Police, Crime, Sentencing and Courts Bill

Lord Rosser Excerpts

Lords Hansard - part one & Committee stage
Wednesday 3rd November 2021 Lords Chamber

That is why these amendments are so important. That is why there needs to be a statutory duty of candour. If not, the culture of cover-up, back covering and misogyny will persist in the police service. I am told that a statutory duty of candour was introduced for the National Health Service and its effect was transformational, so why not for the police service? We have been slightly less ambitious in our amendment than the noble Lord, Lord Rosser, in allowing the Home Secretary 12 months to consult on this issue and bring forward legislation, but this needs to be addressed urgently. I beg to move.

[Lord Rosser (Lab)]

My Lords, I thank the noble Lord, Lord Paddick, for introducing this group and referring to his personal experiences on the issue we are debating. The amendment in my name would likewise establish a statutory duty of candour on the police workforce and is similar in effect to that he moved. It would create a statutory duty on law enforcement to act at all times in the public interest and with transparency, candour and frankness, and to assist in court proceedings, official inquiries and investigations where its activities, including omissions, may be relevant. I will be brief because the Committee is already familiar with this issue and I do not intend to repeat everything that has just been said by the noble Lord.

In his 2017 report on the pain and suffering of the Hillsborough families, Bishop James Jones proposed a duty of candour to address

“the unacceptable behaviour of police officers—serving or retired—who fail to cooperate fully with investigations into alleged criminal offences or misconduct.”

As has already been said, in June this year, the Daniel Morgan Independent Panel recommended

“the creation of a statutory duty of candour to be owed by all law enforcement agencies to those whom they serve”.

The chair of the panel, the noble Baroness, Lady O’Loan, said in this House that

“the creation of the duty of candour in matters such as this is vital for the integrity and effectiveness of policing”.—[Official Report, 22/6/21; col. 134.]

The report of the independent panel was frankly withering on the events that had influenced its recommendation. My thoughts, and I am sure those of all in the House, are with the Morgan family and the Hillsborough families, who have shown such courage and been denied justice for some three decades.

When the Daniel Morgan Independent Panel report was published, the shadow Home Secretary called on the Government to publish a detailed timetable for when the report’s recommendations would be implemented, and called for urgent action on the long-overdue establishment of a duty of candour. In answer to questions in June from Members on all Benches of this House, the Minister responded that the Government were considering the duty of candour as part of their response to Bishop James Jones’s report and wanted to engage with the families before publishing a response. In the House of Commons, the Home Secretary said of the duty of candour that

“work is taking place across Government on how those wider issues will be addressed, but, at the same time, there is absolutely no justification for delay.”—[Official Report, Commons, 15/6/21; col. 130.]

We now have before us a flagship home affairs and justice Bill from this Government in which they have found space to prioritise offences against statues and being noisy while protesting. Where is the prioritisation of the reforms needed in light of these failures of justice? What engagement has occurred with the Hillsborough families and the family of Daniel Morgan since June? Can the Minister confirm tonight that the Government will accept the recommendation for the duty of candour? How developed are the Government’s plans to bring forward reform, and when can Parliament expect to see legislation?

It is for the Government to ensure and prove to both the families and the public that these appalling failures of justice can never happen again. Frankly, it is time for the Government to cease dithering; it is time for the Government to act.