Crime and Courts Bill [HL]

Lord Dear Excerpts

Monday 28th May 2012 Lords Chamber

[Lord Dear]

My Lords, I am very conscious that we are now four and a half hours into Second Reading and, batting as late as I am, pretty well everything that one wanted to say has been said. I will try to keep my remarks very brief and perhaps put a change of emphasis on some of the points that have been made. I want to address the National Crime Agency—no surprise, perhaps—and say just a little about community sentencing and drug-driving. I had quite a lot written down about courts but I will leave that to the succeeding stages in your Lordships’ House.

I declare an interest in that I served in the police service in England for many years. With particular regard to what I want to say tonight, I had a lot to do years back with the regional crime squads, then the National Crime Squad and the National Criminal Intelligence Service—all of which were rolled forward one way or another into SOCA, the Serious Organised Crime Agency—and for a while I worked very closely with the Federal Bureau of Investigation, and I want to mention that agency very briefly as well.

As we know, the NCA has four major commands: organised crime, border policing, economic crime and CEOP, the Child Exploitation and Online Protection Centre. The noble and learned Baroness, Lady Butler-Sloss, quite rightly made great play of the seriousness of people trafficking, particularly child trafficking within that insidious, growing, serious and very lucrative trade. There is nothing amiss about that not being mentioned in the Bill; I hope that, in winding, the Minister will reassure me that it will be encompassed by the new National Crime Agency. Of course, there is no specific mention either of cybercrime, the trafficking of drugs, arms or antiques and valuable works of art or the moving of high-value mechanical plant and motor vehicles, all of which cause immense distress, are highly lucrative to criminal organisations—

[Baroness Butler-Sloss]

Forgive me for interrupting the noble Lord but I was not criticising the Bill, I was criticising CEOP’s letter, which did not refer to trafficking as part of the job it had to do.

[Lord Dear]

Thank you for making that point clear.

All those crimes are not in the Bill. I would expect to find them addressed within the rubric of the National Crime Agency and will look for reassurance on that. The one thing that I raised an eyebrow over was the apparent lack of corporate management or governance procedures in the Bill, and I think we might explore that in Committee. It seems odd that an agency as potentially powerful as this one should be able to operate directly under the Home Secretary without some sort of non-executive agency—can I put it in those terms?—to oversee it.

The press are already labelling the NCA as the FBI. Those of us who know anything at all about the FBI realise that it is a very different body, both constitutionally and organisationally, from what is proposed for the NCA. Yet there is an article, already referred to by the noble Lord, Lord Prescott, who is not in his place at the moment, in today’s Daily Telegraph, headed: “A British FBI won’t make us any safer”. It is an interesting article, written by John Yates who until recently was head of counterterrorism for the country and indeed a senior officer in the Metropolitan Police. It is a strange article that I commend to your Lordships although they might find, as I did, that it is something of a curate’s egg. What made me really concerned was that it seems to be some sort of plea for the Metropolitan Police to retain the counterterrorism lead in the country.

I should say immediately—having served in the Metropolitan Police and dealt with counterterrorism from a provincial force looking to the Met—that I have the highest regard for everything the Metropolitan Police has done in the past and continues to do in counterterrorism. It has a worldwide reputation for protecting us from terrorists and, if the protection fails, for then dealing with terrorism offences very well and successfully. I hope that this article is not the beginning of a turf war between police forces—some sort of demarcation dispute and parochialism—because we have seen from time to time, not necessarily with the Met but throughout the police landscape over the years, occasional examples of that: “It’s my ground and I am going to defend it”. If in the future, and it may be a long time away, the evidence was there to move the counterterrorism command away from the Met and into another agency, the ability to move it into the NCA might be a very sensible view.

There is a huge threat, and we have talked about it before: cross-border crime in the United Kingdom, cross-border internationally—you could almost call it pan-global and that would be accurate. The threat, as the noble Lord, Lord Wasserman, has already said, is far too big for individual forces to deal with, no matter how big some of those forces are. We have seen before, and I think this should go on to the record, examples of police forces that have denied the will for successful operations to crime squads, preferring to look at their own problems on their own ground and not to co-operate across borders for the greater good, although that is not true all of forces. That is rare but it does happen and could in future. The threat will continue to grow, make no mistake about it, and the NCA will grow over the years. There is plenty of scope in the Bill for co-operation between forces and between forces and the NCA. There is a raft of operational powers available but the director-general, as we have seen, has to be able to direct in extremis. The point was made in the Minister’s opening remarks that the powers to direct will be used sparingly but they have to be there, and I would defend that posture very fiercely indeed.

We have heard a lot in your Lordships’ House about the tensions that undoubtedly will exist between the police and crime commissioners and the chief constables on the one hand and the National Crime Agency on the other—localism. I said just a year ago when we were discussing the Bill that launched the concept of PCCs that a constructive tension between the PCC and the chief constable was a good idea; there has to be balance. There also has to be a constructive tension also between the localism of police forces—PCC and chief constable together—and the NCA. I do not see any way around it. It surprises me that nobody else in your Lordships' House has mentioned that every single western democracy—at least to my knowledge—has a two-tier policing system. I cannot think of one that does not have a national organisation of some sort and a local web of organisations as well. How they relate varies, but they still have the two. If one tries to knock down the concept of the NCA, the two alternatives that are left seem equally undesirable. One is to have a purely local police service, taking no account whatever of national and international pressures; the other is a national police force, which I do not necessarily espouse. Scotland will have a national police force shortly, but Scotland is smaller and, if I may say with the greatest respect to Scotland, the range of problems there is probably smaller than it is in England and Wales. If you recognise that there has to be a national entity of some sort, you are three-quarters of the way towards accepting the necessity for the NCA.

We did not mention Clause 23 in the early part of this Second Reading, but several of your Lordships have since done so. The noble Baroness, Lady Linklater, gave us a compelling argument for everything around Clause 23. The Bill is of course very light on detail—we are waiting for that to come; there is nothing in the explanatory document to help us on that. I sincerely hope that when we get down to the detail of Clause 23 we will see an enhanced role for the probation service working in conjunction with voluntary organisations. I am sometimes asked by people who believe that I know far more about policing than I really do, “What would you do to really help the police?”. I tend to say, “If you really want to help the police, stiffen up and make really efficient the probation service, because in doing so you will stop the revolving door or slow it down. You will drastically cut recidivism; you will stop repeat offending; and that at a stroke would help policing and society no end”. Out of Clause 23, I hope to see emerge a discussion that takes us somewhere along that line.

I know that the noble Viscount, Lord Simon, is going to say quite a lot about drug-driving. I shall not try to steal any of his thunder other than to say that this matter is long overdue for addressing. It is exactly two years since the publication of Sir Peter North’s report, identifying that the problem was perhaps even more serious than we first thought; pointing out, as we already knew, that it was very difficult to prosecute drug-driving under the existing law; and recommending the creation of the offence of driving with a controlled drug above a specified limit. We should look at the specified limit in Committee, because, in December 2010, the Transport Select Committee put that to one side and recommended zero tolerance. The difference between specified limits and zero tolerance is considerable. It seems to me rather odd that drink-driving, using a legal substance illegally in a car, should be very different from drug-driving, where you are using ab initio an illegal substance before you get into it. We will need to keep our options open on zero tolerance.

I have spoken for too long. I commend the thrust of the Bill, I support the concept of the NCA and I look forward to being involved both in Committee and on Report.