Ian Puddick (Internet Crime)

Lord Herbert of South Downs Excerpts

Thursday 7th July 2011 Commons Chamber

[The Minister for Policing and Criminal Justice (Nick Herbert)]

First, let me congratulate my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) on securing the debate, which it is a pleasure for me to respond to on behalf of the Government. I know of his long-standing interest in these issues, particularly on ensuring that freedom of expression is protected and I fully understand why he seeks to raise his concerns about the case of his constituent, Mr Ian Puddick. I appreciate that my hon. Friend seeks to put the case for his constituent very forcefully, which he has certainly done.

I know that my hon. Friend understands that Ministers do not have a role in commenting on or interfering in specific cases, but it is important to restate that point. In this country we have a principle of operational independence for the police and it is very important that Ministers do not seek to direct police investigations or to comment on them improperly. However, it is also very important that we have a proper system of accountability for the police and their actions in relation to the law and more widely. I will return to that point. I am afraid that I cannot therefore comment on the legal aspects of this individual case, but I understand that the City of London police took the allegation of harassment against Mr Puddick very seriously and that it was investigated in line with national procedures.

I also understand that the City of London police received a complaint last September relating to the conduct of officers involved in Mr Puddick’s arrest on suspicion of harassment in August 2009. Following a thorough internal investigation the force’s professional standards directorate found no misconduct. Mr Puddick was informed of that decision last December and had the right to appeal to the Independent Police Complaints Commission. I do not know whether he has pursued that course, but my hon. Friend might wish to contact him and help him in that regard. We have a formal complaints procedure whereby the conduct of police forces can be properly investigated precisely to deal with situations in which people feel they have been improperly treated by the police. Having the IPCC means that such complaints and police forces can be independently investigated quite separately from Government, as is proper, but there might be reasons why Mr Puddick has not taken that course.

[Mr Burrowes]

I am grateful for the Minister’s response and I will certainly follow up the details of my constituent’s complaint. My presumption is that the progress of his complaint was subject to the fact that proceedings were ongoing, but they have recently been concluded and he will now be able to pursue many avenues. The problem he has probably encountered is that his complaint is not like usual complaints about how people have been treated in detention or on arrest, but is more of a systemic issue about an operational decision that was taken, and so he might find it harder to get to the truth. I therefore invite the Minister to make inquiries into why, given the facts of the case, the decision about Operation Bohan was taken.

[Nick Herbert]

My hon. Friend is seeking to draw me into precisely the sort of comment about individual investigations that I am prohibited from making. Nevertheless, I will say that it strikes me that this case would merit an appeal to the IPCC. I might be wrong about that and will ensure that I follow up the debate by sending him formal advice on whether that remains an option for Mr Puddick.

My hon. Friend referred to the involvement of counter-terrorist officers in the case, which the media also reported on. I can confirm that the investigation was run by the force’s major investigation team, which, although it was set up primarily to deal with major crime, occasionally deals with cases outside its remit to relieve pressure on other departments within the force. The team sits within the force’s serious crime and counter-terrorist directorate, which might explain the confusion and the suggestion that counter-terrorist officers were involved in the investigation.

I know that my hon. Friend will agree that, when the police receive an allegation of a crime, they should consider it properly. Indeed, they are required within the rules set out to record it. The offence of harassment can cause the victim great distress, and the police are committed to responding in a timely manner when they receive such reports. My comments in this respect are not to be taken as an endorsement of the police action in this case, but I think that we would all agree with the general principle that it is proper for the police to respond to and investigate such claims.

The internet has hugely enriched our lives and every Member of the House is fully aware of its potency, but it can also be a useful tool for those seeking to abuse and intimidate their victims, and it is a source of particular concern to the Government that a new opportunity for crime has been created through cyber-bullying, cyber-stalking and such harassment of victims. The abuse can continue for long periods, with no refuge for the person on the receiving end of the harassment, and can involve a much bigger audience, with more people becoming accessories to the harassment by forwarding offensive messages and images, making it difficult to identify the perpetrator. For all those reasons, the Government are very concerned about the growth of this form of criminality and are seeking to deal with it.

Let me be clear that we have no plans to block legal internet content or websites. Our view on published material is that it is important to strike a balance between freedom of expression and protection of the public and that it should be proportional to the potential harm that might be caused. In other words, it is important that the action we take, and indeed the action of those who enforce the law, is proportionate, which is precisely the word my hon. Friend used. We are making progress in this area and there will be a ministerial seminar next week on personal harm on the internet, which will focus on the two key themes of cyber-stalking and hate crime. It is important that we continue to make progress in this area. Nevertheless, I strongly agree with the principle of equality before the law, as my hon. Friend set out. It is important that police forces in this country are impartial and act without fear or favour, and he is right to restate that principle.

My hon. Friend is correct to say that I am big on accountability, and so are the Government. We seek to ensure that police forces are accountable—of course—to the law for their actions, and they are in the case before us. I mentioned recourse to the IPCC, and should Mr Puddick believe that the police behaved unlawfully in his case he also has recourse to legal action. I make no comment on whether that is the case, but the police are not above the law.

The police should also be accountable for their actions, and we seek to strengthen the democratic oversight of policing, but that does not extend to interference in operational independence, because that principle must remain. We are, however, going to give directly elected police and crime commissioners an important role in the oversight of police complaints—not to receive complaints directly, because that will still be a matter for the IPCC, but to ensure that forces generally deal with complaints properly.

I regret that that measure will not be applicable to the City of London police, because it is the one force to which we will not be introducing directly elected police and crime commissioners, but I am sure that the force itself and the authority that holds it to account will watch carefully the developments in our legislation.

On the cost of the investigation, my hon. Friend cited the sum of £1 million. I am not sure whether he thought that that was the cost of the police investigation and the Crown Prosecution Service investigation, but the City of London police state that the £1.5 million cost that was ascribed to the investigation was very wide of the mark. I am not able to respond to his suggested cost for the combined operation of the police and the CPS, but I am happy to ask that the City of London police and the CPS provide that information to my hon. Friend. Importantly, the CPS would of course have had to agree to the charges that were brought before the courts and, in doing so, have taken the view that a prosecution was in the public interest, so the actions that were taken were a matter not just for the police, but for the CPS.

Without trespassing further on the detail of the case, I fully understand my hon. Friend’s concern about the matter and, indeed, respect the fact that he has brought it to the attention of the House. I hope he understands that I cannot interfere, but I hope also that I have provided some useful information.

[Mr Burrowes]

I am grateful for the Minister’s response. He will be aware, because I have raised the matter with him before, and agree that what is needed among other things in our justice system is information. Indeed, in the words of the victims commissioner, relentless information is a real driver of change and of accountability, and one aspect of that is the reporting of magistrates court cases, which often go unnoticed. I have raised two examples, but in that area as in others the benefits of more information will raise the stakes on accountability and ensure that Ministers are as aware as others of whether there is a prevalence of such cases and of the actions that could lead to criticism and to operational changes.

I therefore ask the Minister to have an eye for that, as well as just to—

--- Later in debate ---

[Mr Burrowes]

I will just raise one other matter concerning internet crime, which is the subject of the debate. I welcome ministerial involvement in the seminars on hate crime, which is a real concern. There is a particular prevalence of anti-Semitism on the internet, and I know that Ministers are taking on work from the previous Government in that area.

[Nick Herbert]

I strongly agree about the importance of transparency. The criminal justice system is relatively opaque, but this week the Government have announced further moves to increase transparency. One area in which we wish to do that is the criminal justice system, and I am working on such proposals because I believe that justice must be seen to be done. I hope that my hon. Friend will take a continuing interest in that and will encourage us in our efforts.

I am grateful to my hon. Friend for supporting our action on hate crime, and I know that he understands the importance of dealing with it. In respect of this case and the issues that my hon. Friend raises, it is very important that we and the law strike the appropriate balance. Free speech is an important freedom that must be protected to the greatest extent possible, but it cannot be permitted if harm is done to others. The law exists in order sometimes to curtail the operation of free speech where such harm may be done. That is why we have a harassment law. It is right that our law enforcement agencies focus on areas where people may be bullied, harassed or subject to intimidation and threats, and that includes through the new medium of the internet. It is appropriate that our law enforcement agencies take action according to the laws that have been set out by Parliament. It equally behoves those agencies to behave in a proper and proportionate manner.

Question put and agreed to.