Police Reform and Social Responsibility Bill

Debate between Lord Herbert of South Downs and Lord Walney

Wednesday 30th March 2011 Commons Chamber

[Nick Herbert]

If the hon. Lady will forgive me, I will not give way; time is short.

I raised such a risk in questioning the DPP, but he made it clear in his evidence that

“the decision is the decision of the Director of Public Prosecutions, taken independently.”

He added that consultation between the DPP and the Attorney-General, which is regular,

“acts as no inhibition on the independence that I would bring to the decision. At the end of the day, the decision is mine, it is independent and it is reviewable.”––[Official Report, Police Reform and Social Responsibility Public Bill Committee, 20 January 2011; c. 124-130.]

As my hon. Friend the Member for Cambridge (Dr Huppert) pointed out, the DPP also said that there are powerful public interest reasons to prosecute in a case that has satisfied the evidential threshold.

The necessity for the provision has been questioned on two grounds. It is said that the sort of people whom it is designed to safeguard are already covered by immunity. Although this is true of some of the visitors against whom arrest warrants have been sought in the past, it is not true of all. Immunity from criminal jurisdiction applies to certain Ministers, and warrants have been sought against Ministers not covered and those who are not Ministers at all.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Will the Minister give way?

[Nick Herbert]

I am sorry. I do not have time.

It is said, too, that few warrants have been issued in universal jurisdiction cases, but the problem lies in the perception that a person who is not a British citizen, does not live here, and indeed has no connection with this country apart from being present here, might be at risk of arrest for a very grave crime where there is no prospect of a viable prosecution. That such an occurrence is rare misses the point. The fact is that people who are, or have been, in leading positions in their countries, with whom the Government would wish to engage in discussions, may be discouraged from coming here. That is our concern. That, in turn, creates a risk of damaging our ability to help in conflict resolution or interfere with foreign policy.

Amendment 154 would require special units to be set up in the police and the CPS. The responsibility for investigating universal jurisdiction cases lies with a specialist unit of the Metropolitan police. That unit has the specialist skills and expertise required to conduct those cases, or to decide that an investigation in this jurisdiction is not warranted or feasible. The unit is best placed to evaluate the prospects of being able to protect witnesses or secure their evidence at any trial, identify an individual responsible for the particular conduct to the criminal standard, and deal—

Firearms Control

Debate between Lord Herbert of South Downs and Lord Walney

Monday 20th December 2010 Commons Chamber

[Nick Herbert]

I certainly agree that it is necessary to review the gun laws, as the Home Affairs Committee has done, and to consider whether sensible measures might be taken to improve them and, in specific areas, tighten them. I am not sure whether I agree with the hon. Gentleman’s implication that there needs to be a wholesale change in our gun laws that would restrict the legitimate ownership of guns, because most incidents relate to illegal ownership, and I believe that that is where we need to focus our enforcement activity.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

The Minister knows that a review by the Select Committee is not the same as a Government review of this matter. What are the Government doing?

[Nick Herbert]

With the greatest respect to the hon. Gentleman, we have said that we will take on board the Select Committee’s recommendations, which were published only today, and that we are considering the matter very carefully. I will speak in a moment about a measure that has already been introduced, and I will give a broad indication of an early response to the Select Committee report. There has also been a review by the Association of Chief Police Officers. The Government have certainly responded to the incidents that have taken place in Cumbria and Northumbria, but I believe that we are doing so in a careful and considered manner.

Oral Answers to Questions

Debate between Lord Herbert of South Downs and Lord Walney

Monday 6th December 2010 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

5. What assessment her Department has made of potential links between police officer numbers and levels of crime.

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

There is no simple link between police numbers and crime—[Interruption.] What matters is how officers are deployed. Our aim is to reduce costs and bureaucracy to ensure that resources can be directed to the front line.

[John Woodcock]

Does the Minister understand how quickly he has seemed so completely out of touch with the reality on the ground? Every community up and down the nation will understand that more police on the street make people feel safer and that it has contributed to a lowering of crime over the past decade. Will he take this opportunity to retract his statement?

[Nick Herbert]

Surely the test of an effective police force is what we are doing with those officers. The report by Her Majesty’s inspectorate of constabulary, which I am sure the hon. Gentleman has read, pointed out that only 11% of a police force’s strength is visible and available at any one time. That number is too low. There is a problem with the bureaucracy that the previous Government created and that we have to deal with.