaz]

It is a pleasure to follow the shadow Home Secretary, my right hon. Friend the Member for Leigh (Andy Burnham). He was generous with his praise for those involved in the Hillsborough campaign, but the House should recognise his part in that campaign and the incredible work that he has done. He spoke with great passion on the subject even today, and he should be commended for what he has done.

It is not often that the Home Affairs Committee praises the Government, but they have done quite well in the Bill in picking up a number of the recommendations that we made about detention in police cells, which is to be stopped, and in particular about the seizure of the travel documents of those who have committed or are suspected of committing criminal offences. We would have liked the Home Secretary to go a little further and accept Mark Rowley’s evidence, but she has gone a long way towards dealing with the issues that we were concerned about, and I am glad that that provision is in the Bill.

The third recommendation that the Home Secretary has accepted, for which we are grateful, concerned the time that people spend continuously on bail. We listened to the evidence of Paul Gambaccini and others who came before the Committee, who could not understand why bail kept being renewed month after month with nobody telling them what was going to happen. Reputations have been ruined as a result. Of all the provisions in the Bill, the one relating to that situation will stand out. It does not mean that the police will not be able to do their job; it just means that citizens will not be continuously in limbo, not knowing what is going to happen. We welcome the fact that the Home Secretary has accepted all three of those measures that we put forward.

I want to thank the Policing Minister, who is one of the rare Ministers who write to the Committee and say, “We have decided to take up your recommendations.” That does not happen often, and the fact that he did it shows his courtesy and his willingness to take on suggestions, obviously with the support of the Home Secretary.

I strongly agree with what the shadow Home Secretary says about Leveson 2. I cannot understand the Government’s reluctance to accept that we will have to have a second inquiry. We need that inquiry. It was promised to me and to the then Chairs of the Justice Committee and the Culture, Media and Sport Committee by the Prime Minister in his private office behind the Speaker’s Chair after Mr Speaker had granted the urgent question and an emergency debate under Standing Order No. 24, which resulted in the entire debate on hacking. We should try to ensure that we have a timetable that will give comfort to those who have been waiting for that second inquiry.

At Home Office questions, I mentioned that the Home Secretary was now the third longest-serving Home Secretary in the history of our country. We have to look back to 1822 to find Viscount Sidmouth, who served for 10 years as Home Secretary—longer than the present Home Secretary has done. I do not know whether that will be her fate. It is important to remember that there has been a revolution in the policing landscape under this Home Secretary. Everything has been turned upside down. There have been massive changes. When she came to the Dispatch Box, I thought she would say that the reform agenda was finished, but when she said that it was ongoing, that caused us trepidation in the Home Affairs Committee, because we will have to continue our scrutiny.

There are many good things in the Bill. I am sure we will return to the subjects of policing and crime again in this Parliament, and I hope the Government will be able to accept even more of the Home Affairs Committee’s recommendations.

Question put and agreed to.

Bill accordingly read the Third time and passed.