(2 years, 11 months ago)
Lords ChamberMy Lords, I signed and spoke to related amendments in Committee. I also take a perhaps rare opportunity to congratulate the Minister on a comprehensive and fair Amendment 84 that really addresses the concerns of workers who are particularly low paid and insufficiently respected.
Like the noble Lord, Lord Kennedy, I note that this demonstrates a hashtag I use often: #campaigningworks. USDAW has done so much work on this over so many years, as has the Institute of Customer Service and its Service with Respect campaign.
I want to ask the Minister two detailed questions. Does this also apply to people providing services over the phone or remotely? I am thinking particularly of Section 16 and threats to kill. It would appear that would also potentially be covered under this. If the Minister wants to write to me later that is fine. I also want to confirm—I think I know the answer but it is worth confirming for the record—that this is an offence committed against a person providing a public service. Will volunteers also be covered under these provisions? Many volunteers provide all kinds of public services and I think that is an important issue.
My Lords, it is a great privilege to speak in this debate. I declare an interest as a member of USDAW and the Co-operative Party—I wanted to make sure that I did not forget to do that.
I know that it is quite late in the evening, but it is worth us spending a few minutes on something that impacts on millions of people across this country, in every single area of this country, from the smallest and most impoverished communities to the wealthiest. This directly impacts on all of them.
The Minister is quite right in saying that her amendment supersedes mine, and I welcome government Amendment 84. The noble Baroness, Lady Neville-Rolfe, will speak to her amendment, and we have heard from the noble Lord, Lord Dholakia. On my amendment, I thank my noble friend Lord Kennedy for pointing out that it is the first time in my life that my comrade has praised the Conservatives for tabling a better amendment than me. On this occasion, he is absolutely right; it is a far superior amendment to the one that I tabled. It is a great tribute to the Minister, who has listened.
We often say that Ministers should listen and need to take account of something. This Minister has actually acted on that and changed the legislation—she has talked to her civil servants. I say this as an example to other Ministers in both Houses: sometimes a Minister has to stand up and say, “This is what the public, the House and the Chamber demands, and this is what common sense says—so change the law and do what people think is right”. Millions of people across the country will see this as something that has taken years of campaigning by people such as the noble Baroness, Lady Neville-Rolfe, my noble friend Lord Kennedy and others. People on all sides have demanded this change.
One thing that we need to emphasise in the amendment that the noble Baroness has put before us is really important. Rightly, much of the emphasis has been on retail workers, and I want to emphasise some of the facts. We have emphasised the fact that the trade union and large retailers of all sorts have come together. But this amendment talks about assaults on those providing a public service; that is a huge expansion of the categories of worker that can be taken into account by those in court, using the aggravating factors before us. That is something that we should reflect on as a Chamber; it is a key change and a massive extension of the number of those workers who will be protected from abuse.
As we sit here in this Chamber at 9.23 pm, there will be people in the remotest part of Cornwall in a village shop, someone collecting tickets on a railway station in a different part of the country—a rural part of Northumberland, for example. There may be somebody on Walworth Road or in Manchester, who will at this time be facing the sort of abuse that we all deplore. We can say to those people that not only have we deplored and understand how horrific it is, we also recognise the responsibility that we have with the other place in legislating to do something about it.
The Minister was right to say that this sends a signal. Of course it does, and that is really important—but it also gives the magistrates and courts the power to say to people who think that they can act with impunity, whether it is in a village shop or a railway station or on a bus, “We are going to use that as an aggravating factor and you are going to receive a stiffer punishment than you otherwise would have done.” That should give people pause.
The noble Lord, Lord Dholakia, was quite right in some of the points he made. However, the important thing for us now—the Minister will know this, and I think the noble Baronesses, Lady Neville-Rolfe and Lady Bennett mentioned it—is how we ensure that we make this legislation work. How do we give the confidence to somebody, who is often on their own and sometimes not in the first flush of youth, to come forward and report that crime to the police so that those people get taken to court? Often those people will be their own witness. They have to go to the police to report that crime and say, “I’ll go to court” or whatever the process will be. As we move forward with this incredibly welcome piece of legislation, we need to understand how we build that confidence among people. That was one of the things that members of various trade unions as well as USDAW have raised with me. It is about building people’s confidence so that they come forward, are their own witness and report the crime. We must get to a point when the new powers that courts have can be used, because we understand the intimidation.
The Government could do with some good publicity at the moment. I would be ringing this out across the country, not to benefit a Conservative Government but to show that the Government of our country, responding to people across the Chamber, have turned around and said, “We are changing the law and we want people to be aware of the law.” Not only do we want those who act in a criminal way to understand that there is now a punishment that courts can use to deal with them, but, as I say, we want to give confidence to people to come forward.
Many other things could be said but it is important for all of us who have come together as we have to congratulate the noble Baroness, Lady Williams, and to say a big thank you to her again for the changes she and her colleagues have made and the way in which she put that meeting together. This is a strengthening of the law which reflects the seriousness with which the state views these assaults. We will not tolerate it, and the law is saying to people across this country, “We’re going to act, because these people deserve better protection than they’ve had so far.”
My Lords, in my time as a Minister I have had a to-do list in my mind, and included on it was tackling assaults on retail workers and the historic disregards. I am very pleased that in the Bill we will be able to do both, so tonight is a very good night.
I thank the noble Lord, Lord Dholakia, for bringing back his amendment and for his obvious commitment to support business owners in areas affected by high crime rates, in particular business owners from diverse communities. In Committee my noble friend Lord Sharpe made it clear that shoplifting offences involving the theft of goods of up to £200 can and should be dealt with by the police as a criminal offence. Section 176 has no bearing on the ability of the Crown Prosecution Service to prosecute a person for theft from a shop or on the court’s powers to punish offenders.
My noble friend also spoke about a survey conducted by the National Business Crime Centre to ask police forces about the reporting of retail crime. I will repeat what he said, because it is important. He stated that the survey asked
“whether forces had a policy where the monetary value of shop theft determined whether the crime was investigated. Thirty-four out of 43 forces responded … the survey found that no forces used a £200 threshold for making decisions about responding to shoplifting offences.”—[Official Report, 3/11/21; col. 1272.]
I have heard what the noble Lord, Lord Dholakia, said today and I understand the concerns about the prevalence of shop theft. I understand in particular the concerns from owners of small businesses, such as small independent shops operating in areas with high crime rates. If the noble Lord is amenable, I would like to meet further with him to discuss it.
I thank the noble Lords, Lord Coaker and Lord Kennedy, for their fulsome support of the government amendment and for repeating the point that we are sending a very strong signal about how seriously we treat this issue. There is more that we are doing. As my noble friend Lady Neville-Rolfe said, prolific shoplifters often have a drug or alcohol dependency, and shoplifting funds this addiction. We need to have the right interventions in place, and the Government’s 10-year drugs strategy, published last week, sets out the Government’s intention to invest in substance misuse treatment, including clear referral pathways for offenders into treatment to reduce the risk of reoffending and help reduce acquisitive crime, including shop theft.
(3 years ago)
Lords ChamberMy Lords, it is good to be back from the Armed Forces Bill to join you all again for this group of amendments. I start with a comment that the noble Baroness, Lady Randerson, made about the haphazard nature of the amendments before us. This is the last set of amendments on Part 5 of the Bill on road traffic offences yet, despite being haphazard, some really important amendments have been proposed. That demonstrates to the Government that there needed or needs to be a new road traffic Act, which would bring together all the various comments that have been made plus numerous others that people would make. We heard on a previous group about a review of existing traffic offences: some are out of date, and some that did not exist a few years ago should have offences against them. I make that opening remark to the Minister, as he might wish to say that to his colleagues.
My noble friend Lord Berkeley did us a favour by bringing forward these amendments. It is easy to scoff at railway bridges, but we have heard that there are seven incidents a day and that 50% of drivers do not know the height of their vehicles. An issue raised by these amendments clearly needs to be considered. The least we want from the Minister is that he takes away these comments and speaks to his colleagues at the Department for Transport or wherever about them.
The noble Earl, Lord Attlee, is also right in saying that, in trying to solve one problem, you do not want to unfairly penalise another group—in this instance, lorry or other drivers. You have to be careful about the way that legislation is drafted and unintended consequences, so his amendments are important as well.
This is yet another serious amendment that has been put forward to deal with a very real problem, to set against all the other amendments that have been put forward which deal with serious issues on our roads. The legislation needs to be updated. This is a Christmas tree of a Bill. Part 5 on road traffic needs a separate Bill, as has been demonstrated by the debate this evening. I hope, at the very least, that the Minister will take that back to his colleagues.
I am grateful to the noble Lord, Lord Berkeley, and my noble friend Lord Attlee for explaining these amendments. I reassure them and other noble Lords that the Government take this issue seriously and think it important. We recognise the serious risk to the travelling public that results from drivers striking and damaging bridges.
It is my understanding that this amendment seeks not to create a new offence but instead to create a new and specific penalty, for striking guided transport system structures, most notably railway bridges, to be applied to broader offences such as careless driving. I do not think that is needed. The penalties available for the offences for which a driver can already be charged in these circumstances are adequate to reflect the seriousness of the offence. The offences include careless, inconsiderate and dangerous driving or, where appropriate, drink-driving or drug-driving. For example, an offence of careless driving attracts an endorsement of three to nine penalty points on the driver’s licence, an unlimited fine, and a discretionary disqualification from driving for such period as the court thinks fit. Damage to property is a factor in the sentencing guidance indicating greater harm, which can lead to a higher sentence. If a driver were found to be under the influence of drink or drugs, the penalties available would include custodial sentences, unlimited fines and driving disqualifications.
As my noble friend will be aware, warning and regulatory signs already exist to indicate low bridges and to ensure that drivers are given information about alternative routes in time to adjust their journeys. I take my noble friend’s points about routes and so on, which he made most forcefully. Those signs are prescribed in the Traffic Signs Regulations and General Directions 2016 and can be used by local authorities without reference to the Department for Transport. Local authorities are responsible for placing traffic signs on their roads, and the Department for Transport provides advice to them on the use of these signs in the Traffic Signs Manual. Disobeying a regulatory sign indicating a low bridge is already an offence that attracts an endorsable fixed penalty notice and may lead to the disqualification of the driver. Network Rail can reclaim some of the cost of repairing any damage from the insurer of the vehicle that hits the bridge. The Government are satisfied that the existing offences, penalties and route to a claim for damage are sufficient.
I am afraid that I cannot answer the questions from the noble Baroness, Lady Randerson, about why this happens so frequently. I imagine there are a whole variety of factors. As to the concerns from the noble Lord, Lord Coaker, I will of course take those back; we need at least to understand this issue a little better, so I will commit to doing that. That being the case I urge the noble Lord, Lord Berkeley, to withdraw his amendment.
(3 years, 1 month ago)
Lords ChamberMy Lords, it is a great privilege to start the discussion of this very important Bill in Committee, and I look forward to discussing it with the Minister and, no doubt, many other colleagues across this House. I am particularly moved to speak on the policing part of the Bill and to open this discussion, since, as some of your Lordships will know, my father was a Metropolitan Police officer for 30 years. He retired fairly recently—over 30 years ago—and is still alive at the age of 95, so it is a great privilege and an honour to speak. One or two people may have met him; I am not sure. It probably goes back a bit further than that.
The serious point is that the amendment gives us the opportunity to start this debate by praising our police. Yes, there have been some serious questions raised about our police. Very well-documented issues have arisen which need proper investigation and inquiry, and they will, in due course, be looked at and raise serious questions. I am not saying that these issues are not important, but we should also recognise the serious job of work that the police do. The noble Lord, Lord Clarke, is in his place. Nottinghamshire has a very fine police force, as is the case across the country. Many of us have had cause to call on police officers and their staff to help us in our daily lives. That was evidenced in our own Parliament not long ago when PC Keith Palmer was killed on our premises as the result of a terrorist attack. Every single day, as we come on to the Estate, we see the police protecting us. It is important to set that on the record so that, when we discuss these issues, police across the country—both past and present—their staff and families know that we start from this perspective.
We strongly support the police covenant, which we believe is long overdue. These amendments are about making the covenant as strong and effective as it can be so that it works for police officers and their families. I know that the Minister will take the amendments in that spirit as we seek to clarify some parts of the clauses.
I suggest that the Minister looks at the lessons learned from the Armed Forces covenant, to build on that experience and mirror its strengths in the way in which it has developed. It is important that the covenant is designed to cover both former and serving police personnel; we welcome that. I want also to pay tribute to the Police Federation and all those who have long campaigned for the introduction of a covenant, the Police Federation having done so through its Protect the Protectors campaign.
The size of the Bill has been remarked on. It will raise a huge number of issues during the next few weeks. However, today’s debate and the amendments we have put forward are related to the covenant. I will speak also to the amendments in the name of my noble friend Lord Rosser.
Amendment 1 would put into the Bill that a report about the police covenant must specifically include
“mental health and the impact of trauma.”
I have also added my name to the important amendment in the name of the noble Lord, Lord Paddick, which probes what access members and former members of the police workforce have to mental health programmes and support. It will be interesting to hear the Minister’s reply because the importance of mental health support for our officers cannot be overstated. As we know, they are regularly exposed to traumatic and dangerous situations in their job—something they willingly accept as part of their duty. As the covenant says, it is therefore incumbent on us to recognise the trauma that may be imposed on officers and their families, both when they are serving and when they have moved on or retired.
I sometimes think—as I am sure many other noble Lords do—what it must be like to go to some of the scenes of horrific murders or of child abuse. All these occur in the normal, everyday life of a police officer, who then has to go home. I know that the Government will want to ensure that this support is given to them. These amendments ask how we ensure that somebody who has to deal with such situations is given the support they deserve. The amendment would specifically recognise the impact of trauma in the Bill.
This was raised by a number of Members in the other place, particularly my colleague Sarah Champion MP, and I pay tribute to her work on that. She raised the necessity of training our officers in recognising and identifying trauma and how to deal with it. She said:
“The fact that across police forces there is not a standard level of support to be accessed once an officer feels he has the need for it is really letting our forces down.”—[Official Report, Commons, Police, Crime, Sentencing and Courts Bill Committee, 25/5/21; col. 178.]
That is a concern that we all have. No doubt there are examples of good practice, but how does one ensure such good practice across all forces and areas? The lack of consistency in mental health support is something that we need to address.
Since the debate in the Commons, to be fair to the Government, they have announced a programme of mandatory annual mental health checks—but they are for the Armed Forces. The Minister for Defence has called it an annual mental health MOT, with the intention of ensuring that our Armed Forces understand what help is available to them and are equipped to manage the unique pressures of service life. I wonder whether the Government might learn from that. Might that be something that could be applied to the context of the police in our country? We could learn from the Armed Forces covenant on what has worked with respect to this and from the successes and failures.
This is about the safety not only of the police but of our communities. Regular and high-quality mental health support makes sure that our police are fit to be in post, are able to process the situations that they deal with regularly as part of the job and are capable of supporting and responding to traumatised victims.
Amendment 3 would specifically add to the Bill that a report on the police covenant must look at what mental health support is required by officers’ families. This is to probe the simple issue of what support is available for an officer’s spouse, partner or family. The key thing here, which I am sure the Government will recognise, is that if your partner is regularly put in harm’s way in the course of their job, or they are traumatised by their experience during their service, there should be a service that you can call to seek support and to have a specialist speak to you about its impact on you and your family. That is an important point for us to consider.
Amendment 5 goes to the absolute heart of how the covenant must work. It would set up an oversight board with an independent chair and membership from policing organisations, including the Police Federation, the Police Superintendents’ Association, UNISON, the College of Policing and others. The oversight board would review the Secretary of State’s annual report on the covenant before it is laid before Parliament. The basis for this was put succinctly in the other place by my honourable friend for Croydon Central, who said:
“In essence, the amendment would ensure that the covenant does not have Ministers marking their own homework.”—[ Official Report, Commons, Police, Crime, Sentencing and Courts Bill Committee, 25/5/21; col. 193.]
The covenant must belong to our police forces, and the Government must listen to our police. It should not be for the Home Secretary to decide how well the Government are fulfilling their duties under the covenant.
We recognise that, currently, there is an oversight board, which met for the first time over the summer, but that was chaired by the Home Secretary. This would rebalance that by putting an independent chair in her place. This is an important point about putting the police themselves in the driving seat, instead of Ministers.
I turn now to Amendment 6, tabled by the noble Baroness, Lady Harris of Richmond, which has our full support. It would amend our own Amendment 5 to include the National Association of Retired Police Officers in the proposed oversight board. Our Amendment 2 would require the Secretary of State’s annual report on the covenant specifically to consider the support needed by the police workforce on retirement, including access to training courses. I pay tribute to the noble Baroness, Lady Harris, for her work on this issue and look forward to her contribution later in our discussions.
A crucial part of the covenant and a key strength of it is that it applies, as I say, to both serving and former officers and their families. The service an officer has paid to their community and the impact it may have had on, for example, their health, does not finish the day that they retire from the force. The covenant is about that long-lasting partnership and recognition of the unique situation of the police workforce.
I thank all noble Lords who have taken part in a very thoughtful and helpful discussion on this first group of amendments, as we begin our discussion on the Bill. I also thank the Minister for her reply. The way in which she tried to respond directly to the points the amendments were making was very helpful for the Committee on a number of issues, so I thank her and I think the Committee would thank her as well.
Having said that, and having been a Minister myself, I am always slightly suspicious when the term used for amendments is that they “are not necessary”. That was always a term I was told to use when I was not quite sure where I was. I say gently that when they “are not necessary” what I want to do—and I am sure other noble Lords would—is reflect on the Minister’s remarks to see if they indeed meet the points the amendments are making.
I have a couple of points to make. For example, the Minister said on a number of occasions, “We will keep this under review”, “We will look at how it works out” and “We will try to understand how the covenant operates in practice”. What many of us would say is that we can learn. The Minister mentioned the Armed Forces covenant, and I take the right reverend Prelate’s point about this, but we can learn from what the Armed Forces covenant has done. It seems a bit strange to say that this is not the same as the Armed Forces covenant. Everyone recognises that, but why wait to find the same thing happening with the police covenant, when we have seen from the Armed Forces covenant that for either central government or other public bodies to have due regard is important?
I note the point the Minister made about NARPO and the importance of the involvement of retired police officers. So, there are a number of points that we will need to reflect on as we go forward from Committee to Report, but with those brief remarks I beg leave to withdraw Amendment 1.
My Lords, I strongly support these amendments. I too have little confidence in the IOPC and the resources that are available to it. It was very interesting to hear what the noble Lord, Lord Hogan-Howe, said about it. We must shed some light on the timelines for these investigations, both for the police officers and for the alleged victim.
I have been within and have commanded a disciplined organisation, and I was always acutely aware of the need to complete investigations as fast as possible when something had gone wrong. If this amendment does not find favour and the noble Lord needs to return on Report, I can make a very much longer speech then.
My Lords, I am very grateful for the opportunity to speak to Amendment 8, tabled by the noble Lord, Lord Paddick, and of which the noble Baroness, Lady Jones, is a co-signatory. It is an important amendment. I was particularly moved by the comments made by the noble Baroness, reminding us that of course it is from a police officer’s point of view but that this is also about a complainant’s point of view. It is from both sides that this debate has taken place.
Sometimes you look at an amendment and wonder whether it is as important as some others. Listening to the moving opening remarks of the noble Lord, Lord Paddick, and those of the noble Baroness, Lady Jones, and others, I have been struck that this is a crucial amendment and a crucial discussion which is of huge significance to the police, communities and our country, particularly in light of issues that have arisen over the last few months. However, investigations that are delayed and drag on without resolution are completely unacceptable for the complainant and the officer in question.
I was completely unaware and absolutely astonished to hear from the noble Lord, Lord Hogan-Howe, from his experience as a former Commissioner of the Metropolitan Police, that officers under investigation have been waiting for 10 years. Whatever the rights and wrongs of what happened and whether they were guilty or innocent, that cannot be right. This has got to be looked at by the Minister who now has responsibility for this, wherever you come from in the debate. I am sorry if other noble Lords knew this, and that I was the only person here who was unaware of it. I knew that there were delays, but frankly, that is astonishing. We have just had a significant and important debate on protecting the mental health of our officers. One can only imagine the mental health implications for people under investigation but also, as the noble Baroness, Lady Jones, reminded us, for people who have made the complaints. It does not serve justice for anybody.
There is some suggestion about delays in driving cases, but if she knows, can the Minister tell the Committee whether there is a particular delay in one area or a general problem across investigations? The noble Lord, Lord Hogan-Howe, mentioned firearms, and the noble Lord, Lord Paddick, mentioned some other examples, but is there a particular problem which emerges when a complaint is made in a particular area? There have been many references to certain offences not being taken seriously even when complaints were made, but it would be interesting for the Minister to come back to us on that.
I think that, at its heart, this amendment is saying that if we do not get this right, public confidence is undermined and eroded, and it is of no benefit to any of us not to be confident in the system. We must believe that the investigations which take place are fair, operate in a timely manner and are done with that integrity which people can understand and believe. We all accept that. Nobody here would disagree that this is the process which must happen and should be in place. However, as we have heard, that is not happening. Therefore, the amendment rightly asks us whether the answer is to set a time limit, to lay out a process that is better and more effective. The key question for the Minister is: what plans are there to review and update the disciplinary process, to restore public confidence and to reassure all of us that, at the end of the day, not only those who are complained against can feel confident but those who are making the complaint? That is the resolution that we all want from this important amendment.
My Lords, as the noble Lord, Lord Paddick, set out, this amendment seeks to further improve the timeliness of disciplinary and misconduct proceedings against police officers. It seeks to do this by amending existing regulations governing complaint and misconduct investigations by the IOPC, as well as those conducted by force professional standards departments. In substance, they seek to introduce a new system of separate independent adjudicators with powers to close down investigations which have taken longer than 12 months, where they decide that there is no “good and sufficient” reason for delay.
Again, with this amendment, I agree with the thrust of what the noble Lord and others said, namely that disciplinary and misconduct investigations should be conducted and completed in a timely fashion, for the reasons set out by the noble Baroness, Lady Jones of Moulsecoomb, and the noble Lords, Lord Paddick and Lord Hogan-Howe. Like the noble Lord, Lord Coaker, when I heard “10 years” I was utterly shocked. However, this amendment comes at a time when investigation timescales are already reducing and when the Government have worked hard to reduce bureaucracy in the system and not add to it.
Under the IOPC’s predecessor, the Independent Police Complaints Commission, investigations would on average take 11 months. Since 2018, under the IOPC, that has fallen by almost 30% to just eight months. The IOPC has closed more than 90% of its cases in under 12 months and is making strong progress on the number of cases that it closes in under nine months and even in under six months. However, as the noble Lord, Lord Hogan-Howe, said, it is in nobody’s interest for investigations to drag on for long periods unnecessarily. We recognise the impact that this can have on everyone concerned.
It might be helpful in terms of explaining the trajectory that the Government introduced a package of reforms in February last year to the police complaints and disciplinary systems. It included new provisions to improve timeliness, with an expectation that investigations will normally be completed within 12 months. If not, the investigating body must provide a written explanation of any delays and steps to bring the investigation to a conclusion. The Government expect the IOPC to go further, and it now has targets in its business plans to complete many of those investigations in under nine and six months, as I said.
There are a number of reasons why cases might take too long, including the complexity of a case, the time- scale being impacted by parallel criminal investigations, and delays in obtaining expert evidence or post-mortem reports. It might be further complicated by delays in obtaining accounts from key police witnesses and subjects. That said, it is not acceptable for investigations to go on for too long, but the trajectory of timescales is certainly downwards.
The noble Lord’s amendment would introduce an additional layer of cost and bureaucracy. It would also risk creating perverse incentives for investigators to rush to meet deadlines at the expense of the quality of an investigation, particularly in those complex cases or if historic matters are at stake.
If an investigation into police wrongdoing was terminated without being concluded and that officer might have had a case to answer for gross misconduct—I can think of very recent cases which are relevant here—this would significantly undermine public confidence and potentially the course of justice. I am sure that is not the intention of noble Lords.
The amendment also risks undermining the independence of the police disciplinary system, blurring the lines between when legally qualified persons are appointed to this role and when the same person is appointed as a legally qualified chair of a misconduct hearing. These individuals would be selected from the same pool. That fundamentally changes the role of a legally qualified chair and jeopardises the independence of their position and the disciplinary system.
In conclusion, the Government have already taken steps to reduce investigation timescales and we will be monitoring the timeliness of investigations, drawing on new data collection requirements that we introduced as part of recent reforms. I hope that, for the reasons I have outlined, the noble Lord will be happy to withdraw his amendment.