Policing and Crime Bill

Lord Condon Excerpts

Committee: 2nd sitting (Hansard - part one): House of Lords
Wednesday 26th October 2016 Lords Chamber

[Lord Condon (CB)]

My Lords, I apologise for not being here at the start of this grouping; I intended to speak but I was slightly delayed. I want to add my support to the Government, to the Opposition and to the noble Lord, Lord Paddick, for moving these amendments. It is vital for public confidence that there should be no sense that police officers, once retired, can somehow escape the consequences of actions that, in other circumstances, would have been dealt with by discipline. Certainly, as a former commissioner, I accept that until I draw my last breath I should be accountable for everything that I did during my time as a police officer. I say that with a clear conscience but, if there were any aspect that could have led to a criminal case or disciplinary case, I would of course want that to be tested and examined with the full rigour of the law or disciplinary process, and I would want the same to apply to other people who had retired.

My only reservation—it is not even really a reservation—is that, for more junior officers in particular, a line can never be drawn under their service and what they did as police officers, and they should be held accountable. I think that they and their relatives would take comfort—when looking at an incident that was, perhaps, 20 or 30 years old, where the law, public morality around an issue, or cultural issues may have changed—that there is some test that prevents vexatious or frivolous complaints from that earlier time being put into a process. I take enormous comfort that in, for example, Amendment 142 in the names of the noble Lords, Lord Rosser and Lord Paddick, there is a pretty high bar that the Secretary of State has to determine that investigating and, if appropriate, hearing a case is both necessary and proportionate. Those words will be of enormous comfort to the vast majority of retired police officers—men and women who have sometimes put their lives at risk serving the public. They would want to feel that their honourable service has been recognised. I wholeheartedly support the Bill, what is behind these amendments and the spirit of the amendments moved by the Opposition.

[Lord Blair of Boughton]

My Lords, I also apologise for not joining this particular part of the debate earlier. I absolutely agree with and amplify what my noble friend Lord Condon has said. Part of the difficulty for some of the most senior officers in the system, which my noble friend and I and the noble Lord, Lord Paddick, obviously are—we therefore have to declare interests to your Lordships—is that you end up during your period of service, particularly the period of top command, with cases that are headlines for years and which are investigated and investigated. It would mislead the House to say that my noble friend Lord Condon and I have not spoken about it—we have, although not in the Chamber. I urge those putting forward Amendment 142, the Government and the Opposition, to keep the words “necessary and proportionate” in mind, otherwise there is no end to some of these cases. This is a matter that our legislature needs to think about as it brings forward this kind of amendment. I agree absolutely with my noble friend, and I am sure that I speak for other noble Lords who have been senior police officers, that this is the right way forward.

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[Lord Condon]

My Lords, I support this amendment. For those who have monitored the police complaints process and helped advise complainants, the word “independent” has always had enormous significance. It is not a word of little value—it has huge significance for conveying the nature of the organisation that is carrying out complaints and overseeing complaints. I make no apology for reminding the House that I went on the record as commissioner to argue for a totally independent police complaints system. I put enormous value on the word “independent”, then and now, and I encourage the Government to think again on this issue.

[Earl Attlee (Con)]

My Lords, I have some sympathy with the amendment moved by the noble Lord, Lord Rosser, for precisely the reasons that he and the noble Lord, Lord Condon, outlined. On the other hand, we also have very important organisations that do not have the word “independent” in their title; for instance, Ofcom and Ofgem. So it is not unusual for organisations not to have the word “independent” in their title—but I hope that the Minister will consider the matter carefully.

[Lord Condon]

Would the noble Earl accept that, in the history of police complaints, more so than for “Of-anything”, the word “independent” has always had huge significance, and that there are many organisations, campaigners and individual long-time complainants for whom, in this context, “independent” is worth far more than in the context of a complaint against a gas company?

[Earl Attlee]

The noble Lord makes a very good point. I hope that the Minister will also remind us why we are changing the name at all. Legislation could be used to change the function, composition or governance of the body, but I would like to be reminded why we are changing the name at all. The general public are used to the term “IPCC” and they know what it does —and now we are changing it.

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That is the reason for my noble friend’s probing amendment—to get to the core of this and to try to understand why it is thought that the specific power to use weapons is an important element of this. Personally, I would be very keen to increase the use of volunteers, although there is of course the route of becoming a special constable. The description given by the noble Baroness, Lady Redfern, sounded almost coincident with the requirements for a special constable: a certain degree of training, which she specified; and the commitment to do, I think she said, half a day a month or whatever—that is perhaps slightly less than the special constables do in most of the schemes I have seen but it is very similar. We need to think about whether we should be talking about special constables, who have a particular legal status and go through a particular process and so on but are still volunteers and still give their time freely in support of the police, or creating another category of people who volunteer and are then given really quite intrusive powers—the power to use violence against other members of the community. That is why we need to debate this and consider it very carefully.

[Lord Condon]

My Lords, I support the comments of the noble Lord, Lord Harris. I do not turn my mind totally against this provision but, from my experience, the way you equip people heavily influences how they think about what they are doing: their role and how they react. Like other noble Lords, my inclination at this stage, subject to reassurance from the Government, is that the cut-off point for incapacitant sprays should probably stay at special constable, where there is a level of training, supervision, scrutiny and public acceptance of their role that there is not for volunteers. Incapacitant sprays can and have killed. To equip a volunteer who may have good but relatively basic training with a spray that can kill a fellow member of the public is an enormous step and we need reassurance from the Government that it is absolutely necessary.

[Lord Deben (Con)]

My Lords, this has been a very useful discussion. I find myself slightly closer to the Government’s position than that of the noble Lord who spoke from the other side, but I have considerable sympathy with his argument.

There is a terribly difficult problem, which I hope my noble friend will address, of confusion about who these people are, who is in which category, and the like. I happen to have a close relative who sought to be a special constable and discovered that the difficulties of becoming a special constable are really quite considerable. I hope that my noble friend can help me by explaining that this is not a way of getting out of the difficulties of the one by producing something different, which would mean that we are not facing up to some really fundamental issues about how people become special constables and whether we are making it easy for people who would like to make this contribution.

What the debate has really raised are perfectly genuine concerns that this may not quite have been thought through in the way we would like it to be. As it is such a delicate issue, I hope it could be taken rather more widely than in the actual amendment, by thinking a bit about the way in which the public will understand the distinction between these categories. This bit of additional power given to people who decide to volunteer shines a light on the problem and on the confusion which I am not sure has actually been overcome in the debates that we have had so far.

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[Lord Condon]

Before the Minister finally sits down, I ask her to acknowledge and perhaps clarify this point. We are considering this very important crossover point from special constables being given these powers to volunteers having them in the context of what the Bill is also doing. It is enhancing the role of police and crime commissioners by giving them the ability to consider taking on the responsibility for fire and rescue services, and giving them the power to appoint the fire chief as the overall chief officer for policing and for fire. The Bill will create a model whereby, for example, a relatively young 32 year-old police and crime commissioner in an area can choose to appoint the fire chief as the overall chief officer of policing and fire in that area—admittedly, with the approval of the Secretary of State—and in that context a young, relatively inexperienced PCC with a chief officer who may not have a police background could take decisions on what volunteers could and could not do. The notion of them being given potentially lethal force is quite a big issue. I look forward to the Minister, as I am sure she will, giving us some reassurance about the notion of volunteers being able to have pepper sprays that in theory can kill people.

[Lord Paddick]

I do not want to prolong the agony, but another aspect of this is that members of the public should be reasonably sure about what level of force they are going to encounter from whom. As I say, special constables now are virtually indistinguishable from regular police officers; if a special constable decides to use a defensive spray, that will not come as a shock to the member of the public. In terms of the way that the member of the public interacts with a police officer or special constable, they may or may not use force against that individual on the basis of what they anticipate the reaction of that person to be, or the ability of the person to respond to it. When it comes to a volunteer police community support officer, who does all the wonderful things that the Minister said earlier, I think it is going to be a bit of a shock, and an unreasonable one, to expect such a volunteer to respond with an incapacitant spray.

Policing and Crime Bill

Lord Condon Excerpts

Committee: 2nd sitting (Hansard - part two): House of Lords
Wednesday 26th October 2016 Lords Chamber

I want to go back to the moment when the noble Lord, Lord Condon, announced his intention to retire. There was exactly the same debate about whether the commissioner should actually be not a police officer but somebody with different managerial experience. The then Prime Minister, Tony Blair, said, “I am sorry, that is off the agenda. When the bombs go off, I don’t want somebody who is an expert in retail—I want somebody who knows what happens when bombs go off”. They went off in my time. That is the commissioner —but that is not the point. Just remember Nice. The things that happened in Nice could be happening somewhere in Brighton tonight. You would want the senior officer down there to have some experience of policing; you would not want him or her to have just walked in from a completely different environment.

[Lord Condon (CB)]

My Lords, in view of the time, I am not going to repeat the points made so far. Suffice it to say that I agree totally with what the noble Lords, Lord Dear and Lord Blair, said on these issues. I might put the emphasis slightly differently—in some parts more strongly and less strongly in others—but in the round I agree with all they said.

I go straight to the amendments. On the first amendment, tabled by the noble Earl, Lord Attlee, I agree that overseas experience is desirable—it is nice, it is to be welcomed. As commissioner, I spent one Christmas visiting my officers in Sarajevo and elsewhere in that region, and I was very proud of the work that they were doing. I had a wonderful detective sergeant who was in command of more than 400 international police officers, many of them of chief officer rank. In the merits of a local situation, she was selected as a British detective sergeant to command those 400 overseas officers, and she did it magnificently. So I do not underestimate the merits, experience and legacy of working overseas—but it is too narrow an issue to be prescriptive as of today in relation to chief officer posts. It is a laudable aspiration, but let us not make it a prescriptive requirement of being a chief officer.

On the second amendment, on the parochial point about not being promoted from within the one force, I raised that point at Second Reading, as a very serious unintended consequence of police and crime commissioners. One of its great strengths and merits is its very parochialism and local focus—but that is an enormous downside with regard to the selection of chief officers. A couple of months ago, I tabled a Written Question that was answered by the Home Office Minister. I asked how many chief constable promotions over the last year came from an outside force and how many were internal promotions. As the noble Lord, Lord Dear, said, those internal promotions only a few years ago would not have been technically possible; they would not have been allowed by the Home Office or the inspectorate. The answer was that the overwhelming majority of all the appointments of chief constable over the last few years have been internal. Very few have been external appointments—and so good, aspiring, young police officers will not seek to apply any more for those posts.

The movement between forces has now virtually stopped. There is an acceptance that police and crime commissioners will appoint only their sitting deputies and will not consider other candidates. The Government, the inspectorate and the Home Office must find some remedial mechanism which interdicts that process, encourages movement and ensures that the best people are promoted. I do not really mind what the mechanism is, but we need to face up to the challenge and the mischief that is currently happening—we are shrinking the gene pool of talent at the very top levels of policing.

On the final amendment from the noble Earl, Lord Attlee, I support broadly what he is aspiring to do, which is to have clearer ideas and objective measurement of leadership. That must only be a good thing.

The motivation for all the amendments in this group—three from the noble Earl, Lord Attlee, supported by the noble Lord, Lord Dear, and one from the noble Lord, Lord Blair, and me—is to ensure the best possible senior police leadership with appropriate skills and experience. We are where we are—we will not be able to unpick what has happened quickly. My support for the amendment of the noble Lord, Lord Blair, is about facing up to where we are. There is a growing acceptance that outstanding candidates no longer need to start their police careers as constables or to progress through all the police ranks before serving in the most senior ranks.

The noble Lord, Lord Blair, and I, in our amendment, provide for the possibility of an outstanding external candidate with no police experience being considered for the roles of commissioner, chief constable, or Director of the National Crime Agency, if the Secretary of State is so minded, but after he or she has taken advice from Her Majesty’s Chief Inspector of Constabulary about the candidates who are available and willing to be considered, as well as any external candidates. But being commissioner or chief constable is about more than being an able leader or an able administrator. It is also about very specific command and control within policing. It is about life and death authority over the use of complex legal powers and authorities, which become more and more important as terrorism becomes more of a threat in Europe. It is about setting professional standards of integrity and performance, based on very detailed understanding of police culture, capabilities and weaknesses. While an able General, Admiral or former Permanent Under-Secretary, for example, can bring enormous leadership and administrative skills, they will be at a disadvantage initially in not understanding or knowing some of the cultural, professional and technical issues that face policing.

I acknowledge that we are where we are. The gene pool of police leadership should and must be improved. Ideally, it would be through taking some of the best from history, recognising where we are now, and moving forward in the way that the noble Lord, Lord Dear, indicated. But, in improving it, we should not do so in a way that trivialises relevant police experience or demoralises able men and women who have already embarked on police careers. Some have very recently come in as direct entrants at superintendent level and have aspirations and expectations to rise to the most senior posts in the service. I hope that the Minister will acknowledge that while room and encouragement should be given for exceptional candidates without a policing background to be brought into top police posts, more effort should now be put into developing, as soon as possible, able men and women who see policing as a career that occupies much of their professional life, building on the current schemes for direct entry at various levels up to and including that of superintendent.

I am approaching almost my 50th anniversary of being around policing. I am very proud to have been a police officer. Like the noble Lords, Lord Dear and Lord Blair, I am a product of the system that was described. Some people crassly call for leadership to be helicoptered in from almost anywhere. This is not about education. I am an Oxford graduate, as is the noble Lord, Lord Blair, and the noble Lord, Lord Dear, is a Cambridge graduate. The current commissioner is an Oxford graduate. As I say, this is not about education. If it is about performance, past police leaders have outperformed on courses such as those of the Royal College of Defence Studies and the Cabinet Office Top Management Programme, on which I was sent by Prime Minister Thatcher. So there is a legacy of police leaders competing with, and outperforming, their peers and contemporaries in the military, in public service and the private sector.

However, this issue is not about that. In some cases, I fear that it becomes almost a pernicious class argument. As the noble Lord, Lord Dear, hinted, I worry that we are going back to the good old, bad old days—the pre-war thinking that not enough commissioners or chief constables have spent enough time in some of the best public schools. It is so sad when the argument boils down to that. This is really about trying to get the best leadership in policing, I hope that the Government, the Home Office and the Chief Inspector of Constabulary will put their heads together to help us find a way through this, because the direction in which we are going will not enhance police leadership; it will weaken it.

[Lord Rogan (UUP)]

My Lords, the PSNI has a requirement that before potential chief constables are appointed, they have to serve—I think for one or two years—in a force other than one in Northern Ireland. Perhaps that requirement could be introduced in the rest of the UK.