Former Chief Constables: Gross Misconduct

Lord Lexden Excerpts

Monday 22nd May 2023 Lords Chamber

Asked by

[Lord Lexden]

To ask His Majesty’s Government how many former chief constables are awaiting police gross misconduct hearings.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, since 2020-21, the Home Office has substantially increased the data that it collects and publishes on police misconduct as part of the police misconduct in England and Wales statistical bulletin. It is working closely with the sector to improve the overall quality and consistency of the data that it collects. This does not include cases which have been referred to misconduct proceedings where those proceedings have not concluded.

[Lord Lexden (Con)]

My Lords, how can it possibly be right for former Chief Constable Mike Veale to have been able to dodge a gross misconduct inquiry in Cleveland for almost two years, while tarnished officers of lesser rank have been brought to account? May I remind the House that arrangements for the Veale hearing in Cleveland were the sole responsibility of a legally qualified chair, whose name is unknown, even though the law does not permit this individual to remain anonymous. What does that say about public accountability of the police in Cleveland? Finally, when I met my noble friend the Minister and Mr Chris Philp, the Policing Minister, recently—I thank them for that meeting—I made it clear that, unless the mysterious chair has now fixed a date for the start of the hearing, I would call on the Government today to use their reserve powers under Sections 79 and 91 of the Police Reform and Social Responsibility Act 2011 to end the impasse. Is it not time that this matter was finally resolved?

[Lord Sharpe of Epsom (Con)]

My Lords, the law is not being flouted. Arrangements for the misconduct hearing of the former Cleveland chief constable Mike Veale are a matter for the Cleveland PCC and not the Government. Any questions regarding who has been appointed as the independent, legally qualified chair would need to be directed to the PCC accordingly. As noble Lords will expect me to say, I will not comment further on that particular case. However, in answer to the second part of my noble friend’s question, I can say that operational policing is, as he knows, not a Home Office matter—it is for chief constables—but he is correct that the Home Secretary has powers under the Police Reform and Social Responsibility Act 2011 to ensure an efficient and effective policing system that protects public safety. That includes the power under Sections 40 and 40A of the Police Act 1996. However, these are for use only when either the police force or the local policing body itself is failing or will fail to discharge its functions in an effective manner. They are very much a last resort, and we do not believe that the current situation in Cleveland requires these powers to be used, as the PCC has appointed an LQC to the panel for Mr Veale’s misconduct hearing.