Anti-social Behaviour, Crime and Policing Bill

Lord Paddick Excerpts

Wednesday 4th December 2013 Lords Chamber

I share the deep alarm that has motivated my noble friends in proposing this new clause and the deep concern of the Angelus Foundation, parents and all of us, but I do not think that this proposed new clause is the right way to go.

[Lord Paddick (LD)]

My Lords, to explain the background to the comments that I am about to make, as most noble Lords will know I was a police officer for over 30 years and have seen things from the enforcement side. However, a few months ago a former partner of mine in his early 40s, to whom I was still very close, took an overdose of an illegal drug and died. Hopefully, noble Lords will realise that I am not biased one way or the other on this issue, bearing in mind recent events.

Obviously, I welcome the opportunity to debate this issue, and I therefore welcome the amendment tabled by the noble Baroness, Lady Smith of Basildon, and the noble Lord, Lord Rosser. However, I have to agree with the noble Lord, Lord Howarth of Newport, the noble Baroness, Lady Meacher, and my noble friend Lady Hamwee that this is not the way to reduce harm. My professional experience has taught me that young people in particular—though, as I say, my former partner was not particularly young, but then everything is relative—take no account of whether or not a drug is illegal, particularly bearing in mind the discredit that has been cast on the system of drug classification, where very harmful drugs are in a lower category and far less harmful drugs are in a higher one. They certainly do not pay any attention to what class any illegal drug might be. As far as I see it, the evidence that cannabis use has been reducing, for example, is the result of information in the media about potential harmful medical effects of cannabis. That is what has really had an effect on people’s attitude towards that drug, not whether or not it is illegal or indeed what class of illegality it is in.

This is a very difficult issue to deal with. As we know, particularly with regard to legislating, all that the manufacturers do is slightly alter the compound whenever a drug is made illegal, as previous speakers have said. Clearly we need to allow our young people to know exactly what the effects of these sorts of substances are and try to persuade them not to take them, bearing in mind that most young people pay no attention to whether or not they are illegal. We should therefore put far more emphasis on and resources into education and far less into enforcement, let alone into making yet more substances illegal.

[Lord Taylor of Holbeach]

My Lords, I welcome this opportunity for debate. The quality of speeches that we have had has shown that the House is good at debating issues of this type; indeed, my noble friend Lord Ahmad took a debate only recently on this subject. It is a good thing that we are reviewing policy in this area. As the noble Lord has explained, these new clauses seek to address the open sale of new psychoactive substances.

--- Later in debate ---

[Lord Condon]

My Lords, during my time as commissioner, I argued strongly for a fully independent and well resourced police investigation process. I have maintained that position since my retirement and I entirely support the motivation behind these amendments. However, I have concerns that Amendment 56QZF, in particular, is too prescriptive in the timescale available and that the notion of having 75% of investigators with a non-police background by January 2017 might, perversely, have the reverse effect of its intention. If it is a prescriptive requirement to get to that point, it may be tempting to employ people as investigators who are not adequately trained or have the right background to investigate these most serious and complex allegations. While admiring the intentions behind these amendments, I have concerns about the practicality of the timescales. I urge caution about such a prescriptive requirement.

[Lord Paddick]

My Lords, I will add to the comments of previous noble Lords in support of my noble friend Lady Doocey and the noble Lord, Lord Harris of Haringey. As I said earlier, 30 years’ experience in the Metropolitan Police left me wondering whether the Independent Police Complaints Commission was truly independent. We have seen recent cases where the IPCC has not only apparently not been particularly independent but has not understood when a case is serious. It was only after officers had given evidence to the Home Affairs Select Committee about the meeting between the former Chief Whip and Police Federation officers that the IPCC decided that the case was serious enough to take on as an independent investigation rather than referring it back to the police to investigate themselves.

Another less well known case is that of former officers in the Metropolitan Police who have complained about the way in which the Directorate of Professional Standards conducted an investigation against them. A complaint made to the IPCC was referred back to the Directorate of Professional Standards in the Metropolitan Police for it to investigate itself, which does not give much confidence to members of the public that things are being independently investigated. Clearly, having a former constable as the director of investigations—somebody who is controlling how investigations are carried out—does not appear to me to inspire confidence in the public that the IPCC is independent.

I agree with the noble Lord, Lord Condon; bearing in mind that he used to be my boss, it would be rude of me not to agree with him, and I notice nods from the other former commissioners who are in their place. However, I will say that I spent 15 years in uniform and was made an instant detective chief inspector overnight, such was the need at a certain time in the history of the Metropolitan Police. I received a visit some weeks later from my detective chief superintendent, who said, “Now you know what the secret is”—that there is really nothing much to being a detective.

I agree that the timescale set out in my noble friend Lady Doocey’s amendment may be ambitious but it is something that we need to aspire to in order give the public confidence. I am sure that there are people in other walks of life, such as former customs officers, who have not only the skills but the experience to investigate these sorts of issues. People who have not had previous experience of investigations could be given the necessary training to carry out effective investigations into alleged police malpractice.

[Lord Tyler (LD)]

My Lords, I apologise to my noble friend Lady Doocey for not being present for the first minute or so of her speech. She caught me out by moving faster than I anticipated and I apologise, too, if she made this point, about the general reputation of the police service. I have some past experience, as a member of a police authority for some six years and then as constituency Member of Parliament. I had to deal with not only the police service but occasionally of course, unfortunately, with the IPCC as well.

The police service itself would welcome a greater sense of independence from the IPCC because there is a perception—we all know in politics that the perception is very often more important than the reality—that there is an overcosy relationship between the police service and the IPCC that is almost incestuous. The case that has been made on all sides of the Committee for reinforcing the IPCC’s degree of independence is extremely important, not just for the reputation of the IPCC itself but for the overall reputation of the whole police service, which, as we all know today, is questionable. It is sad to say but, for those of us who rate the police service very highly and have a great respect for it, its reputation for integrity is not as great as we would like it to be. There would be support from within the service for a greater sense of independence between the IPCC and police officers themselves. On that basis, I hope there will be a very sympathetic response from the Minister.