Mental Health Act: Section 136

Kit Malthouse Excerpts

Tuesday 28th January 2020 Commons Chamber

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

I congratulate my hon. Friend the Member for Mole Valley (Sir Paul Beresford) on securing the debate. His long-standing interest in these matters is well known. I am grateful to him for raising this important issue, and I congratulate him on his persistence in repeatedly raising it. I have learned in my relatively short time in this place that persistence often pays. I am not sure whether it necessarily will on this particular occasion, but perhaps we could meet in the future to discuss where things may go.

I also congratulate my hon. Friend on spending time with his local police officers. I am encouraging as many Members as possible to do so, because a lot can be learned on the frontline, as the hon. Member for Manchester, Withington (Jeff Smith) said. I have met quite a few police officers over the last few months, and one thing that the response teams in particular have persistently raised with me is the amount of time they spend dealing with people who have mental health issues. It is a tribute to them that for many people they are the automatic first port of call for help in a wide range of situations.

Notwithstanding that, it is not acceptable that the police should be asked to cover the roles of other agencies out of normal hours simply because they are a 24/7 service, or because of staff or facilities shortages elsewhere. The police are not trained social workers, paramedics or mental health professionals, and assisting people who need these services also prevents the police from carrying out their own core tasks. Sometimes police involvement will be necessary in mental health cases, because either criminality or a threat to safety is involved. In such cases, it is vital that people in police custody have access to the support and medical care they need. However, it is clear that the best place for people suffering a mental health crisis is a healthcare setting, because the police cannot provide the specialist care they need.

There has been good progress through a number of initiatives to improve the way that the police and their partners respond to vulnerable people experiencing mental health crisis, but we acknowledge that there is still more to do. Provisions contained in the Policing and Crime Act 2017 designed to improve outcomes for people in mental health crisis came into effect on 11 December 2017. Those include removing the use of police cells as places of safety for under-18s detained under sections 135 or 136, cutting the use of police cells for adults and reducing the maximum period of detention to 24 hours. We have seen a continued decrease in the use of police cells as a place of safety since 2012-13. There were only 136 instances last year, compared with some 9,000 cases in 2011-12. The Department of Health and Social Care has already made £30 million available for health-based places of safety since 2015, and I will mention some of the other investments that it is making in a moment.

I know that my hon. Friend, as he has this evening, has previously raised concerns—sometimes echoed within the police service—that police officers do not have sufficient powers to act quickly in relation to people in private homes who are mentally distressed. In the NHS, home treatment teams serve to support people in acute mental crisis in their homes, so that they do not need to be admitted to hospital. But, of course, when a person does not allow services to help them, the burden often falls on police officers. They can often find themselves among the first to be called to assist a person in their home, as my hon. Friend has experienced, only to find that they have limited legal options to resolve the situation on their own.

Police officers do have the powers to act to prevent crime and to protect people and property from serious harm, but at the moment the Government do not believe they should be given the responsibility for removing people from their homes without due process. The police are not mental health practitioners, and it is essential that a professional assessment is made so that people get the support they need. At present, officers can support mental health professionals who have obtained a section 135 warrant to remove a person from a private address, and we believe that is the right and proportionate approach to those in their own homes.

Health and Home Office Ministers considered legislating for additional powers following their 2014 review of sections 135 and 136, but decided on balance that such new powers were not appropriate, a position that this Government continue to hold. Rather than circumvent the need for a warrant, I am clear that a more satisfactory response is to ensure that the necessary mental health crisis care services are in place throughout the country to provide the responses that people need. We wish, where possible, to reduce the frequency of detentions under the Act and to prevent people from reaching a crisis state. We will keep this issue under review and continue to work with the police, in conjunction with other partners, to better understand the precise scope and nature of mental health demand, and distinguish where the police may need to continue to engage and ensure that other services need to play a bigger role.

As my hon. Friend will know, there has been a huge rise in the demand for mental health services both within and outside the health service. Given what I have said about the amount of police time spent in engaging with mental health crises, missing persons or whatever it might be, this is definitely something on which we need to work. If he believes this—and he has allies, such as his friend Professor Rix, who may be able to sway minds—I would be more than willing to meet him in the Home Office to discuss what more we can do. It is certainly the case that, on top of the enormous investment in mental health provision through the national health service that we will be seeing over the next few months and years, we all need to look at and think about the legislation in this area, and I would be more than happy to do so in the future.

Question put and agreed to.

Automated Facial Recognition Surveillance

Kit Malthouse Excerpts

Monday 27th January 2020 Commons Chamber

[Sarah Olney (Richmond Park) (LD)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on police use of automated facial recognition surveillance.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

The Government are supporting the police and empowering them with the tools they need to deliver on the people’s priorities by cutting the crime that is blighting our communities. We have already pledged 20,000 more officers, new powers and the biggest funding increase in a decade, but embracing new technology is also vital and we support the use of live facial recognition, which can help to identify, locate and arrest violent and dangerous criminals who may otherwise evade justice.

Live facial recognition compares the images of people passing a camera with a specific and predetermined list of those sought by the police. It is then up to officers to decide whether to stop and speak to those flagged as a possible match. This replicates traditional policing methods such as using spotters at a football match. The technology can make the search for suspects quicker and more effective, but it must be used strictly within the law.

The High Court has found that there is an appropriate legal framework for the police use of live facial recognition, and that includes police common-law powers, data protection and human rights legislation, and the surveillance camera code. Those restrictions mean that sensitive personal data must be used appropriately for policing purposes, and only where necessary and proportionate. There are strict controls on the data gathered. If a person’s face does not match any on the watchlist, the record is deleted immediately. All alerts against the watchlist are deleted within 31 days, including the raw footage, and police do not share the data with third parties.

The Metropolitan Police Service informed me of its plans in advance, and it will deploy this technology where intelligence indicates it is most likely to locate serious offenders. Each deployment will have a bespoke watchlist made up of images of wanted people, predominantly those wanted for serious and violent offences. It will also help the police to tackle child sexual exploitation and to protect the vulnerable. Live facial recognition is an important addition to the tools available to the police to protect us all and to keep murderers, drug barons and terrorists off our streets.

[Sarah Olney]

We must not allow the UK to become a society in which innocent people feel as though their every movement is being watched by the police. We must not throw away UK citizens’ right to privacy or their freedom to go about their lawful business without impediment.

An independent review of the Met’s facial recognition trial was published last July, and its conclusions are damning. Does the Minister agree with the report that the legal basis for this roll-out is questionable at best and is likely to be in conflict with human rights law? According to an analysis of the Met’s test data, 93% of supposed matches in the four years of trials have been wrong. As well as being inaccurate, facial recognition technology has been shown to be much less accurate in identifying women and ethnic minorities than in identifying white men. This means that women and black, Asian and minority ethnic people are much more likely to be stopped without reason than white men. Given that a black person is already 10 times more likely to be stopped and searched than a white person, does the Minister share the Liberal Democrats’ concern that this technology will increase discrimination and further undermine trust in the police among BAME communities?

The biometrics commissioner, the Information Commissioner and the surveillance camera commissioner have all raised concerns about facial recognition surveillance, and all three have argued that its impact on human rights must be resolved before a wider roll-out. What steps has the Minister taken since those warnings to examine and address the human rights issues they raise?

[Kit Malthouse]

The hon. Lady rightly raises a number of issues that need to be addressed in the operation of this technology. I assume she is referring to last year’s statement by the Information Commissioner’s Office. The commissioner reviewed the Met’s operation and raised some concerns about how it was operating the pilot of live facial recognition. Happily, the ICO put out a statement on Friday saying that it is broadly encouraged by the fact that the Met has adopted some of its recommendations in this deployment, although she is right that the ICO remains concerned about the legal basis.

Since the ICO report was published, we have had the judgment in a case brought against South Wales police’s deployment of this technology, in which the High Court found there is an appropriate legal basis for the operation of facial recognition. However, I understand that there may be an appeal, and there is a suspended judicial review into the Met’s operation, which may be restarted, so if Members do not mind, I will limit what I say about that.

As for disproportionality, there is no evidence of it at the moment; the Met has not found disproportionality in its data in the trials it has run, and certainly a Cardiff University review of the South Wales police deployment could not find any evidence of it at all. The hon. Lady is, however, right to say that in a country that prides itself in being an open and liberal society, we need to take care with people’s impressions of how technology may impinge upon that. As she will know, live facial recognition has an awful lot of democratic institutions looking at it, not only this House: the London Assembly has a policing ethics panel; we have the Surveillance Camera Commissioner and the Information Commissioner; and there is a facial recognition and biometrics board at the National Police Chiefs’ Council, which brings people together to look at these issues. There is lots of examination to make sure that it is used appropriately, and I am pleased to say that the Met will be operating it on a very transparent basis. As I understand it, the Met will be publishing information about which data was gathered and the success rate, and other information that will allow the public to have confidence that where the technology is deployed to identify wanted criminals it is having the effect intended.

[Sir Desmond Swayne (New Forest West) (Con)]

If I am wanted for questioning, what difference does it make to my rights if I am fingered by a police officer or a bit of software?

--- Later in debate ---

[Kit Malthouse]

In his usual pithy manner, my right hon. Friend puts his finger on the button. As Members will know, the police have used facial recognition since their establishment. There is an analogue version—a wanted poster. We will have seen those and they crowdsource the identification of wanted criminals. The only question here is whether a human being does it, such as a spotter at a football match, or a machine does it. We acknowledge that if a machine is doing it, more circumspection and democratic control are required, and that is what we will be providing.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Facial recognition technology is potentially an important crime-fighting tool, but not without the correct safeguards, and the Minister has failed to persuade the House thus far that all the correct safeguards are in place. Does he accept that the random use of facial recognition technology requires not just a High Court judgment, but a specific legal framework and specific arrangements for scrutiny? After all, when blood, saliva or hair samples are provided, they are done voluntarily or under compulsory detention and charge. Facial recognition evidence is given involuntarily. He will have heard different reports about the unreliability of the evidence. Does that put people at risk of being wrongly accused of a crime? He will have heard the reports that the facial recognition technology finds it difficult to recognise black people and women, and that the technology deployed is often inaccurate. To bring in technology that might be inaccurate and mean that the guilty go unapprehended and the innocent are wrongly identified would be a spectacular own goal, leading to a breakdown of the bond of trust between the police and public.

[Kit Malthouse]

The right hon. Lady is right to say that the police must deploy technology so as to increase the trust of those they seek to protect, rather than to diminish it. We certainly believe that the use of this technology could, as she said, have enormous potential for crimefighting, if deployed in the correct way. She asked whether the random use of facial technology could undermine that confidence. It might, but of course we are not intending to use it in a random way and the police are not doing so. In effect, they will be operating it in a very specific intelligence-led way, with lots of notification in the area in which it is to be deployed against a known list of wanted suspects or criminals; a specific area will be identified where the police have intelligence that that person might be passing through. Those very specific and focused arrangements will be authorised by a very senior officer above commander rank.

As for unreliability, as technology is rolled out it obviously becomes more and more effective and reliable—[Interruption.] Well, I am the lucky owner of a telephone that allows me to make banking payments on the basis of recognising my face. That technology was not available in the last iteration of the phone—it is an iPhone—which used my thumb instead. So there are developments in technology. South Wales police found in trials that there was a 1:4,500 chance of triggering a false alert and more than an 80% chance of a correct alert. It is worth bearing in mind that even when the system does alert the police to a possible identification, the final decision as to whether to intervene with an individual is still taken by a human being.

[Rob Butler (Aylesbury) (Con)]

Will my hon. Friend explain how the proportionate use of facial recognition technology could help to tackle the offences, such as county lines drug offending, that are the scourge of many communities, including those in my constituency?

[Kit Malthouse]

My hon. Friend raises an extremely important point. The British people want to see the technology used, as he rightly says, in a proportionate way. It is certainly the intention that live facial recognition is used against the most violent and serious criminals, who are often wanted urgently when the police are having problems locating them. One key area of LFR governance will be the surveillance camera code, one of the key tenets of which is that LFR is used proportionately to the offence committed and, specifically, that it is absolutely necessary—that is, the police have no other way of locating that person or have had trouble locating them in the past. We all have a duty to monitor this development carefully, see how it is rolled out and judge it by its results, which we hope will be spectacular.

[Joanna Cherry (Edinburgh South West) (SNP)]

As we have heard, there are huge concerns about the impact of automated facial recognition technology on privacy and freedoms such as the freedom of assembly, and about the danger of bias and discrimination because, as the hon. Member for Richmond Park (Sarah Olney) said, there is evidence that AFR technology can disproportionately misidentify women and BAME people, which means that they are more likely to be wrongly stopped and questioned. Those concerns are widely held, including by the independent Biometrics and Forensics Ethics Group, which advises the Home Office on facial recognition.

The Scottish Government are employing an approach that involves a comprehensive, up-to-date legislative framework and a regularly updated code of conduct with strong oversight through a commissioner. In that way, my colleagues in Edinburgh hope to ensure that the use of the technology is proportionate, necessary and targeted, and that it respects human rights, privacy and data protection rules. Will the Minister follow suit?

Finally, so far as I am aware, there is no evidence that the use of this technology in the manner contemplated is effective in fighting crime. If I am wrong about that, will the Minister direct me to the evidence that says that it is effective? If not, why not employ less risky measures, such as following the Scottish Government’s example and employing more police officers in a meaningful way?

[Kit Malthouse]

The identification of individuals at large, by any method, is a standard policing technique—whether it is done by a human, a machine or, indeed, a member of the public—so increasing its effectiveness is absolutely key. I am pleased that the Scottish Government are mirroring many of the arrangements that are being put in place in the rest of the United Kingdom to deal with this technology because, as the hon. and learned Lady said, it has enormous potential for us. We have seen the successful use of the technology in pilots elsewhere. I was even told of an occasion on which a police force—I forget which it was; it might have been South Wales police—advertised the use of live facial recognition at a rock concert where in the past there had been significant problems with what they call “dipping”, which is in effect the pickpocketing of wallets and phones. The mere advertising of the technology resulted in there being no offences committed.

[Tim Loughton (East Worthing and Shoreham) (Con)]

If it is subject to the appropriate ethical controls and privacy requirements, I see this technology more as a benefit than a threat. It is another tool in the police toolbox for fighting crime. Does the Minister envisage its application in order to deal with the more than 300,000 people in this country who went missing last year, who were predominantly children? Speed is of the essence in locating them for their own safety.

[Kit Malthouse]

My hon. Friend highlights an extremely important opportunity for us. As he quite rightly points out, many, many people go missing every year. Some people want to disappear for various reasons, but, often, young people do not want to do so. Where it is proportionate, necessary and in line with the code, the identification of missing vulnerable people, particularly young people, would certainly be an incredibly good use of the technology.

[Darren Jones (Bristol North West) (Lab)]

I welcome you to your place, Madam Deputy Speaker. I have not yet had the chance to congratulate you on your new role.

In the previous Parliament, the Science and Technology Committee looked at this issue as part of the biometrics and forensics strategy review. All of the key stakeholders recognised that a biometrics strategy that was not fit for purpose and not of the quality required to provide a regulatory framework for facial recognition technology was at the root of the issue. Can the Minister confirm whether that strategy has been updated since last April?

[Kit Malthouse]

The hon. Gentleman is quite right to raise concerns about the framework, and I will have to get back to him on whether the strategy has been updated. I do not think that it has, but I will check and make sure. He will be pleased to know that, at the recent general election, the Conservative party manifesto did contain a commitment that, while we wanted the police to use the ever-increasing capabilities that technology was presenting to them, we wanted them to do so within a strict legal framework. We will be giving consideration over the months to come about what form that will take.

[Robert Halfon (Harlow) (Con)]

Does my hon. Friend not agree that liberty also means freedom from crime and antisocial behaviour? That is why I strongly welcome these measures. Will he expand on how the technology will deal with antisocial behaviour and drug running, on which he has touched before, as we face those problems in my constituency of Harlow?

[Kit Malthouse]

At the moment, this technology is being deployed only by the South Wales police and the Metropolitan police. However, as I explained earlier, where the police do have a wanted, serious and violent criminal who they believe may be moving around in a particular location, they will deploy this camera and a wanted list and, hopefully, identify that individual. For areas that surround London, which often suffer from the movement of violent criminals mainly to deal in drugs, their identification as they move through particular areas and therefore their apprehension will no doubt pay benefits to many towns such as his and, indeed, such as the one in my constituency that exist around the capital.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Like all artificial intelligence, and unlike the spotter in a football crowd that the Minister cites, facial recognition technology automates the prejudices of those who design it and the limitations of the data on which it has trained. If it is not diverse by design, it will be unequal by outcome, so what minimum standards is he placing on this technology before it is rolled out?

[Kit Malthouse]

The hon. Lady is quite right to raise what has been a concern in the media, but none of the evidence from the trials thus far—[Interruption.] Okay, the concern has been elsewhere as well. However, none of the evidence in trials thus far is pointing to that disproportionality. One of the key things that the Met will be doing, however, is that, after every deployment—[Interruption.] Madam Deputy Speaker, I am trying to answer the hon. Lady’s question, but she is still barracking me from a seated position. I would like, if possible, to explain it. I understand that it is a very sensitive issue, but we are, nevertheless, dealing with very serious crime and this may help the police in apprehending those people. Frankly, if the police were seeking to apprehend the killer of my child, I would want them to consider using this technology. We owe it to people to make the police as effective as possible. However, the Metropolitan police will be publishing the results of every deployment on their website. The democratic scrutiny will be exposed through the London Assembly and, indeed, I am sure, through this place. As the technology is rolled out and we consider what changes may be needed to the legal framework so that it operates in a position of confidence with the public, no doubt Members here will have their say.

[Alex Chalk (Cheltenham) (Con)]

Policing sporting events such as the Cheltenham festival, which will soon be upon us, presents unique challenges for the police. How does the Minister see this technology, once appropriately considered and reviewed, acting to assist the police to ensure that those who might wish to do harm to large numbers of people can be properly apprehended?

[Kit Malthouse]

My hon. Friend, in his usual way, raises an extremely important point. It is worth reiterating that there is no intention of our having random surveillance using live facial recognition. The deployment of a camera will be against a known wanted list and against intelligence that an individual is likely to be in a particular location and is either wanted or is intent on harm and causing a crime or, indeed, perpetrating some sort of awful event in a large crowd. This is a tool we would be foolish to neglect, given its potential, but we in this House have a duty to set a framework that strikes a balance between protecting our invaluable civil liberties and keeping the public safe.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers so far. Does he agree that although personal privacy is a right, anything that is used in the correct manner to prevent crime and apprehend those who have committed a crime must be considered and utilised where appropriate?

[Kit Malthouse]

I do. It is worth repeating what I said at the beginning about how the system works. If an individual passes in front of a camera and there is no match, the information that that individual is there is instantly deleted; if there is a match, the information will be retained for 31 days and then deleted; and even if there is a match, it is for the police officer on the scene at the time to decide, on viewing the evidence, whether to stop the individual. We will see how this goes over the next few months and years, but we hope and believe it will be of enormous benefit in fighting crime.

[Mr John Whittingdale (Maldon) (Con)]

Does my hon. Friend not accept the view of the surveillance camera commissioner, who has said that the guidelines are insufficient at present and there is no transparency? Do the Government plan to update the guidelines to take account of developments in technology?

[Kit Malthouse]

I am grateful to my right hon. Friend for his question, which points to the heart of the matter. As he knows, there is a facial recognition and biometrics board, which is soon to have a new chair. As part of that renewal of leadership, we will review the board’s terms of reference and its mission, especially in the light of technological developments. What emanates from that, and whether it is a change in the terms of the code, we will have to wait and see, but as I said at the start, I am very aware of the duty we have in this House to strike the right balance between security and liberty.

[Daniel Zeichner (Cambridge) (Lab)]

The approach of trying it out and seeing how it goes is exactly the wrong way to maintain public trust. Many of my constituents use King’s Cross railway station, and last year they discovered that they were, in effect, being spied on. The legal framework is not in place. When even the head of Google is saying we should move more slowly, because we need to keep the public with us, is it not right that we follow the example of the European Union and put it on pause while we work out the right way to proceed?

[Kit Malthouse]

No, it is not right. The hon. Gentleman is incorrect to say that there is no legal framework, and in saying that he disagrees with the High Court, which only last year certified in a case that there was and therefore the police could roll it out. The Information Commissioner looked at this and issued a report, and the Met has adopted many of recommendations of that report. Like every development in crime fighting, the technology is not static; we have to be agile and sensitive to its use. For example, the past 100 years have seen enormous developments in fingerprint technology—in detection and retrieval and in the identification of individuals using fingerprints. We keep fingerprints in a way that we do not keep facial recognition information, and there are good reasons for that, but these things should be kept under review at all times, and that is what we intend to do with LFR.

[Vicky Ford (Chelmsford) (Con)]

Whether it is county lines gangs or cyber-fraudsters, we know that criminals are using technology to spread crime. People expect us to ensure that our police can use the best technology to tackle crime. Will the Government work with expert organisations such as the Ada Lovelace Institute on ensuring that we develop world-class ethics governing how best to use technology to tackle crime?

[Kit Malthouse]

Of course we want to maintain public confidence in the use of the technology, and that means that we have to be as transparent as possible about both its deployment and the results obtained from it, but we must get this in proportion. Those who believe that the technology should not be used at all must ask themselves why we publicise the faces of wanted criminals on programmes such as “Crimewatch”, and use the wisdom of crowds to identify criminals as quickly as possible. There are circumstances where the police have a duty to try to find people quickly, effectively and efficiently, and this will help them to do that.

[Geraint Davies (Swansea West) (Lab/Co-op)]

We are aware that facial recognition is used in Xinjiang in China for mass oppression through mass surveillance. People who oppose war or the climate crisis are concerned that their assembly will be systematically recorded and used, or misused, against them—that liberty will be oppressed in the name of security. What assurances can the Minister give to people who want legally to participate in such assemblies that we will not go down the road of mass surveillance and oppression under a new, more authoritarian regime?

[Kit Malthouse]

As I understand it, the use of this technology in such circumstances would be illegal, and we are the guardians of what is legal in this country.

[Dr Julian Lewis (New Forest East) (Con)]

In the age of smartphones, automated number recognition and especially CCTV, is it not already virtually impossible to preserve one’s privacy when one is out in public? As it is only a matter of time before CCTV becomes pin-sharp, is it not inevitable that this technology cannot be stopped, because we are already going to be recorded on systems that will provide exactly the same technique for identifying people for whom the authorities are rightly searching?

[Kit Malthouse]

It is definitely the case that in a world where identification technology of all types is accelerating, one of the challenges we face is the preservation of our privacy, and there have been many debates in this House and in the public realm about how we do that. We believe that we have a good, strong and transparent framework in which data can be gathered legally but then kept private, and through which individuals can seek their own privacy by way of the deletion or amendment of data. As I said earlier, we are the guardians of the system. This House is the crucible in which the decisions are made, so we must look sharp about it and not assume that these technological developments are outwith our control.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

Congratulations on your election to the Chair, Madam Deputy Speaker.

Has the Minister seen the concerns raised by the think-tank Future Advocacy that the deployment of this technology may infringe upon the rights of Muslim women who wear the niqab, and wider concerns about technology being less accurate, particularly with women and ethnic minorities?

[Kit Malthouse]

I understand that that specific issue has been raised with the Metropolitan police, and they have made it clear that nobody will be required to remove their niqab or other facial coverings. It is worth remembering what the police are seeking to do with this deployment. They are looking for wanted criminals, suspects in crimes, and possibly missing persons. When the system makes a match, it is then for a human being to decide whether intervention is proportionate or not. It is not a kind of conveyor belt. Human judgment is still required, as it will always be in sensitive and proportionate policing.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

There are clearly data privacy and human rights issues bound up with facial recognition technology, which I admit will be very useful for solving crimes. However, technology moves on quickly, and it is my understanding that bodily recognition is already being developed, in which faces will not actually count as the cameras will look at people’s movement. Are we not just behind the curve on all this? As a Parliament, should we not be looking to put in place a framework that will envelop all the new technologies as they move on, rather than being one step behind? I think we should be doing a little bit more, proactively.

[Kit Malthouse]

My hon. Friend raises an extremely important and useful point. He is quite right that the acceleration of technology needs to be embraced by the House in a way that perhaps it has not been in the past. Both he and I stood on a manifesto that contained a commitment to the enabling of technology in a strict and controlled legal framework, and we will be thinking about that over the next few months. Some years ago, I came across a company that was working on online financial security. It had a system that identified someone not only from their password when they entered it, but from the way in which that person typed their password, because apparently the way we type is very characteristic. Those are the sorts of technologies we can deploy to great effect, but with democratic control.

[Neil O’Brien (Harborough) (Con)]

This technology is potentially a very powerful tool to fight crime, including serious crimes like knife crime where deprived and minority ethnic communities are, sadly, disproportionately likely to be the victims. It could also help to clear up cases like the awful recent murder and aggravated burglary in my constituency. However, will the Minister reassure the House that we will use this powerful new technology only in a proportionate way?

--- Later in debate ---

[Kit Malthouse]

I can absolutely give that assurance. The police, who are of course operationally independent and have devised the system themselves, have reassured me that there is, first, no mass retention of movement data. As I say, if there is no match on the system someone’s presence in the area is instantly deleted, and any other data is deleted after 31 days unless evidential requirements are taken forward. There is no intention that we should use this other than for the apprehension of the most serious and violent criminals which, as my hon. Friend says, will pay benefits across the country.

[Richard Fuller (North East Bedfordshire) (Con)]

rose—

[Richard Fuller]

The usual prize—thank you, Madam Deputy Speaker.

The hon. Member for Newcastle upon Tyne Central (Chi Onwurah) made an important point. The embedding of bias in technology is a major issue that will worsen with the early widespread adoption of artificial intelligence. The Government will inherit these biases as a user of these technologies, so will my hon. Friend, noting that the American studies show that the disproportionality of false recognition for ethnic minority women was between 10 and 100 times that for Caucasians, look seriously at how those technologies are improving as he progresses the adoption of this technology?

[Kit Malthouse]

Of course I will. I recognise the possible controversy that my hon. Friend points to. As I say, in the trials and deployments thus far there is no evidence of bias either way that we can see, but in a world where technology is to come under democratic control, we all have a duty to watch for these unintended consequences and correct them when they occur—and he has my undertaking that we will do exactly that.

UK-US Extradition Agreement

Kit Malthouse Excerpts

Thursday 23rd January 2020 Commons Chamber

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

May I start by congratulating my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on securing this debate? He has long been a sentinel on the watchtower of our liberties, and we are all the safer for having him in his place.

I am sure my right hon. Friend agrees with me that extradition is an important tool in fighting crime, and it is crucial that our arrangements work well. It is vital that we strike the correct balance between effectively bringing offenders to justice and seeking redress for the victims of crime, while protecting the fundamental rights of those who have sought extradition.

My right hon. Friend has expressed his interest in the case of Mr Michael Lynch. It is well known that Mr Lynch is involved in civil proceedings in the UK’s courts, so everybody has a duty, as he said, to be mindful of the effect their statements could have on such proceedings.

On the subject of extradition, I am afraid that, in line with the Government’s long-standing policy and practice, I am unable to confirm or deny the existence of an extradition request. As with any case, if Mr Lynch were arrested for extradition, proceedings would be dealt with in accordance with due process and the relevant provisions of UK law.

I should also refer to the case of Anne Sacoolas, which my right hon. Friend mentioned. Harry Dunn’s death was a terrible tragedy, and we have every sympathy with his family. We are doing everything we can to ensure that justice is done in this case. The request for Anne Sacoolas’s extradition has been sent to the United States. The State Department is considering whether to take it forward, in accordance with its normal procedures. We are continuing to make representations at the highest level. In fact, the Prime Minister raised the case with Secretary of State Pompeo at the weekend.

As in every case, it is important that we follow due process and act appropriately. We must be aware that actions and statements by the UK Government, and indeed in this place, could have the effect of prejudicing a future case, giving Mrs Sacoolas grounds to argue that it was not possible for her to receive a fair trial in the UK and so avoid extradition.

Let me turn now to the general subject and title of the debate—our extradition treaty with the United States. When the coalition Government came to office in 2010, there were long-standing and deeply held concerns regarding the UK’s extradition treaty with the United States. That was why an independent review was initiated to examine those and other extradition issues. The review was chaired by Sir Scott Baker, a former Lord Justice of Appeal.

The independent panel undertook an extensive examination of the issues and carefully examined evidence from a range of parties representing all shades of opinion on the subject. Importantly, and contrary to suggestions by some, the panel also carefully assessed representations from those who had experienced extradition at first hand and the evidence of their families.

The report of the review concluded that, although there is a perception that the evidence tests used by the US and UK—probable cause and reasonable suspicion, respectively—are unbalanced, there is no significant difference between those two tests in practice. A second independent review in 2015, run by a Select Committee in the other place, came to the same conclusions. The Government accept those conclusions, and they are the basis of our policy position.

The treaty continues to produce tangible results, bringing justice to victims in both the UK and US. Since 2016, the UK has sought and procured the extradition of 10 people from the United States. Among them were individuals accused or convicted of murder, manslaughter, sexual offences against children, rape and money laundering. Since the treaty came into force, the United States has never refused to extradite somebody sought by the UK.

Of course, the treaty also provides for extradition from the UK to the United States. Individuals accused and convicted of equally serious offences have been surrendered to the US under the treaty—individuals who would otherwise be free to wander the UK’s streets at liberty. Yet the treaty is also implemented in such a way that the UK’s courts are fully capable, should they see fit, to bar extradition where it would not be appropriate. As hon. Members are fully aware, the treaty does not guarantee that every person sought by the US will be extradited. Our courts are, rightly, active in ensuring that the interests of justice are defended, and have exercised their powers to bar extradition where they have found it right to do so. We are committed to continuing and maintaining our excellent level of co-operation with the United States in the ongoing fight against transnational crime. The treaty is a core part of that co-operation.

In closing, I would like once again to pass my thanks to my right hon. Friend for having secured time for these important discussions. I know he has met the Home Secretary to raise his concerns, both general and specific. As I say, we welcome his constant attention to our liberties—something to which we must all pay due care.

Question put and agreed to.

College of Policing: Annual Report and Accounts

Kit Malthouse Excerpts

Thursday 23rd January 2020 Written Statements

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

I am today publishing the 2018-19 annual report and accounts for the College of Policing Ltd (HC 48). This will be laid before the House and published on www.gov.uk. The report will also be available in the Vote Office.

[HCWS54]

Police Funding 2020-21

Kit Malthouse Excerpts

Wednesday 22nd January 2020 Written Statements

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

My right hon. Friend the Home Secretary has today laid before the House the Police Grant Report (England and Wales) 2020-21 (HC 51) for the approval of the House. The report sets out my right hon. Friend the Home Secretary’s determination for 2020-21 of the aggregate amount of grants that she proposes to pay under section 46(2) of the Police Act 1996. Copies of the report will be available in the Vote Office.

Today this Government have laid in Parliament the police funding settlement, which sets out the biggest increase in funding to forces since 2010. This includes £700 million for the recruitment of 6,000 additional officers by the end of March 2021, which represents an almost 10% increase on the core grant provided to forces last year. Assuming full take up of council tax precept flexibility, overall funding to Police and Crime Commissioners (PCCs) will increase by £915 million to £13.1 billion next year. This would represent a total funding increase of up to 7.5%.

This people’s Government are determined to strengthen our police service and tackle the unacceptable levels of crime, particularly violent crime, across our country. This Government will deliver on their commitment to recruit 20,000 additional officers over the next three years to protect the public and keep our families, communities and our country safe. We have already invested in this uplift programme, providing £45 million of additional funding in 2019-20 to ensure the programme gets off the ground. The 2020-21 funding settlement gives the police the investment they need to deliver on that promise. Taking all funding from the Government and PCCs’ precept raising power into account, up to an extra £1.1 billion will be available for investment in the policing system in 2020-21. This would represent an increase of 8% funding on top of 2019-20 levels and is the single biggest increase in Government investment in policing for some time.

The Chancellor confirmed in his September 2019 statement to the House on the 2020-21 spending round that Government funding to policing will increase by £750 million next year. £700 million of this money will go directly to PCCs in England and Wales in order to support the recruitment of the first wave of up to 6,000 additional officers by the end of March 2021. These extra officers will be in addition to those leaving the service annually, and represents the biggest recruitment drive in decades. Over 75% (£532 million) of this funding will be paid to PCCs directly through core grant funding. To manage the uplift, and to ensure best possible use of this unprecedented investment, the Government are creating a ringfenced grant for the remainder of the funding (£168 million). Forces will be allocated a portion of this £168 million in line with their funding formula allocation, and will be able to access this as they progress against their recruitment targets.

This settlement also contains details of other areas of Government funding, including Legacy Council Tax Grants, National and International Capital City Grants, Welsh Top-Up Grant and Precept Grant.

We also propose enabling PCCs to raise further funding through precept flexibility, subject to confirmation at the final Local Government Finance Settlement. We propose to empower PCCs to increase their Band D precept by up to £10 in 2020-21 without the need to call for a local referendum, the equivalent of less than 20 pence per week. If all PCCs decide to maximise their flexibility, this would result in up to an additional £248 million of funding for local policing next year. It is for locally accountable PCCs to take decisions on local precept and explain to their electorate how this additional investment will help deliver a better police service.

In this settlement the Government will also allocate £153 million to cover additional pension costs. This amount is held flat compared to 2019-20 figures and will be reconsidered at the next spending review. This will ensure that the additional funding forces are receiving will be spent on recruiting additional officers, rather than covering existing costs.

As announced earlier this week, funding for counter-terrorism policing will total £906 million in 2020-21. This is a significant additional investment in the vital work of counter-terrorism police officers across the country. PCCs will be notified separately of force-level allocations, which will not be made public for security reasons.

National priorities

This Government will also continue to support PCCs and forces through investment in national policing priorities. This settlement will increase spending on national (resource) policing priorities by £91.7 million (staying flat as a percentage of overall police funding), which will benefit all forces across England and Wales. This increase is in line with the total increase in the overall settlement and includes £50 million to ensure delivery of the police uplift programme.

From this increased funding for national policing priorities the Government have prioritised £150 million of funding for serious and organised crime in 2020-21, for new capabilities to tackle illicit finance, keeping the public safe and protecting vulnerable people. Organised criminals have been quick to adapt and make use of emerging technology, exploiting the vulnerable and threatening the fabric of our society by fuelling crime and violence.

We will tackle this threat by ensuring law enforcement have the resources they need. We will strengthen the National Crime Agency (NCA) through funding investigative tools needed to keep pace with the rate of technological change and globalisation of criminal networks. We will invest in tackling county lines drug dealing, fraud and cyber-crime and continue our investment in bearing down on online child sexual exploitation and abuse. To achieve this, funding will be allocated to local police forces, as well as the NCA and regional organised crime units to drive transformational change in our law enforcement response.

In 2020-21, £119 million will be spent on reducing serious violent crime. This includes dedicated funds to target county lines and funding for violence reduction Units which form a key component of our action to tackle the root causes of violence. This targeted money, combined with the overall increase to police force funding, represents a significant investment in the police’s capabilities to drive down violent crime.

The Government are also committed to tackling neighbourhood crime. We will allocate £10 million, alongside a £15 million contribution from the Chancellor, to bring the Safer Streets fund to the £25 million total pledged last year. The fund will support areas in England and Wales that are persistently and disproportionately affected by acquisitive crimes such as burglary and theft to invest in well evidenced prevention initiatives such as home security and street lighting.

This Government will continue to support the completion of national transformation programmes delivering enhanced capabilities across policing. We will bring the Police Transformation fund to a close and invest £60 million of funding next year for a programme of work to support the Government’s priorities of increased digitisation in policing. This will include: further development of a national data analytics capability to support preventative policing interventions; delivery to forces of the Single Online Home policing website to provide more effective engagement with the public; providing productivity tools supporting collaboration and cyber-security to protect forces; support improvements to how fingerprint and digital forensics are used, helping forces to deliver a fully accredited, more integrated and sustainable service; and an uplift to forensics, including digital forensics, to build capability across policing and for new officers.

We will support the police to make use of the latest technologies, such as biometrics and analytics. This needs to be on the basis of good evidence and the best understanding of science. For that reason I am pleased to announce that there will be funding made available for a Police Chief Scientific Adviser and dedicated funding for investment in science, technology and research. We will work closely with the National Police Chiefs Council to develop this role.

I will also establish and chair an ambitious Strategic Change and Investment Board (SCIB), which will form part of the sub-governance of the National Policing Board. The board will replace the Police Reform and Transformation Board and will co-ordinate, prioritise and drive investment across the policing system and have greater sight on a range of allocations to meet Government priorities around crime prevention and reduction. The SCIB will also oversee the investment in major technology programmes upgrading critical infra- structure, such as replacing the Airwave communications system with the 4G Emergency Services Network. Funding will also be allocated for the development of the Law Enforcement Data Service, which will deliver an integrated service to provide intelligence to law enforcement and its partners and replace the existing Police National Computer and Police National Database.

Capital funding

Furthermore, this settlement will see funding for capital grant expenditure rebalanced, with £63.7 million to be spent on national priorities and infrastructure. This will allow the Government to provide further support, for example, to police technology programmes, the College of Policing and Serious Organised Crime programmes. PCCs will continue to receive a capital grant worth £12.3 million in 2020-21. With the increase in other grants to PCCs, which can be utilised to cover both capital and non-capital spend, PCCs will see more funding overall with greater flexibility over how they use it.

Outcomes, efficiency and reform

I have set out how an additional £1.1 billion will be invested in our policing system next year. It is only right that in return the Government hold the police to account on delivering for the public. We will expect the police to achieve measurable improvements across a range of outcomes with the National Policing Board, chaired by the Home Secretary, holding the sector to account for delivering these improvements

This Government are also clear that the police, and all other public services, must continue to focus on improving efficiency and productivity to demonstrate to the taxpaying public they serve that they are getting the most out of this increased funding, and delivering the planned uplift in officer numbers. There are a number of expectations set out as part of this settlement.

The Government have committed £750 million to enable the recruitment of 6,000 additional officers. To manage the delivery of this uplift, we are ringfencing £168 million which will be paid to forces in line with their progress in recruiting the 6,000 additional officers by March 2021, and making the relevant infrastructure improvements needed to recruit the 20,000 additional officers by March 2023. Funding will be released quarterly and in arrears subject to evidence on their progress.

On behalf of the taxpayer, the Government will expect to see continued efficiency savings in 2020-21. Policing are on track to deliver £30 million of cashable savings from procurement in 2019-20, on top of the £40 million delivered in 2018-19. Through continued collaborative procurement policing will deliver another £30 million of cashable savings in 2020-21. Having delivered last year’s condition to continue developing a new model for police procurement, policing have agreed the business case for BlueLight Commercial, a new national model for police procurement and commercial functions. BlueLight Commercial will embed and enhance future collaborative procurement, making best use of policing’s buying power, increasing standardisation and improving value for money. BlueLight Commercial will apply strategic procurement approaches to areas such as vehicles, estates and equipment including uniform, to deliver annual savings of £20 million in commercial efficiencies once it has been fully established, which can be reinvested in the frontline. It will also develop an approach to reduce cost variation in back-office services such as payroll. The Home Office will work with HM Treasury to develop a plan for further efficiency savings in future years.

Forces must continue to drive productivity through digital, data and technology solutions, including mobile working. Forces should make best use of the products developed by the national police-led Frontline National mobility programme in 2019-20. This will ensure the benefits of mobile working are maximised including through a new benefits tracking tool, increased use of guidelines, sharing of best practice and innovation and collaborative procurement. This means that all forces will be able to fully exploit mobile technology and that benefits can be rigorously tracked and driven, to improve the tools police officers have to be able to tackle crime wherever they are. Forces like Avon and Somerset are driving a digitally enabled culture, driving up usage of mobile digital working by withdrawing paper-based forms. South Yorkshire are using mobile devices to capture and access data in real time, allowing them to check the identity of potential suspects more quickly and capturing evidence to help secure convictions.

We also expect forces to work with us to develop an approach to drive best value from the millions of pounds spent on police technology, by building on existing engagement with regard to both sector-led and Home Office programmes such as the APCC and NPCC’s Digital, Data and Technology Strategy (launched earlier this week), of which the Home Office will continue to support delivery and drive forward. The strategy’s emphasis on convergence, stripping out duplication, consolidating applications, decommissioning non-essential infrastructure and moving to more interoperable solutions is crucial to achieve the best value for the taxpayer from technology investment. The Home Office will work with the police service to develop a detailed implementation plan and support early activities during 2020-21. Existing police-led programmes are already increasing effectiveness and improving service delivery through, for example, supporting forces to adopt cloud based productivity tools, the use of data analytics to support crime fighting and driving efficiency savings in the replacement of legacy IT systems, and building the Single Online Platform that already provides a digital policing front counter to 56% of the population in England and Wales. Investment in these systems will be driven and managed by a Ministerial chaired Strategic Change and Investment Board, which will monitor the development of new capabilities by law enforcement and ensure they are built in the most efficient and effective way possible.

We will be engaging police leaders to discuss how these improvements will be delivered and continue working together on our ambitious longer-term plans for the next spending review period.

This people’s Government have clearly set out their commitment to backing our police service, putting 20,000 extra police officers on the streets, and putting violent criminals behind bars for longer. We continue to pay tribute to our police forces and police staff around the country for their exceptional bravery, dedication and hard work. We are determined to give the service the resources it needs to crack down on crime, deal robustly with the criminals exploiting the vulnerable and to improve outcomes for the victims of crime.

I have set out in a separate document, the tables illustrating how we propose to allocate the police funding settlement between the different funding streams and between Police and Crime Commissioners for 2020-21. These documents are intended to be read together.

It can also be viewed online at:

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2020-01-22/HCWS51.

[HCWS51]

Retail Crime Prevention

Kit Malthouse Excerpts

Tuesday 5th November 2019 Westminster Hall

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

It is a great pleasure to serve under your chairmanship, Mr Betts, albeit in a different forum from the last one we met in. I congratulate the right hon. Member for Delyn (David Hanson) on securing the debate about a matter that he has worked on for some time. He worked closely with my predecessor, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), now the Minister for Safeguarding and Vulnerability, who took the matter seriously. I listened carefully to the contributions of all hon. Members and I will try to address some specific points that were raised.

As I hope hon. Members realise, the Government recognise the significant impact that retail crime has not only on businesses and those who work for them but on shoppers, consumers and the wider community, as we have heard from several hon. Members. That is why we co-chair the national retail crime steering group to bring together the Government, trade organisations and enforcement partners to ensure that the response to crimes affecting the retail sector is as robust as possible. We have seen the benefits that that group can achieve in its recent response to the issue of violence and abuse towards shop workers, which was overseen by my hon. Friend the Minister for Safeguarding and Vulnerability, but we know there is more to do.

The right hon. Member for Delyn raised the issue of violence and abuse toward shop staff. I pay tribute to his work on raising awareness of the issue. I am aware of his discussions with Home Office Ministers on the topic during the passage of the Offensive Weapons Act 2019 in the last parliamentary Session, to which he referred. Violence and abuse remains the biggest concern for retailers and we are determined to tackle it.

Every day, we ask shop workers to deal with whatever comes through their door, whether that involves enforcing an age restriction on certain products or confronting shoplifters. Like anyone else, shop workers have the right to feel safe at work without fear of violence or intimidation. That is why, on 5 April, we launched a call for evidence to inform our response—I thank the right hon. Gentleman for his submission. We sought information on four key areas: prevalence and data, prevention and support, enforcement and the criminal justice system, and best practice.

As was mentioned, the call for evidence closed recently. We received more than 800 responses, including many first-hand accounts from shop staff. Although Home Office officials have completed an initial analysis, we have not yet published our response. That will disappoint hon. Members who referred to it, but we want to ensure that the detailed responses received are subject to a thorough and accurate analysis. Given that Parliament is about to be dissolved, I will take the opportunity to share our initial findings with hon. Members and to reassure them that we are engaging with key organisations to consider the next steps.

An initial analysis of the responses shows a widespread belief that violence and abuse towards shop staff has increased in recent years. The most common reason given was in the context of challenging individuals committing shop theft. Many respondents felt that a lack of a suitable response from the police resulted in offenders not fearing repercussions. Many felt unsupported by their organisation’s policies and management when dealing with verbally abusive customers. A significant number of respondents stated that they felt that incidents were becoming more violent and that they had experienced threats from individuals with knives, needles or other sharp objects.

That is obviously unacceptable. Nobody should be subjected to such violent attacks, especially in the workplace, and I reassure hon. Members that we are keen to take action in those areas, and in some cases, we already are.

[David Hanson]

Before the Minister moves on, is it his gut instinct that, if he were returned, as opposed to my hon. Friend the Member for Swansea East (Carolyn Harris), he would legislate for a stronger legislative solution to the offence?

[Kit Malthouse]

I will come on to that. I am not wholly convinced that we are without the tools that we need to deal with the issue, but we might need to address whether we are using them correctly.

On serious violence, we published the serious violence strategy, which has a particular focus on early intervention, in April 2018, so there has been action in that area. We allocated £22 million to the early intervention youth fund and, in the long term, £200 million to the youth endowment fund to ensure that those most at risk are given the opportunity to turn away from violence and to lead more positive lives. We launched a public consultation on a new multi-agency public health approach to tackling serious violence, following which we announced that we would introduce a new legal duty on statutory agencies to plan and collaborate to prevent and reduce serious violence. We gave the police extra powers to tackle knife crime through the Offensive Weapons Act, including new knife crime prevention orders.

Those wider measures will help, but we recognise the importance of focusing our efforts on measures that are specifically targeted on tackling retail crime. This year, the Home Office provided £60,000 for a targeted communication campaign, led by the Association of Convenience Stores, to raise awareness of the existing legislation to protect shop workers. We published guidance on gov.uk about the use of the impact statement for business, which provides victims with the opportunity to tell the courts about the impact that a crime has had on their businesses. We also worked with the police to develop guidance for staff and retailers to use when reporting emergency and violent incidents.

The right hon. Member for Delyn and other hon. Members have asked the Government to consider introducing a new offence of attacks on shop staff, or to increase the severity of existing offences. I hope that he is aware from previous discussions that powers are already available to the police and the Crown Prosecution Service to deal with that type of offending and to provide protection to retail staff.

There are a number of assault offences and corresponding differences in maximum penalties. At the higher end of the scale, causing grievous bodily harm with intent and wounding with intent carry maximum penalties of life imprisonment. The sentencing guidelines on assault include an aggravating factor of

“offences committed against those working in the public sector or providing a service to the public”,

which should be taken into account by the courts when deciding what sentence to impose and may be applied to retail staff conducting their duties. In addition, the Sentencing Council is reviewing its guidelines on assault. A consultation on the revised guidelines is anticipated in 2020. I advise hon. Members to respond to that consultation with a specific focus on assaults on retail workers.

Let me turn to some of the specific points raised. Several hon. Members called for me to publish the review of the call for evidence as quickly as possible. The fact that we are going into an election will make that quite difficult, but I give my undertaking that, as soon as we come back, if I am in the job, we will try to get it out as quickly as possible. Obviously, the five-week election campaign gives officials a bit of an easier time, so they can digest the responses and get it out as soon as they can.

The hon. Member for Stretford and Urmston (Kate Green) raised the issue of facial recognition technology. Obviously, we are supporting the police as they trial the use of new technology across the country. It has become clear that facial recognition technology has significant crime-fighting possibilities. A recent court case established that there is a sufficient legal framework for its use and operation in this country, but as its use is expanded, possibly by police forces, in the months and years to come, I have no doubt that it will have to come to the House for some sort of democratic examination at some point. Thus far, however, where it is being deployed, we are seeing significant benefits from it.

[Kate Green]

I am pleased that the Minister believes that there will need to be a full debate about facial recognition technology in the House. He will be aware of concerns about personal privacy and the possibility that it is, in some respects, discriminatory against certain groups. If he and his party are returned to government, will he commit to ensuring that the House has an opportunity to have that full debate?

[Kit Malthouse]

There has already been a debate in the House on the use of facial recognition technology, and it is obviously within the purview of Members and Select Committees and others to examine the issue. It has just been through the courts—South Wales Police has been challenged on its use of facial recognition technology, and the courts found the current framework satisfactory. I have no doubt that when we get back from this election there will be an urge for the issue to be debated in the House, given the enormous success that is being seen with facial recognition technology.

The right hon. Member for Delyn raised the issue of local police plans, suggesting that we put pressure on police and crime commissioners to include retail crime in their plans. If this was a pressing issue in the high street, one would hope that the police and crime commissioner would commit to having it in their plan anyway. However, we have created a new National Policing Board, which is looking at systemic issues across the country that should be addressed by the whole policing family in a concerted effort, and one area we are looking at is neighbourhood crime. What we put into that basket has yet to be fully agreed, and I will certainly consider putting retail crime in there.

I am very alive to the connection between drugs and alcohol misuse and the impact on shops and retail crime. First, on alcohol, I hope Members will have noticed that we are planning to roll out alcohol abstinence monitoring orders across the whole country. From memory, we have been given about £22 million to do that. The orders have been very successfully used in Croydon and in a pilot in Yorkshire, Lincolnshire and Humberside recently. They are for low-level offending and those convicted of a crime where alcohol was the compelling factor in its commission. Compliance rates with that disposal are up at 93% or 94%, and there is enormous potential there.

With drugs, we have been given some money to start to combat the awful scourge of county lines, which is causing mayhem in many small towns across the country, not least in my constituency. I hope that when we return after the election we will see even more assertive action on that.

There is more that we can do on treatment and rehabilitation for those who fall into drug addiction. We must look imaginatively at schemes around the world that can be used to divert from offending those who have been convicted of a drug offence and are out in the community on probation. I point Members to a very interesting programme in Hawaii called the HOPE programme—Hawaii’s opportunity probation with enforcement—which I would be very keen to try to establish in this country as a way to deal with people who are low-level offenders because of a drug addiction. That could be managed in a much better way than I think we are managing it at the moment.

A number of Members mentioned the £200 threshold. I hope they are aware that police can still prosecute somebody who steals something worth less than £200.

[Martin Vickers (Cleethorpes) (Con)]

I met Chief Constable Lee Freeman of Humberside Police and raised the £200 threshold. As other Members have pointed out, it causes great concern, particularly to small shopkeepers. He pointed out that the police are flexible in how they interpret the guidance in Humberside. Will the Minister make sure that other forces up and down the country treat the matter in a much more serious way? It is very serious for small shopkeepers. The flexibility that Humberside is showing should be replicated elsewhere.

[Kit Malthouse]

That is exactly right. If a chief constable decrees that it is a problem in their area, it is perfectly possible for them to have a policy of prosecuting thefts of a value under £200. I am certainly willing to make sure that chiefs across the country are aware of that.

Given the depth of concern expressed this morning, if I am returned to this job after the election, I am happy to look at the data and see what it tells us about the operation of that policy, now that we are four or five years in. I do not think there is any problem with us reviewing that data internally and deciding whether the policy is working, and then promulgating some kind of best practice.

A number of challenges were made on the recruitment of 20,000 police officers. The right hon. Member for Delyn asked me when they would be recruited—recruitment has already started. A number of police forces are recruiting, not least because we have 3,000 police officers to recruit from last year’s budget settlement. With the allocations to all forces, we have already signalled what the recruitment targets should be over the next 15 months or so.

We expect the first 6,000 of the 20,000 to be recruited by the end of the financial year next year, 8,000 in the year after and the final 6,000 in the year after that. It will not be a straight progression, not least because police officers tend to retire at unpredictable times. When we add in retirees, we have to recruit somewhere between 45,000 and 50,000 police officers over the next three years, which will be a huge job. Nevertheless, we have been given £45 million in-year this year to start, and I hope we will be announcing the allocations of that money relatively soon.

Some forces are going for this in a big way straightaway. I know the Met police is recruiting between 300 and 400 police officers a month at the moment, which is all good news. However, I would just counter the direct connection that a number of Members make between levels of crime and numbers of police officers, because the connection is not just about inputs; it is also about what we are doing. I remind Members that, notwithstanding the fact that we have fewer police officers today, overall crime is 35% lower than it was 10 years ago. For example, police officer numbers were much higher in the ’80s and ’90s than in the ’50s and ’60s, yet crime was much higher too. Focus and priority is as important as the number of police officers.

[Dr Drew]

One of the problems in the retail sector now is that some shopkeepers are just giving up reporting the crime. The Government have to grasp the issue of serious under-reporting.

[Kit Malthouse]

I always say the same thing when people tell me about under-reporting, which is that we must urge everybody to report every possible crime, because modern policing is all about data. The police respond to numbers. If they see numbers, feel the numbers and see the pattern of behaviour, they will respond. It is a bit like that old philosophical aphorism: if a tree falls in a forest and no one is there to hear it, did it actually happen? If a crime is committed, particularly in a large rural constituency such as mine, and it is not reported, as far as the police know, it never happened. Data is absolutely key. I urge all shop owners to report every crime.

The right hon. Member for Delyn raised the impact of serious and organised crime. He is quite right that high-profile thefts by serious and organised crime need to be addressed, not least the demolition and stealing of cash machines, which we see in quite a lot of rural constituencies, including my own. As I hope the right hon. Gentleman knows, we are undertaking a serious and organised crime review over the next few weeks, which I hope will give us some strategy and point us to the future.

I am grateful to hon. Members for what has been an important debate. I hope that I have outlined some of the work that the Government have done, and will hopefully do more of in future, to make sure that everybody—shop workers and shoppers alike—will have fun and will exchange money for presents and gifts in the run-up to Christmas, safely and happily, now and in the years to come.

[Mr Clive Betts (in the Chair)]

I thank all Members for their co-operation in keeping to the time guidance. I call David Hanson to wind up.

Biometrics and Forensics Ethics Group: Annual Report

Kit Malthouse Excerpts

Monday 4th November 2019 Written Statements

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

My noble Friend the Minister of State, Home Office (Baroness Williams of Trafford) has today made the following written ministerial statement:

I am pleased to announce the publication of the first annual report of the Biometrics and Forensic Ethics Group. The group was established to meet the current needs for ethical review following the expansion of the National DNA Database Ethics Group remit and provides Ministers with independent advice on matters relating to data ethics and ethical issues in forensic science and biometrics.

I would like to thank the group for their strategic advice concerning the use of biometric identifiers and for their continued oversight of the work of the Forensic Information Databases Service Strategy Board. Technologies pertaining to forensics and biometrics are rapidly evolving and the recommendations from the group are more relevant than ever before, particularly with the expansion of the group’s remit this year to include ethical problems posed by analysis of large data sets.

The Biometrics and Forensics Ethics Group annual report can be viewed on the website of the group at https://www.gov.uk/government/organisations/biometrics-and-forensics-ethics-group and a copy will be placed in the Libraries of both Houses.

[HCWS79]

Oral Answers to Questions

Kit Malthouse Excerpts

Monday 28th October 2019 Commons Chamber

[Jessica Morden (Newport East) (Lab)]

2. What recent assessment her Department has made of the adequacy of the number of police officers in England and Wales.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

The Prime Minister has made it one of his chief priorities to strengthen police numbers over the next three years by 20,000, starting with 6,000 by the end of March 2021.

[Jessica Morden]

Gwent police’s budget has been cut by 40% in real terms since 2010, so the Government’s plans to recruit will only take us back to where we were in 2010, if that. What assurances have Ministers given Gwent police that this programme and, importantly, pension costs will be funded after the first year?

[Kit Malthouse]

I am happy to say that Gwent police are already up 42 police officers on last year’s budget settlement. A target of a further 62 has been allocated in the latest funding round. Announcements about police funding will be made as usual in early December, and I am confident that there will be smiles all round at Gwent police when we do that.

[Scott Mann (North Cornwall) (Con)]

17. The police and crime commissioner for Devon and Cornwall is over in Portcullis House today, demonstrating innovation in rural policing. It is fair to say that rural policing has not always had its fair share. I ask the Minister whether Cornwall and, more importantly, North Cornwall can have its fair share of the 20,000 officers to make sure that our policing can be brought up to speed.

[Kit Malthouse]

My hon. Friend is right to highlight that the excellent police and crime commissioner—I have met her several times now—for Cornwall is over in Portcullis House, demonstrating what a great job the police do in that part of the world. As I am sure my hon. Friend is aware, there has already been an initial allocation of police officers to his county force and there will be more news to come. We are in conversation with the policing community more widely about the allocation of police officers for years 2 and 3 of the uplift programme. Once that is concluded, I will let him know.

[Frank Field (Birkenhead) (Ind)]

At my weekend surgery, a constituent who had phoned the police time after time about neighbours from hell living above him said that he realised, at one moment of desperation, that he had a hammer in his hand. Had he used that hammer against those neighbours from hell, the police would have turned up—no doubt very quickly—and he would have been the object of their attention, not the neighbours from hell. When I meet the Minister tomorrow to discuss extra police for Birkenhead, will he give a commitment not only in terms of numbers but that the police should stand on the side of decent citizens, not on the side of neighbours from hell?

[Kit Malthouse]

The right hon. Gentleman is absolutely right about the police standing on the side of decent citizens. When I hear distress calls from across the country about people who are not getting the response that they require from the police, I refer everybody to the police and crime commissioner for that area, who is responsible for performance and priority in the police force in question. Happily, the right hon. Gentleman will know that 200 police officers have been allocated from the uplift to Merseyside police, as a target for it to recruit over the next 12 months or so, and there will be more to come when we settle years 2 and 3. Like him, I want to see more police officers patrolling in Birkenhead, particularly in Hamilton Square, which holds fond memories for me as a child.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Police officers are on the frontline of defeating terrorism. The Minister will join me and all others here in welcoming the news of the demise of Baghdadi, the leader of the evil, vile and barbaric organisation Daesh. My question to the Minister is this: military action alone will not defeat Daesh—in 2015, I led the campaign to get the terminology right—so what step will he take to ensure that further work goes on to defeat the idea, the ideology and the appeal, which suck in vulnerable individuals from around the world and here in the UK?

[Kit Malthouse]

I well remember my hon. Friend’s persistent questioning from the Back Benches of former Prime Ministers to get the terminology right about this mission. He is quite right that we all need to work together on a multi-stranded approach to prevent young people from being seduced into these evil ideologies and practices across the world, and the police are at the forefront of that. I hope and believe that some of the measures put in place to bind the police as closely as possible into society will assist in that mission.

[Louise Haigh (Sheffield, Heeley) (Lab)]

In July on the steps of Downing Street, and again in his heavily criticised speech in front of new police recruits in West Yorkshire, the Prime Minister promised 20,000 new police officers for the frontline, but a leaked Home Office letter suggests that as many as 7,000 of these will not be going to local forces. With the Budget now scrapped, it is anyone’s guess if and how these officers will be recruited, so will the Minister tell us: will every one of those 20,000 officers be going to the frontline, as promised by the Prime Minister—yes or no?

[Kit Malthouse]

The hon. Lady makes a good point about the allocation of police officers across the piece of policing, and I know that every single warranted police officer regards themselves as being on the frontline, whatever job they do. She will know that we have allocated the first 6,000 police officers to territorial policing, but there is a conversation to be had about further allocations, specifically to serious and organised crime, through the National Crime Agency, and to counter-terrorism policing, and about the balance between those and the territorial forces. I would not regard any one of those functions as non-frontline.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

3. What steps she is taking to tackle county lines drugs gangs.

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[David Morris (Morecambe and Lunesdale) (Con)]

23. What steps she is taking to tackle county lines drugs gangs.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

We are determined to end county lines and have announced a £20 million package of initial measures to do so. This will expand the national county lines co-ordination centre, help to target the transport network and go after the profits from this crime, and support young people to exit county lines.

[Andrew Jones]

North Yorkshire police have had recent success arresting six people in a county lines operation in Harrogate. Breaking the gangs that operate the county lines is obviously critical, but so is supporting the addicts, who are at the end of the line, and those exploited into dealing. Does my hon. Friend agree that it is through tackling both supply and demand that progress will be made in dealing with county lines?

[Kit Malthouse]

My hon. Friend is absolutely right. I gather that he was recently involved with his local constabulary in the apprehension of a drug dealer on East Parade in Harrogate—I am glad to see he is on the frontline too. He is right that we need a balanced approach to tackling the harm that drugs cause in our society. While that includes enforcement and disrupting the business model of those involved in promulgating this awful trade, we also have to provide support to young people to get them out of the habit, or even to prevent them from getting into the trade in the first place. Significant resources are being devoted to this, not least through the early intervention youth fund, which is putting hundreds of millions of pounds behind these kinds of projects.

[David Duguid]

The Home Office has a number of UK-wide initiatives to combat the range of problem drug use factors, including county lines—we might even refer to it as country lines, because it affects the whole United Kingdom, and there are people suffering from drug gangs coming as far into the north-east as Banff and Buchan. With the SNP’s stated policy of decriminalising possession and consumption of controlled drugs, what effect does the Minister think that such a differentiation in Scotland would have on these UK-wide efforts?

[Kit Malthouse]

My hon. Friend was present at the Scottish Affairs Committee when we discussed this matter in some detail, so he will know that my view is that having a different regime in Scotland from that in England and Wales could cause significant problems for Scotland, not least because it would become a target for those wishing to promote the trade more easily and running county lines from England into Scotland. There are times when we are four nations and times when we are one country, and on drugs we should be one.

[Henry Smith]

Sussex police were recently in receipt of a Home Office grant to tackle county lines drug offences. Will my hon. Friend update the House please?

[Kit Malthouse]

My hon. Friend is a doughty defender of Sussex police and a great supporter, I know, of the brilliant police and crime commissioner there, Katy Bourne, who is doing a fantastic job. He is right that Sussex police have been in the forefront of the fight against county lines and have received significant funding of £900,000 through the early intervention youth fund and £1.3 million to support police operations in the area. I am happy to say that in the latest week of intensification of action against county lines, which I hope he noted the other week, Sussex police made 29 arrests and safeguarded 50 vulnerable individuals.

[David Morris]

I am deeply concerned about the county lines gangs from Bradford and Liverpool which are bringing drugs into my constituency. How does my hon. Friend expect the £20 million funding package that has been announced to stop those gangs, and to support victims in Morecambe and Lunesdale?

[Kit Malthouse]

I too am concerned about the situation in Morecambe, not least because, like Birkenhead, it has happy memories for me of my childhood. I am keen to sit down and talk to my hon. Friend about what more we can do in Morecambe, not least because we are in conversation with Merseyside police about the action that we want to take on county lines. Obviously, many of the lines into Morecambe will be run from my home town. It is a town in a particular position, because there are limited points of access, over bridges and by road, which gives the police a significant opportunity to identify and apprehend criminals before they even get there.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Our July Select Committee report warned that county lines were spreading violence and drug networks into not just cities but towns. In Castleford, in my constituency, where I called a meeting with the police, local schools and community representatives, there is a real sense that the problem is getting worse in our towns, with residents reporting overt drug dealing on the streets and in town centres. People are concerned not just about the halving of our neighbourhood police, but about the fact that the youth endowment fund that the Minister has announced is tiny by comparison with the cuts in the youth service. Does he accept that there is a real perception across the country that the Government’s drug strategy simply is not working, and that unless they invest in the youth service as well, they will not turn this problem around?

[Kit Malthouse]

As the right hon. Lady will have heard, I did, in answer to an earlier question, talk about a balanced drugs strategy that takes into account both enforcement and youth intervention. However, there is always more that we can do. Alongside the expansion of the county lines co-ordination centre and the action that we shall be taking over the next few weeks as part of the general uplift relating to the £20 million of funding that we have received, we have established a county lines group at the Home Office which is bringing together all the partners we think can have an impact, not just in policing but beyond. We need a real push, because we are under instruction from the Prime Minister to bring this phenomenon to an end.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

19. Last week the Health and Social Care Committee, of which I am a member, published a report recommending a radical change in the UK drugs policy—a change from a criminal justice approach to a health approach. Given the high rate of drug-related deaths in Scotland, does the Minister accept that the current UK policy is simply not working, and that a new approach is desperately needed?

[Kit Malthouse]

As I said to the Scottish Affairs Committee, my mind is open on what more we can do, but there are plenty of things that should be done and are not being done. One of the common phenomena in countries that have been successful in dealing with drug-related problems is investment in health treatment and recovery, but, sadly, that has not happened in Scotland over the last few years. As I said to the Committee, there are many things that the Scottish Government can and should be doing. Given the scale of the problem in that part of the United Kingdom, I am surprised that they are not putting more effort, and more resources, into treatment and recovery.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

We have heard twice about the Minister’s early days as a youth, including in Liverpool, but the fact is that he will have to grow up fast, because the wicked people behind drugs in this country are big gangsters, and those who killed the 39 innocent people in that refrigerated van are big players. When will the Government tackle the wicked men and women who run crime in this country, and do it effectively?

[Kit Malthouse]

I hope that the hon. Gentleman has noted some of the recent successes that we have had in dealing with some of the really big gangs who promulgate this trade—not least the National Crime Agency’s biggest ever seizure of drugs, which were being shipped in, funnily enough, in Liverpool, in fruit and veg lorries. Nevertheless, there is always much more to do. I hope that the hon. Gentleman will be encouraged by the fact that the Home Secretary and I, along with the Minister for Security, my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), who is responsible for dealing with serious and organised crime, are working closely together to see what more we can do in order to do exactly as the hon. Gentleman says, and take this business out from front to back.

[Carolyn Harris (Swansea East) (Lab)]

County lines operations have invaded every town and city across the UK, and they do not discriminate when it comes to the lives they affect. South Wales police, my own excellent constabulary, are seeing children as young as 13 arrested for involvement in county lines. We must protect the young and vulnerable from this exploitation, and no matter what the Government think they are doing, it is not enough. We need to do more to protect young people from this dreadful county lines epidemic.

[Kit Malthouse]

The hon. Lady is exactly right. Thankfully, her local police force will have more police officers next year to help with this effort, and I know that one of the key focuses of all police forces involved in dealing with this awful phenomenon is the safeguarding of young people. Obviously, I will be working closely with colleagues from the Department of Health and Social Care and the Department for Education to see what more preventive work we can do. I believe that there is quite a lot more we can do around the disruption of the business model, to make it more difficult for people to deal drugs and to launder the money involved in the trade. That would make them less likely to promote it in smaller towns and villages and more likely to concentrate instead on urban areas, where we can get to work on the issue.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

4. What assessment she has made of the potential merits of making the role of domestic abuse commissioner a full-time position.

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[Melanie Onn (Great Grimsby) (Lab)]

9. What assessment has been made of the effectiveness of place-based crime prevention strategies.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

There is strong evidence that place-based approaches can be an effective means of preventing a wide range of crimes, including acquisitive offences such as burglary and theft. That is why, on 1 October, my right hon. Friend the Home Secretary announced the £25 million safer streets fund, which will support the communities worst affected by such crimes to implement effective situational prevention, such as street lighting and home security.

[Melanie Onn]

Old Market Place and Rutland Street in Great Grimsby have both experienced incredibly violent knife crime, including the on-street killing of a homeless man. Will Operation Galaxy, launched by Humberside police today, look at what changes need to be made to the built environment so that my constituents can feel safe again? Can the Minister also say how much money Humberside police will be getting out of the £25 million announced?

[Kit Malthouse]

The hon. Lady is quite right that, as I said in my previous answer, small design changes or equipment such as CCTV can have a huge impact on crime. We know, for example, that alley gating can result in a 43% reduction in burglary—I was sorry to read that she was burgled earlier this year. We will encourage applications to the fund from the areas that are most significantly affected, particularly by acquisitive crime, on the basis that the worst affected 5% of areas account for 23% of all offences. I look forward to entertaining a bid from Humberside police.

[Mr Edward Vaizey (Wantage) (Ind)]

The Minister will be aware that there is a plethora of evidence that we can design out crime, both in the built environment and through the design of objects. The Secretary of State for Health and Social Care recently launched the national academy for social prescribing, to link healthcare with the arts and creative industries. Can the Minister update us on the work that the Home Office is doing with our world-beating creative and arts industries to help to combat crime?

[Kit Malthouse]

In typical fashion, the right hon. Gentleman poses an intriguing challenge, which I shall have to research in the Department to find out whether there has been any impact. However, one area that I know we could do more work with, and that is a significant contributor to the cultural life of the nation, is the architectural profession, which often does not make crime prevention a top requirement when putting in place developments, but very often should.

[Rachael Maskell (York Central) (Lab/Co-op)]

One of the greatest casualties of a decade of cuts to policing has been seen in the breakdown in partnerships between local authorities and mental health trusts. So what discussions is the Minister having with those departments to ensure that there is investment in those services and shared funding to move them forward?

[Kit Malthouse]

The hon. Lady is right that the rise in the incidence of mental ill health has caused significant problems across the country, not least to the police. The frontline response teams I have met in the past few months in this job have all highlighted to me the problems they have in dealing with mental health cases. However, the problem has been sorted in some parts of the country, not least in my county of Hampshire, where there is a good relationship between the organisations, such that they are functioning well. I would like to take that best practice and spread it.

[Mrs Anne Main (St Albans) (Con)]

The Minister mentioned being able to design out crime. What more can be done by linking up with local councils to ensure that not only buildings but the landscaping around them are designed to try to minimise crime and make places more pleasant to visit?

[Kit Malthouse]

My hon. Friend raises an extremely good point. A well functioning local criminal justice partnership, which will involve the local authority as well as the police and other bodies involved in crime fighting, will often look at exactly these kinds of issues. I hope that as we move forward in the police uplift programme one area of focus will be a regional approach to problem solving in policing. I would be more than happy to meet her to discuss this if she has any specific ideas.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

12. What recent assessment she has made of the adequacy of the number of firefighters.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

We are confident that fire and rescue services have the resources they need to do their important work. Operational decisions are for each fire and rescue authority to make as part of the integrated risk management planning process, and it is for individual fire and rescue services to make decisions on the number of firefighters they employ.

[Vicky Foxcroft]

Since Grenfell, London Fire Brigade has undertaken focused and enhanced visits to high-rise buildings, using both station-based crews and fire safety inspecting officers. Inspecting officers are highly skilled individuals who ensure that those with responsibility for buildings are taking the necessary steps to uphold fire safety standards. What is the Minister doing to support brigades in recruiting and retaining officers in these essential specialist roles?

[Kit Malthouse]

Obviously the Grenfell inquiry is due to publish shortly, and we will all have to learn lessons from its conclusions. The hon. Lady is right to point towards prevention as a key part of the mission of the fire service, and one in which there has been enormous success in the past decade or more in driving down the number of fires attended to, in particular, and incidents across the board more generally. We have secured an extremely good financial settlement for the fire service across the country this year, and I have urged fire chiefs, not least in the light of the first set of inspections for some time, to invest in prevention.

[Philip Davies (Shipley) (Con)]

I certainly support the Government in recruiting an extra 20,000 police officers, but may I ask the Minister to look again at the resources for the fire service? In West Yorkshire, and I suspect in other parts of the country, they are extremely stretched at the moment. The number of people on a fire engine is going down to try to mask over those stretched resources. Will he look at that again, because the fire service needs extra resources, just as the police do?

[Kit Malthouse]

I would expect nothing less than a challenge from the champion of Shipley on my portfolio, just as he has challenged me in my previous portfolios. I would be more than happy to look at particular problems in his local fire service if he believes there are any, but we have recently instituted and had the results of the first inspection regime of fire and rescue services for some time. It has been reassuring in parts, but it does point towards particular areas we need to address. As I say, we had a good settlement from the Treasury this year from the financial point of view, and it will be for local fire and rescue chiefs to decide how they invest that extra money.

[Maria Caulfield (Lewes) (Con)]

13. What steps she is taking to increase the number of police officers in Sussex.

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[Mr Laurence Robertson (Tewkesbury) (Con)]

15. What her policy is on the investigation of low-level crimes.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

We expect all crimes reported to the police to be investigated appropriately. Chief constables and police and crime commissioners are responsible for ensuring that cases are investigated properly. Together with the Crown Prosecution Service, they must make sure that charges are brought in cases where there is sufficient evidence and it is in the public interest to do so.

[Mr Robertson]

I thank the Minister for that answer, but section 176 of the Anti-social Behaviour, Crime and Policing Act 2014 makes theft from a shop of goods worth £200 or less a summary-only offence. According to the National Federation of Retail Newsagents, shoplifting crime has increased since then. Will the Minister have a look at what is going on and what can be done to reduce retail theft?

[Kit Malthouse]

My hon. Friend has been a persistent champion for those in the retail trade who are subject to crime. I will be more than happy to look at the point that he raises—not least because if the data shows that there is a problem, we have to do something about it.

I would just say to my hon. Friend that when Westfield shopping centre opened in west London, there was a concern about crime. I recommended that all employers there gave time off to some of their shop staff so that they could become special constables, on the basis that there would then always be a police officer on duty.

[Mr Speaker]

I am sure the hon. Member for Tewkesbury (Mr Robertson) is greatly gratified to know that he is not merely a champion, but a persistent one at that.

[Chris Bryant (Rhondda) (Lab)]

It feels, unfortunately, as though the police and the Crown Prosecution Service still think that an assault on an emergency worker is a low-level crime and that, frankly, magistrates often say, “Well, a little bit of violence is just in the way of doing your job.” Surely, we must reverse this trend. When there is an assault on an emergency worker, it is an assault on us all.

[Kit Malthouse]

I think that the hon. Gentleman speaks for us all. In my view, anyone who raises a hand in malice against an emergency worker should face the severest possible penalties.

[Craig Tracey (North Warwickshire) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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[Karen Lee (Lincoln) (Lab)]

We are more than two years on from the Grenfell Tower fire and insufficient regulatory reforms and continued cuts to fire services have not given the local community any reason to trust this Government. There must be scrutiny of processes and resources, not just blaming of individuals. Advice to residents on the night was to stay put as part of a strategy of containment. We need to be absolutely clear here that this is Government policy; not fire brigade policy or a policy dreamed up by firefighters. As promised after the Lakanal House inquest in 2013—that is six years ago—will the Minister commission a review into the stay-put policy as a matter of urgency?

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

As you may recall, Mr Speaker, I had some responsibility for the enormous changes that are required in building regulation and fire safety procedure when I was Minister for Housing. I dispute the hon. Lady’s representation that nothing has happened. A huge amount of work is going on under the auspices of the Ministry of Housing, Communities and Local Government to ensure that that kind of thing can never happen again. Having said that, the inquiry will be announcing shortly, and no doubt there will be implications for us all about what more lessons can be learned.

[Sir David Amess (Southend West) (Con)]

T3. Following time spent patrolling Leigh-on-Sea Broad- way on Friday with two excellent police officers, I ask my right hon. Friend to look now at the availability of accommodation for people with mental health issues detained under section 136 and perhaps at some simplifying of criminal behaviour orders.

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[Justin Madders (Ellesmere Port and Neston) (Lab)]

T7. Given that Ellesmere Port is losing its second pump, I was a little perplexed to hear from the fire Minister earlier that he thought that fire authorities had a good settlement from the Treasury this year. Will he join me in lobbying the Chancellor for extra funds for the fire service for next year, so that we can keep this vital service?

[Kit Malthouse]

I am sorry to hear that that pump is going, but presumably that was an operational decision by the local fire chief and fire board. We did get a 2.3% settlement, which in the great scheme of things was good for the fire service, but more investment can always be looked at. One area of investment that I have talked to the fire service about and that is of interest to me is technology—the question of what more we can invest in to make the fire service more efficient and its ability to fight fires better, and to ensure that all forces are wetter; Mr Speaker, did you know that there is a chemical that can be added to water to make it wetter and therefore more effective in putting out fires?

[Mr Speaker]

What an extraordinarily helpful nugget of information the Minister has vouchsafed to me and other Members of the House; he really is an encyclopedia of arguably useful information.

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[Jane Dodds (Brecon and Radnorshire) (LD)]

Rural and agricultural communities are significantly affected by a rise in such crimes. Will the Minister confirm that there will be no significant reduction in funding to rural police forces, which in fact need more funding?

[Kit Malthouse]

Rural police forces in England will receive the same uplift funding as the other police forces do. As somebody who represents a large and very beautiful rural constituency, I have a particular interest in making sure that rural crime does not become a Cinderella part of the service.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

As my right hon. Friend develops a new immigration system, will she ensure that she pays particular attention to its design to facilitate the movement of scientists, researchers and technicians in and out of the country to protect our world-class science base and maintain our position as a global science superpower?

[Laura Smith (Crewe and Nantwich) (Lab)]

Does the Minister have any plans to bring in legislation to provide that all specialist housing and registered care accommodation, both new and existing, be fitted with sprinklers?

[Kit Malthouse]

This policy area actually falls within the purview of the Ministry of Housing, Communities and Local Government. I know, having been Minister for Housing until recently, that as part of the review of building regulations, the matter of sprinklers is under consideration.

[Mark Pritchard (The Wrekin) (Con)]

Shropshire has suffered widespread and dangerous flooding over the past few days, affecting thousands of people. Would the Home Secretary like to join me in putting on record her thanks to West Mercia police and all the people from Shropshire fire and rescue services?

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[John Cryer (Leyton and Wanstead) (Lab)]

As a direct result of Government cuts, some fire brigades have cut the crew per pump from five to four and even four to three. That is not just an operational decision; it is a direct result of cuts. How sustainable is it?

[Kit Malthouse]

The exact disposition of the number of firefighters on each appliance is an operational decision. [Interruption.] It is. It is not my job to sit in Whitehall and decide how each fire service should run its operation. We have instituted the first inspection regime of fire and rescue services for some time, which specifically looks at a service’s effectiveness, efficiency and ability to perform its function. Lessons will be learned from the first round of inspections, which I hope and believe will improve the service.

[Several hon. Members rose—]

Operation Midland Independent Report

Kit Malthouse Excerpts

Monday 7th October 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

(Urgent Question): May I add my commendation to the Trade Minister who responded to the previous urgent question, who did so as to the manner born?

To ask the Minister for Crime, Policing and the Fire Service if he will make a statement on the Home Office’s response to Sir Richard Henriques’s independent report on the Metropolitan police’s Operation Midland.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

This is a deeply concerning case. Operation Midland was the Metropolitan Police Service’s investigation into allegations of child sexual abuse made by Carl Beech against a range of public figures. Beech is now serving an 18-year prison sentence for perverting the course of justice. He has appealed his conviction and sentence, as you mentioned, Mr Speaker, and they are a matter for the courts to consider. This case has had a devastating impact on those he accused and their families. Sir Richard Henriques’s report on how the Met handled the investigation raises many concerns. The Met has already apologised for failings in the investigation and acted on many of Sir Richard’s recommendations, and we very much welcome the publication by the Met on Friday of the fuller detail of what Sir Richard found. I note that the commissioner of the metropolis has issued a further statement and apology today.

It is now vital that the public receive independent assurance that the Met has learned from the lessons identified in Sir Richard’s report and has made the necessary improvements. That is crucial to restoring public confidence that police handling of an investigation of such sensitive matters is both fair and impartial. That is why my right hon. Friend the Home Secretary wrote last week to Her Majesty’s chief inspector of constabulary and fire and rescue services to ask him to undertake an inspection at the earliest opportunity to follow up on Sir Richard’s review. It must be right that a body independent of Government take this work forward. She also asked that the inspection take account of the findings of the report of the Independent Office for Police Conduct, which was published this morning, and which we will be considering carefully.

The public must have faith in the impartiality of their police service, and no one should have to suffer the ignominy of public false accusations of the most heinous kind. The Government are determined to ensure that the lessons are learned by the police and that the failings of this investigation are never repeated.

[Mr Davis]

The fundamental principle of our justice system is innocent until proven guilty—a principle undermined over the past decade when the rules of police forces were amended, particularly after the Jimmy Savile scandal. The entirely understandable aim of those changes was to increase the conviction rate for sexual offences, but that has been a complete failure, with conviction rates for sex crimes having dropped dramatically in the last five years.

The price that has been paid in terms of reputational damage and ruined lives has been enormous. High-profile figures investigated under Operation Midland have had their reputations disgracefully and unjustly tarnished. The IOPC, whose report was published this morning, has failed miserably to identify the Met’s failures, identify the culpable people or resolve the issues.

However, it is not just the Met. Other police forces across the country follow policy guidelines, automatically believing all allegations brought by complainants, and therefore disbelieving the defendants. This has damaged the reputations of Cliff Richard, Paul Gambaccini, Jim Davidson, my hon. Friend the Member for Ribble Valley (Mr Evans) and many other, less well-known defendants. Will HMIC therefore review not just Operation Midland, but the judicial and policing rules and procedures covering all such cases, so that we get justice for victims and protection for the innocent?

[Kit Malthouse]

My right hon. Friend raises issues that are, of course, important. He rightly points out the devastating impact, as I mentioned earlier, that this episode has had on many significant public figures, one of whom was a much decorated war hero. I hope he will recognise that, in many circumstances, the police face a difficult task in trying to balance the need to give victims of crime the confidence to come forward, engage with them and report crimes, against the requirement to have justice or impartiality in an investigation at the same time.

The College of Policing, which looked at the guidelines, considered, for example, the tendency or policy that had been adopted for victims always to be believed. We have clarified the guidance that is available to police officers in those circumstances, such that, while a victim’s allegations must be heard with integrity and properly recorded once an investigation has begun, that must be done with impartiality. We hope and believe that the audit or inspection by Her Majesty’s inspector will look specifically at whether the Met has learned the lessons of this particular episode.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on securing this important urgent question.

Sir Richard Henriques’s report makes for extremely sobering reading. At the heart of this case are the victims and their families, who have faced years of questions and unthinkable damage on the basis of false and malicious allegations. It is clear that this case has exposed a serious failure of the police’s investigative functions and decision making, which has had profound consequences. Officers failed to present the whole picture when seeking search warrants, and the investigation into Lord Brittan went on far too long. Of that there is no question.

The question for the IOPC is whether the five officers involved acted deliberately or criminally. Its conclusion is that they made mistakes and that the processes failed, but that they were not guilty of gross misconduct. Indeed, Sir Richard himself acknowledged that, notwithstanding the many mistakes made, the officers conducted the investigation

“in a conscientious manner with propriety and with honesty.”

The question, therefore, for the police, for the Home Office and for us, as Parliament, is what needs to change organisationally and culturally to ensure that investigations are properly, objectively and successfully pursued. That institutional change must be our objective, but it is so often lost in the heat of the tabloids’ gaze.

It is right that our police are subject to the most intense scrutiny. The accountability of the police is a fundamental cornerstone of our democracy, and many of Sir Richard’s recommendations must be implemented in the interests of accountability. Will the Minister therefore confirm exactly how many of his 25 recommendations have already been delivered and what the timeline is for further recommendations from both Sir Richard and the IOPC to be implemented and for HMIC’s review?

Does the Minister believe that there is a systemic issue on disclosure and search warrants that must be nationally addressed? What steps will the Home Office take to lead on this work? Will he specifically look into the recommendation around the audio recording of warrant applications? Furthermore, it was disappointing that the report was selectively leaked over the last week. Is any investigation intended into those leaks?

Finally, as has been touched on, this case has reignited the debate around belief of victims by the police. That debate cannot be had outside the context of record lows for rape prosecutions, with only 3% of cases reaching the courts. Our criminal justice system does not currently deliver justice to victims of sexual abuse, and it has not done historically. From Rotherham to Oxford, and from Torbay to Rochdale, victims have been failed time and again by all institutions of the state. We must therefore think carefully before imposing sweeping changes regarding the belief of complainants by the police that would have the effect of undermining genuine victims in coming forward.

As the Victims’ Commissioner has said, complainants’ rights do not exist in competition with suspects’ rights. That is why it is right that officers believe, take seriously and treat with respect every complainant of crime in the first instance and then investigate thoroughly, without fear or favour. Does the Minister therefore agree that the right approach is currently contained in the College of Policing guidance and that this approach must always be carefully balanced against the impartiality of the subsequent investigation?

[Kit Malthouse]

I thank the hon. Lady for a sensible intervention and for her questions. She is quite right that, as she concluded, we face the challenge of striking the difficult balance of ensuring that victims have confidence that they can come forward, that they will be taken seriously and that their allegations will be considered, but also of ensuring that those who are alleged to have carried out crimes know that the investigation will be conducted with impartiality and balance and that, in the end, justice will be served. That is absolutely the balance that we are seeking to achieve through the guidance, which was updated recently with the College of Policing to make that clearer. Part of the inspection that we have commissioned from HMIC into the Met police will be to make sure that some of these lessons have been learned.

The hon. Lady asked specifically about the number of recommendations in the Henriques report that have already been enacted, and part of our commission with the inspector is to find out exactly that—where we have got to in terms of progress. I will certainly look at the point she raises on audio recording and consider what more action we can take on that.

The hon. Lady will understand that both the report itself, which we have seen recently in full, and the IOPC report, which was issued this morning, are large documents and contain significant implications for policing into the future. That is something that we want to consider and that the Home Secretary wants to consider as well. As to the investigation into leaks, that would obviously be a matter for the Metropolitan police, should they wish to pursue it,

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I agree completely with my right hon. Friend the Member for Haltemprice and Howden (Mr Davis): the shining jewel of our criminal justice system is that somebody is innocent until proven guilty. That is their protection against the might of Government and, of course, the might of the media when they reach a speedy judgment. It has always been a concern that the processes we are discussing have casually turned that aside and that, as far as the public have been concerned, people have been guilty until proven innocent. I hope my hon. Friend will address that. Sir Richard makes that very clear.

The other vital point, which no one has raised yet, relates to interventions by public figures trying to get the police to pursue matters further. I refer in this particular case to the hon. Member for West Bromwich East (Tom Watson)—

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[Mr Duncan Smith]

I will. I was simply referencing Sir Richard’s report. My point is a general one. Will the Minister address the reality of the police finding themselves unnecessarily influenced by public figures as to the direction of their investigations? There needs to be some method by which they can resist that.

[Kit Malthouse]

My right hon. Friend raises some important issues, not least the much-debated challenge of pre-charge anonymity. The guidance is clear that those against whom allegations have been made pre-charge should generally be kept anonymous until they are charged. However, I am sure that he will accept that it is appropriate in certain circumstances for the police to release the name of somebody who is suspected of a crime, not least, for example, if they are conducting a manhunt looking for a suspect in a murder.

My right hon. Friend also raises the influence or otherwise of us and other public figures on police investigations. In his long years as a constituency MP, he will no doubt have had cause to write to the police on numerous occasions with regard to investigations into his constituents or on the behalf of his constituents, which is a perfectly legitimate thing for him to do. However, we all have a duty to bear in mind the protections and privileges that are afforded to us in this place and to use them as wisely and judiciously as possible

[Joanna Cherry (Edinburgh South West) (SNP)]

False allegations of sexual assault and abuse may be rare, but they do happen. They harm not only the wrongfully accused, but those who have been the victims of sexual assault and abuse by making it less likely that they will be believed, and I say that based on my experience of three years as a sex crimes prosecutor in Scotland’s national sex crimes unit. Does the Minister agree that the police owe it both to the victims of sexual crime and to the principle of innocent until proven guilty to carry out their investigations professionally and thoroughly without fear or favour? What steps will he be taking to reassure the victims of sexual crime that the mess that the Met has made of this case will not jeopardise future cases? Finally, there can be few things more serious than misleading a court, which is particularly serious when it is done by a police officer, so what repercussions will there be for the officers who unlawfully obtained warrants by misleading the court?

[Kit Malthouse]

The hon. and learned Lady raises an important point about the continuing confidence of victims to come forward. As she quite rightly says, false allegations not only betray those against whom the allegations are made, but those who come afterwards with similar allegations, who will naturally feel, in the wake of a large and difficult situation like this, that they are less likely to be believed. That is absolutely not the case, and we will do our best as a Government to continue the increase in public confidence, which has seen a significant rise in the number of historical allegations of child sexual abuse, into which an inquiry is under way already. People should have no fear that they will not be taken seriously.

The Home Secretary has commissioned an inspection of the Met police to ensure that it is learning lessons and embedding exactly the measures to which the hon. and learned Lady aspires. Once that concludes, the inspector will no doubt make a report available to the House, and I would be more than happy to come and update the House in the future.

[Mr Mark Harper (Forest of Dean) (Con)]

It is a pleasure to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry). I cannot say that on many occasions, but I agreed with every point that she made on this occasion. Following on from one of her points, the Sir Richard Henriques report is very critical of the then Deputy Assistant Commissioner Steve Rodhouse. The public will be surprised to learn that he is now the director general of operations in the National Crime Agency—an organisation for which the Minister has direct ministerial accountability. Does he have full confidence in Mr Rodhouse in that position? If so, will he tell the House why?

[Kit Malthouse]

I am sure that my right hon. Friend will understand that it is extremely important for credibility and trust in policing in this country not only that the police service is operationally independent, but that the organisations charged with its discipline and governance and for investigating complaints exactly such as this are also deemed to be independent. He will know that the IOPC, which is charged with that duty, has found no reason to conduct any action against that particular police officer. It would be inappropriate for me, as a Minister of the Crown, to intervene to countermand or to criticise that investigation in any way. However, both the Home Secretary and I will be carefully considering both the Henriques report and the IOPC report that came out this morning and what our next steps should be.

[Sarah Champion (Rotherham) (Lab)]

If I went to the police to report that my car had been stolen, I would expect to be believed until the investigation or the evidence proved otherwise, but the situation is not the same if I were to report child abuse. I am concerned that commentators on the Beech case are using it as a way to discredit victims and survivors of child abuse and sexual assault. Will the Minister please confirm that if people do have the courage to come forward and report such crimes, they will be taken seriously, they will be supported, and the cases will be properly investigated?

[Kit Malthouse]

All allegations of crime, particularly such sensitive allegations, should be taken seriously, properly recorded, assessed sensitively, but then investigated with due impartiality. Those are the guidelines by which the police should be operating, and we will take steps to ensure that that is the case.

[Sir Peter Bottomley (Worthing West) (Con)]

As a neighbour of Ted Heath, an admirer of Field Marshal Bramall, a colleague of Harvey Proctor, a friend of Leon Brittan, and—this is a matter of public record—as someone twice accused of this sort of thing by people who were bad, mad or sad, I think the House can agree that we can support the police and let them account for their failings when they come.

Will the Minister also get the inspector to look at the GOLD Group on Operation GIANNA? A written parliamentary question on the matter was answered by his predecessor on 25 July about the case of Gurpal Virdi. A vertical slice through the Metropolitan police managed to accuse a good officer of things he had not done at places he had not been and when none of the evidence linked him to it. All the evidence showed that the complainant was untruthful, and the weapon that was supposedly used on the complainant was introduced to the police force eight years after the event that was supposed to have taken place. May I ask that Operation GIANNA is referred to the inspector to see whether it is appropriate for him to consider it as well?

[Kit Malthouse]

I am happy to look again at that case. I should declare that, as a previous deputy mayor for policing in London and chair of the Metropolitan Police Authority, I did have dealings with Mr Virdi and his case, so it is not unfamiliar to me. I would be more than happy to meet with my hon. Friend to discuss what further steps may need to be taken, if any.

[John Mann (Bassetlaw) (Lab)]

Having sent in a copy of the Geoffrey Dickens file, I was asked to meet Operation Midland, to which I explained in some detail why I thought its lines of inquiry were fundamentally flawed, providing some documentation to back that up. I also represented 30 of my constituents for four weeks in the Nottinghamshire strand of the child abuse inquiry when, it is a fair summary to say, those who had suffered abuse were unanimous in their condemnation of the police for not believing them when they came forward. When one case was reopened, one of my constituent’s assailants ended up getting a 19-year sentence, and there are other cases that I cannot comment on because they are currently sub judice. Will the Minister ensure that nothing is done that in any way impinges on the ability of the independent inquiry to report freely and openly next year, both to Parliament and Government, when it has had the chance to conclude its full investigation, including, of course, the Westminster strand?

[Kit Malthouse]

I can give the hon. Gentleman those assurances, and I hope that he will have adduced from my answers today that I am studiously attempting to respect the operational independence of these organisations and inquiries.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I was not only the policing Minister but the victims Minister, and I have real concerns following the two reports that victims need to be believed. We must make sure that the police work hard to ensure that victims have the confidence to come forward. I am deeply concerned that Her Majesty’s inspectorate of constabulary and fire and rescue services, which was created when I was the Minister, is perhaps not the right vehicle for such an inquiry, as it does not have the powers to sanction—not necessarily prosecute—police officers. This report clearly shows that not only did police officers make mistakes but that there was malpractice, which is probably the best word.

[Kit Malthouse]

My right hon. Friend is right about the limits on the powers of the chief inspector of constabulary. The organisation that has the required powers is the IOPC. The IOPC has produced this report, which we will consider carefully.

Once again, my right hon. Friend is correct that we all need to do our best to reassure victims that they will be taken seriously when they come forward. We are trying to make sure with inspection that the various steps, lessons and recommendations in these reports, not least the Henriques report, are being embedded in Met police practice so that we can promulgate them across the country.

[Chris Bryant (Rhondda) (Lab)]

One of the worst things about deliberately false, vexatious or overexaggerated allegations is not only that the person against whom the allegations are made is put through hell but that, as my hon. Friend the Member for Rotherham (Sarah Champion) said, future victims may find it more difficult to get justice. But do we not also need to look carefully at another aspect? When the press and the police have too close a relationship and, by some miracle, the whole of the regional press turn up after, frankly, being tipped off by the local police that somebody is about to be arrested, it does no justice to anybody whatsoever.

[Kit Malthouse]

The hon. Gentleman is right, and he will know there was a significant inquiry into the relationship between the press and the police that came to certain conclusions, and the practices, certainly the formal practices, within the police service have since changed. Having said that, although primary responsibility lies with the police, the media also have a responsibility to report such things responsibly and to recognise that they have a wider responsibility towards society beyond just selling headlines.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Madam Deputy Speaker, you may recall that, six years ago, the then chief constable of Sussex was found to have breached privilege after an investigation by the Standards and Privileges Committee into a vexatious investigation against me. It then took the IPCC over three and a half years to uphold four of my five complaints, by which time all the officers investigated had retired, and therefore no penalties could be imposed.

It looks as though the same has now happened with the IOPC. The investigation took far too long, and only one of the officers was actually interviewed face to face. How is it that the damning Henriques report talked about Operation Midland in terms of

“incompetently, negligently and almost with institutional stupidity”,

yet today’s IOPC report refers to “shortcomings” in the handling of the whole investigation. What will the Minister now do to ascertain whether the IOPC, almost two years after it took over from the IPCC, is actually fit for purpose?

[Kit Malthouse]

My hon. Friend raises an important point about the timeliness of IOPC investigations. Some of the timelines in some of these investigations are unacceptably long. We have plans to introduce measures next year to urge, compel or incentivise the IOPC to complete its investigations in under 12 months. If an investigation goes beyond 12 months, the IOPC will have to issue an explanation.

My hon. Friend knows that significant reforms were introduced during the transition from the IPCC to the IOPC to try to strengthen the organisation’s governance, not least by creating a board with non-executive directors in the majority, as opposed to the previous structure in which the investigators or inspectors themselves sat as an internal board. There is now some internal scrutiny, but there will be an opportunity to continue the path of reform. If he has ideas about how we should proceed, he should please let me know.

[Stephanie Peacock (Barnsley East) (Lab)]

In the past year, there has been a 27% decrease in convictions for rape. Only 2% of reported rapes end in a conviction, so does the Minister share my concern that the recommendations pursued by Sir Richard could have a chilling effect on the already unacceptably low prosecution rate for rape and domestic abuse?

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[Kit Malthouse]

As I have said, I am genuinely concerned, notwithstanding the Henriques report, about the confidence of victims to come forward, not least in relation to crimes of a sexual nature. Although there has been some difficulty and disappointment with the number of convictions and prosecutions for rape, the level of recorded rapes and the number of victims coming forward has increased significantly. Although, from a headline point of view, the stats do not look good, it is actually good news because it means more and more people are confident about coming forward. The hon. Lady will have seen that the Government recently promised significant financial support for the kind of counselling services and independent sexual violence advisers across the country that will enable victims to come forward more confidently and be supported through the judicial process.

[James Gray (North Wiltshire) (Con)]

The good name of Sir Edward Heath was further dragged through the mud by the Wiltshire constabulary, led by the now thankfully suspended Chief Constable Mike Veale, when they appeared at his front gate in Salisbury to call for more victims. Some 32 officers spent two years investigating, at a cost of £2.3 million, despite the fact that the alleged perpetrator had been dead for many years. Does the Minister agree that, in addition to examining the report on Operation Midland, now is the time for the investigation into Operation Conifer—the Wiltshire police operation—to be reopened?

[Kit Malthouse]

As I am sure my hon. Friend is aware, the decision to investigate or otherwise is not for me, but the Henriques report has a section on Operation Conifer, which I will be considering carefully.

[Sir Hugo Swire (East Devon) (Con)]

I regret to say that I have not heard much this evening that will reassure the widow and family of Lord Brittan and the families of all those involved, including General Bramall. This House also needs to look at itself and at the role played by Members. The police admit they were encouraged to pursue these matters by various Members. If we cannot control the outcome of some of these investigations into the police, as seemingly we cannot, we can do something to make sure that no one in this House has fallen short of the high standards expected of Members of Parliament by exerting undue pressure on the police, hastening the death of Lord Brittan and causing misery to many people who have served this country rather better than some Members.

[Kit Malthouse]

I am sorry that the exigencies of operational independence, plus the fact that Mr Beech has lodged an appeal against his conviction, naturally limit what I am able to say, which may come as a disappointment to some of those against whom false allegations were made. However, on my right hon. Friend’s second point, as I said earlier, it is absolutely right that the House looks at how the protections, privileges and, indeed, power exercised by hon. Members on an almost daily basis are used responsibly by finding some mechanism to ensure that those who would seek to use them irresponsibly cannot do so.

[Greg Hands (Chelsea and Fulham) (Con)]

Of course, the immediate day-to-day responsibility for the Metropolitan police lies with the Mayor of London, as my hon. Friend perhaps knows better than anybody. The Mayor of London, as we know, is normally very vocal about pretty much anything that is not in his portfolio, but this is very much within his portfolio of interests. Does my hon. Friend share my surprise that the Mayor of London has neither accepted nor even responded to the important recommendations in this report?

[Kit Malthouse]

Given my previous position at city hall, with responsibility for the Metropolitan police, I have been surprised at the lack of reaction from the primary accountability body for the Metropolitan police. I would certainly urge the Mayor and his deputy mayor for policing and crime to take a much more proactive and vigorous approach to making sure that this sort of thing never happens again.

[David Morris (Morecambe and Lunesdale) (Con)]

About five years ago, I raised some concerns about the case that has come before us here, and I got a letter from Patricia Gallan, assistant commissioner, specialist crime and operations. I will not name the Member concerned, as I am being very careful about this, but the letter completely contradicted what Sir Richard has said. It stated:

“I would like to take this opportunity to reassure you that”

the hon. Member concerned

“played no part in influencing the subsequent investigation and as a consequence the MPS has no basis to investigate the allegation contained within your letter at this time.”

I was bang on the nail with what I put in my letter on that day five years ago, and I would like the Minister to tell me whom I should take my file to for further consideration.

[Kit Malthouse]

Obviously, my hon. Friend is perfectly at liberty to submit his views and evidence to the IOPC for further consideration should he wish to do so. However, I have absolutely no doubt thats given the scale, nature and prominence of this episode, the Home Affairs Committee will wish, once it has digested both the IOPC report and the full Henriques report, to look further into this, call those people who have been involved, including Members, and ask them to account for their actions.

Point of Order

Kit Malthouse Excerpts

Monday 7th October 2019 Commons Chamber

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

On a point of order, Madam Deputy Speaker. I wish to make a small correction to the record. In my answer to one of the questions in the previous urgent question, I said that the Henriques report contained a chapter on Operation Conifer. It does not. That was an inadvertent slip, for which I apologise. I have made that correction personally to my hon. Friend the Member for North Wiltshire (James Gray), who raised the question, and I apologise to those on the Opposition Front Bench and others for my slip.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for his point of order and for giving me notice of it. He has come speedily to the House to correct the record, and I am sure the House will appreciate that.