Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Lord Dear

Monday 27th January 2014 Lords Chamber

[Lord Dear (CB)]

My Lords, I of course welcome the amendment. It is, as the Minister said, substantially the same as the amendment in my name on which we voted on Report. I readily agree the inclusion of private housing in the same context as social housing, which has been on the statute book for a while.

I extend a vote of thanks at this juncture, first, to those who voted in support of my amendment on Report. I am very grateful to them for helping to preserve and protect fundamental rights under the law. I thank the Public Bill Office staff, who were, as they always are, unfailingly helpful to me in the progress of the amendment through to Report. I thank the staff of the Christian Institute, who gave me invaluable administrative help in the run-up to the vote on Report. Finally, I thank the Minister for his unfailing courtesy and help in what were not always the easiest of discussions to make progress on in this part of the Bill. Those of us who have had the pleasure of working with him before will know that that is his default mode, and I am very grateful to him.

[Lord Harris of Haringey (Lab)]

My Lords, sweetness and light is clearly breaking out after a slightly more difficult passage of the Bill at earlier stages. We should all be pleased that the outcome of this has been to strike a compromise between the very real concerns that the noble Lord, Lord Dear, my noble friend Lady Mallalieu and others expressed about the original provision. That had to be balanced, as it was in debate, by the real concern about problems faced by many tenants in both the public and the private sector, and I think that the Government have sought to strike an acceptable balance. To strike the slightest of sour notes, I think it was clear that that balance had to be struck from our debate in Committee, a very full and detailed debate. Perhaps, had the Government come forward with precisely this formulation at an earlier stage, they would have avoided a defeat. I also wish that a similar attempt to try to meet the genuine concerns of noble Lords in respect of other provisions in the Bill might have borne fruit before we got to this stage.

Protection of Freedoms Bill

Debate between Lord Harris of Haringey and Lord Dear

Tuesday 31st January 2012 Lords Chamber

[Lord Dear]

My Lords, I have a good deal of sympathy with the view that the noble Lord, Lord Hughes of Woodside, has just expressed; it is a view that one hears frequently when talking to, as it were, the man on the Clapham omnibus. I rise neither to support nor to oppose the amendment at this stage. I have not checked with ACPO to see whether it would prefer a lift from three years to six, but in a straw poll it would probably agree that six years would be a help. However, it is incumbent on me to point out that ACPO has already expressed the view that it is comfortable with three years, following the Scottish model, and the ability to go further.

I wait to hear what the Minister says, but the nub of this is the question of balance and proportionality. It is necessary to follow to a large extent the judgment in Marper, which we all remember and which started this debate in the first place. What the noble Lord, Lord Lester of Herne Hill, has said is very pertinent; I drift very much towards his point of view. Still, I would like to hear what the Minister says, particularly on the question of balance, proportionality and how that affects the Marper judgment.

[Lord Harris of Haringey]

My Lords, on the same point about the balance of proportionality, I am assuming that this clause is based on a detailed and careful analysis of the evidence, so perhaps the Minister could share with the House the numbers of people who are affected in terms of their DNA samples being removed and destroyed. Over the past few years, how many individuals whose DNA would now have been removed from the database would not have been brought before the court for offences that have either subsequently come to light or where their DNA has subsequently been matched? It is incumbent on the department to place this evidence before us. That would deal with the concerns raised by the Joint Committee on Human Rights.

If in fact there is no evidence and a judgment has simply been made that three years is better than for ever, but there is no reason why it should be three years instead of five, six, seven or two, that is not a sound basis for making an extremely important decision, not least for the sanity of the victims of serious crime where the perpetrator might otherwise be convicted. It is a very unwise position for this House to be making that judgment without an understanding of the evidence.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Lord Dear

Wednesday 13th July 2011 Lords Chamber

[Lord Dear]

My Lords, we are working against the clock this evening so I will not repeat any of the powerful arguments adduced so far. I say simply that I agree with them and support the amendment.

[Lord Harris of Haringey]

This is an extremely important issue and not one that we should rush through simply because we are fed up. I am sure that I have just as much stamina as the noble Baroness, Lady Browning, although I am not required to take the whole Bill through this House. We have to consider and debate these issues seriously because, after all, that is the function of this House.

This is a problem of the Government’s own making in that, having decided that police and crime commissioners—and for that matter MOPC in London, although the issues are slightly different—have substantial, individually held powers, the question then comes: what do you do in circumstances when there is a vacancy or someone needs to act while that happens? The Government cannot have it both ways. They cannot say, “Actually, it will be okay and we can have a member of the staff of the police and crime commissioner’s office to act in this function”, and at the same time say, “The police and crime commissioners are so important and will be so busy that they have to work full time on these functions”. What are they working full time on?

They are presumably setting direction—I am sure they are not intervening in operational matters because the Government are clear that they will not be doing that. They will be providing guidance on what is regarded as important to the electorate of that policing area. Among their duties will be setting the level of local taxation. There is no other area of British public life when something that impacts on taxation is not decided by people who are elected. If the noble Baroness wants to interrupt and tell me of one that I have not thought of, I would be delighted to receive it. There is no such area.

This is one of the most important decisions and it is one that will matter very much to the public in the area concerned. The task of being an elected politician is to balance what you believe are the important aspirations that you might have for the public service concerned and how much money can readily be raised in taxation. That is an issue that this and previous Governments have struggled with, and those who are actively engaged in local government struggle with it each year. You have to make a judgment and you can make it only if you see both sides of the equation. You see the side of expenditure and you see the side of what it will mean in taxation. Only somebody who is elected will have that perspective of what the public want in terms of services delivered and what they are prepared to buy through taxation. The public are not always single-minded on these matters. We are all aware of those stresses and strains, which is all the more reason why it must be an elected politician who makes that judgment. Only an elected politician with the authority of being elected can strike that balance knowing what the electorate of the area feel.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Lord Dear

Thursday 9th June 2011 Lords Chamber

[Lord Dear]

My Lords, enough weight of artillery fire has been directed at this target to demolish it. I shall take a few moments more with my own artillery to reduce the demolished target to rubble. We are not talking about protective clothing or equipment. Clearly, that is a requirement that all chief constables always have to address. We are not talking about the adequacy of kit and, for example, putting appropriate equipment into patrol cars to cone off and properly protect the scene of a road accident, to protect not only the police officers themselves but others who are still present on the road. All of that is common sense.

The nub of this discussion is that we are not here to inhibit the voluntary assumption of risk. Medals have already been mentioned in this debate. I remind this House of the range of medals that are available not only to police officers but to members of the general public and institutions if they put themselves, as is often said these days, in harm’s way. In descending order, you start with the George Cross. Then comes the George Medal, then the Queen’s Gallantry Medal and then the Queen’s Commendation for Bravery. The circumstances in which those medals are earned will vary. One thing that is laid down very clearly as a matter of public record is the percentage of the assumption of risk. In ascending order, for the Queen’s Commendation for Bravery there has to be an assumption of a risk of 20 per cent likelihood of death. That means there are two chances in 10 that you will die if you do it, and that if you do it you accept that risk. Going up through the Queen’s Gallantry Medal and the George Medal, you end up with the George Cross, which has a 90 per cent assumption of death. Nine times out 10, if you do it you will die. That has to be assumed by the person undertaking that obligation, probably in a split second. It has to be judged in that way. It occurs to me that not only police officers but lifeboat crews, fire brigades, coastguards, the military operating outside theatres of war and certainly the police face such circumstances if not daily, certainly on a regular basis.

I repeat—because it is worth repeating—what has already been said about any chief officer who puts forward a recommendation or citation for the award of medals. I recollect putting forward six recommendations for George Medals on different occasions, all of which were granted. It means that, if you take this subject to its logical conclusion, in writing that recommendation, you are also inviting a prosecution against you for having allowed that act to take place. It has to be a nonsense.

I give one more quick example, not from high buildings or the London Underground. What about public order? Like other Members of your Lordships’ House, I have, on occasions in the past, been in control of very large, serious outbreaks of public disorder, when violence and injury were part of the scene. In those circumstances, if the senior officer, with properly equipped and protected officers, orders those officers to maintain a position—to control a road junction, for example—or to advance against a disorderly crowd, he is, by definition, inviting them to a position where they will incur injury. The case follows that they will incur injury.

I conclude by reminding your Lordships of two instances of about three years ago. The first was in the north of England when two young people died in a very large lake and the police were criticised for not going in to rescue them; I do not know the circumstances, but that was how it was reported. Around the same time, in the Thames Valley police area, a barbeque in somebody’s garden got out of hand. There was an altercation, somebody went and fetched a shotgun, and a man was shot and lay bleeding in the garden. Armed officers were called, and were told to stand off until a health and safety assessment had been made. It is said, rightly or wrongly, that the man, had he been rescued, would have lived. It is said, rightly or wrongly, that he died because he haemorrhaged to death because of the timidity of the police officers who were holding back. I emphasise that I do not know the circumstances of that incident in detail. However, I do know that there was considerable public disquiet about both of those instances, and a great deal of criticism of the police for holding back.

The public quite rightly look to the police, and other uniformed agencies, and almost expect bravery. They expect a degree of putting service before self. We should recognise that in your Lordships’ House as well. We cannot require people to be brave; it is the voluntary assumption of risk that is rewarded with the medals that I have already mentioned. However, we must not inhibit it when it would take place. We must encourage and applaud it. Anything that can be done by Her Majesty’s Government to relieve the circumstances which we have heard described today, and which still hang in the air as a possibility, would be a good thing. For that reason, I applaud and support the generality of the amendment tabled by the noble Lord, Lord Blencathra.

[Lord Harris of Haringey]

My Lords, I was chair of the Metropolitan Police Authority when the noble Lord, Lord Stevens of Kirkwhelpington, as the then Commissioner of Police of the Metropolis, was called to the Old Bailey to answer the charges. I well recall the internal impact that it had on the service, and the implications that would have followed had there been a guilty verdict.

However, the context of all of this is one of ensuring that there is a legal framework protecting the health and safety of our police officers. I do not think that anyone is arguing about the importance of doing that. When I ceased to be chair of the police authority, I took over chairing the committee of the police authority which, among other things, monitors the health and safety obligations of the police service. I am not sure where that function might fall under the new arrangements that we are talking about in the rest of the Bill.

Something that struck me powerfully was that one of the responses of the police service—and, indeed, many other organisations—to new legislation is to create an internal unit that is responsible for guidance on it all. That is often quite separate from the people who are making day-to-day operational decisions. Something that I have tried to ensure and, through the committee that I chair, now require is that each senior police manager certifies once a year that they are personally satisfied with the health and safety arrangements in the area for which they are responsible. Each assistant commissioner of the Metropolitan Police takes on that responsibility for their area. That is not really different from what the law actually says about senior managers, but it has helped to mainstream this as part of the normal, day-to-day operational decisions that any police leader would be taking.

That is the critical point. The danger is where you have a department created which says, “This is health and safety law, and this is what the rest of you in the police service must do”. That is the sort of environment in which you get some of the silly responses that you hear reported or which are alleged to have taken place. However, the way forward is to make sure that the person who has managerial responsibility takes all of these factors into account and then makes a proportionate judgment in line with the law—as was the spirit of the original legislation—to protect their own officers and the safety of the public.

I am not convinced that we should be exempting people from the legislation. I am sure that we should be making sure that the response inside each police service is proportionate and seen as a mainstream activity of senior police leaders. Most senior police leaders that I have spoken to acknowledge that uppermost in their minds all the time is not only the safety of their officers but the public’s safety as well. It is a question of acknowledging that and creating a system whereby that happens, rather than it being seen as an external imposition which then leads to some of the rather crazy anomalies that we sometimes hear about.