Police (Complaints and Conduct) Bill

Lord Taylor of Holbeach Excerpts

Tuesday 11th December 2012 Lords Chamber

Moved by

[Lord Taylor of Holbeach]

That the Bill be read a second time.

Relevant documents: 8th Report from the Constitution Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, I beg to move that the Bill be now read a second time.

It is important that we remember why we are here today: the tragic events of 15 April 1989 resulted in the deaths of 96 innocent men, women, and children— 96 lives lost, and 700 people injured, many seriously. For those who survived, and those whose family members did not come home that day, the events that unfolded at Hillsborough changed their lives for ever. We must never forget that fact. Yet we are here today, 23 years on, still seeking justice—23 years of hurt and grief for the families, of not knowing the truth; 23 years suffering lies, rumours and innuendo in the media; and 23 years of the authorities actively obstructing the truth, by lying, amending statements and shifting blame for those tragic events on to the fans themselves. That is the “double injustice” to which my right honourable friend the Prime Minister referred. That is why we have brought forward this fast-track legislation: to help to tackle this double injustice.

The truth about the terrible events of that day is now known. The independent panel, chaired by the right reverend Prelate the Bishop of Liverpool, published its report in September. I take this opportunity to record our thanks to the right reverend Prelate, and the rest of the panel, for their dedication and hard work. It has provided the foundation for us to move this issue on. Its work has not only exposed the truth about Hillsborough but helped to keep the needs of the families to the forefront of all our considerations.

I shall not detain the House by thanking the many individuals who could be singled out for their efforts, but I will mention the right honourable Member in another place, Mr Andy Burnham, without whose dedicated work the panel would never have been set up. Most importantly, before I move on, I put on record my thanks and deepest respect to the families and friends of the 96 victims of the disaster, and to the survivors. I was privileged to meet some of their representatives, whose dignity and dedication to the truth is truly inspirational.

The truth exposed in the panel’s report is both shocking and disturbing. The safety of the crowd was “compromised at every level”, the ground was inadequate, and earlier warnings of the potential for disaster had not been acted on. Once the disaster started to unfold, the correct action was not taken, and the emergency response was poor. Then, in the aftermath, the authorities responsible for protecting the public and exposing the truth made a concerted effort to conceal the truth. Statements and evidence were altered. The original inquests were flawed. Attempts were made to shift blame on to the fans themselves, implying that drunken behaviour was at the root of the tragedy.

To understand the extent of the attempted cover-up is a chilling experience, but it is vital that this truth is known so that, after 23 years, we can be sure that it is not the end. For the families who have suffered years of injustice, simply knowing the truth is not enough; we now need to move from the truth to justice. It is for this reason that we have brought this Bill before the House today.

Following the publication of the panel’s report, the Independent Police Complaints Commission announced that it had launched an investigation into the panel’s findings. That is a vital step in the transition from truth to justice and accountability. The IPCC investigation will look into the conduct of all officers at Hillsborough on 15 April 1989 and all those involved in subsequent investigations. It is important to note here that the investigation will look at matters of both misconduct and possible criminality. It will consider the actions of officers currently serving with the police and those who have subsequently retired. The investigation into the Hillsborough disaster will be on an unprecedented scale for the IPCC, which estimates that 2,400 officers could be within its scope. We recognise the additional burden that an investigation of this scale places on the commission and we have made a clear undertaking to provide it with both the resources and the powers needed to conduct a thorough and transparent investigation into the panel’s findings.

Since the independent panel published its report in September, the Home Secretary, my fellow Ministers and officials have been in close contact with the IPCC. The IPCC has made clear that, in order to fulfil its obligations in the Hillsborough investigation, it needs two additional powers and it needs them urgently. Those are the two powers contained in the Bill. There have, of course, been ongoing discussions between the Home Office and the IPCC for some time regarding the powers that the commission has and whether they are sufficient. I should be very clear on this matter: those discussions are still continuing. Should it become apparent that the IPCC needs reform or further additional powers in relation to its regular, day-to-day functions, then the Government will act. If legislation is required, we will bring it forward. The fact that we have introduced this fast-track Bill is testament to our dedication to ensuring that the IPCC has the powers that it needs to function effectively.

However, those questions of wider reform are not for today. The IPCC has been very clear; it needs the two additional powers contained in the Bill in order to conduct as thorough and comprehensive an investigation into Hillsborough as possible. In order to fully investigate the tragic events of the disaster, the IPCC is clear that it will need to hear from those officers involved on the day and in subsequent investigations. The commission already has the power to call serving or retired officers to give evidence where the officer is a subject of the investigation. Officers suspected of misconduct or criminality are already required to attend an interview when they are called. However, the IPCC needs to hear from a wider range of officers; perhaps those who were simply at Hillsborough on the day and who may have witnessed conduct that the commission needs to be aware of, such as colleagues altering statements. The testimony of such witnesses will be vital to the IPCC investigations into Hillsborough.

Clause 1 extends the existing power, which compels officers who are themselves the subject of an investigation to attend the interview. The clause will provide that serving officers and police staff can be compelled to attend as witnesses. This can bite when the interview arises as part of any investigation managed by, or independently undertaken by, the IPCC. This power will apply to officers in Home Office forces and other policing bodies, such as the British Transport Police and the Civil Nuclear Constabulary. Of course, in the vast majority of cases, I expect that both serving and retired officers will attend an interview willingly, recognising the importance of assisting the IPCC to investigate as serious a tragedy as Hillsborough. Any decent human being would.

The power in Clause 1 applies to individuals still serving with the police. The IPCC will not be able to compel a retired officer to attend an interview as a witness through the use of this power. I am aware that some noble Lords may believe that, given the significance of this investigation, this power should extend to retired officers as well as those still serving. However, we must recognise the status of retired officers. Once officers retire, they are in the same position as any other member of the public. They are no longer bound by the same responsibilities and obligations as serving officers, and are not subject to the same penalties that can be imposed through police conduct regulations. The police themselves do not have the power to compel an ordinary member of the public to attend an interview as a witness. If the police want to compel an individual to attend an interview, they must arrest them as a suspect.

To give the IPCC powers of compulsion over retired officers would be to extend the commission’s powers beyond those held by the police. I do not think that any Member of this House would be comfortable with that, and such a matter would require careful and detailed consideration. Let us remember that the IPCC can, and will, investigate retired officers for misconduct and criminal behaviour, and it has the powers to compel such individuals to attend interview. The power contained in Clause 1 will be used in relation to witnesses, and it is proportionate that this applies to serving officers only. However, as I said before, I expect that many retired officers will attend voluntarily. The IPCC is currently scoping its investigation, and intends to start calling witnesses early in the new year. Noble Lords can be in no doubt, therefore, of the urgency behind this short Bill.

I turn my attention to Clause 2. This allows the IPCC to investigate matters that were previously subject to an investigation by its predecessor, the Police Complaints Authority. The power will be exercised by the IPCC only when it is satisfied that there are “exceptional circumstances” that justify its use. This is a high threshold. The need for this power is clear, because the PCA investigated certain aspects relating to the Hillsborough disaster. In particular, it considered the decision to open exit gate C at the Leppings Lane end of the ground and not to close the tunnel. Those decisions had a huge impact on the events of the day and, without the power in Clause 2, they could not be considered by the IPCC. We must ensure that no aspect of the events of that day is out of scope of the investigation. This power is therefore central to the eventual success of the investigation and, in turn, central to maintaining the trust of the families and the people of Liverpool. Although the power is essential, it must be tightly drawn if we are to avoid the prospect of reopening every old PCA investigation and turning the IPCC into a cold-case review body.

There must also be a sense of finality to the investigations concluded by the PCA or the IPCC. That is why the power in Clause 2 provides the IPCC with the discretion to reopen cases where the matter meets the high threshold of “exceptional circumstances”. This test will allow matters relating to Hillsborough to be considered, but the IPCC itself has stated in the briefing on the Bill that it has given to noble Lords:

“Unless there are powerful public interest reasons, as well as exceptional circumstances, it must be right that scarce resources are not diverted from addressing our extremely important current work”.

The commission goes on to say that,

“the IPCC must be in a position to resist becoming an historic cases body, which it is not designed nor resourced to be … The Commission will therefore want to take a rigorous approach to the application of this clause in other cases, and it would be helpful if it was clear during the Parliamentary debate that this was Parliament’s intention”.

I can confirm that the IPCC has precisely set out the Government’s intention. We do not want the IPCC to spend its time reinvestigating cases that have already been closed, and we see this power being used only in truly exceptional cases. Hillsborough is truly exceptional and it is right that these matters are reinvestigated. It will be for the IPCC as the independent body overseeing the police complaints system to determine whether a case meets this exceptional circumstances threshold, and it is appropriate for it, as an investigatory body, to hold that decision-making power.

The Bill before the House today is essential finally to achieve justice for the 96 innocent men, women and children who died as a result of the Hillsborough disaster. The Bill is narrow in scope, focusing on two powers that the IPCC needs to fulfil its obligations relating to Hillsborough. Rightly, it does not stray into the territory of wider reform of the IPCC. That would not be appropriate for a fast-track Bill. This short Bill provides the IPCC with the tools that it needs and marks one step further along the road to justice for the victims of Hillsborough. All who support this aim should support this Bill, and I commend it to the House.

--- Later in debate ---

[Lord Taylor of Holbeach]

My Lords, we are privileged to sit in this House and have been privileged today to have had the opportunity to participate in this debate. We have heard some impassioned and authoritative speeches, which have helped this House to consider this Bill, as it should do, in the proper context in which the Government have brought it forward.

I think that all noble Lords will have been emotionally touched by the speech of the right reverend Prelate the Bishop of Liverpool. The work that he has done in trying to build a bridge between the authorities and the families has been remarkable. In a way, this is a story of the failure of the establishment to properly engage with the families, to understand the distress of those who suffered loss or were injured or, indeed, those who were just at the match on the day. I hope that we can all help remedy that by our contributions here today.

I think that I can reassure noble Lords that this Bill has been brought to the House with the purpose of expediting truth and justice on this issue. I do not pretend that it can be easy; we have seen from the history of this matter that it is easy for people to make mistakes. Clearly, however, the investigatory role of the IPCC and of the police will be essential in clearing up the fog and mystery of misinformation and in providing clarity for the future.

There have been a number of speeches. I will start with the comments made by the noble Baroness, Lady Smith of Basildon. Indeed, many of her remarks were echoed by the noble Lord, Lord Alton, in his contribution. I readily understand the concern about what happens if officers attend but do not co-operate. There is a power to compel officers to attend if it is a matter of criminal investigation. If it is a question of witness, however, there are limits to the way in which legislation can achieve this objective, as I think the Government have acknowledged. But we are seeking to do that. Compelling witnesses to speak would be an unusual power to bring into a Bill of this nature. I hope that noble Lords will accept that we do not consider it to be appropriate.

However, I said in my opening address that people who volunteer to appear would want to help this process. There is a responsibility on all of us. When he gave evidence at the Home Affairs Select Committee on November 27, Chief Constable Mike Cunningham said that where a police officer attended but refused to answer questions, he would have to consider whether the officer’s employment should continue. This sent a strong signal of how seriously non-co-operation would be taken by the chief constable. I believe that the noble Lord, Lord Blair, said that he agreed that that was the right approach.

The noble Baroness, Lady Smith, also asked whether we would be issuing guidelines to chief officers to ensure that all forces treated refusal to attend interview in the same way. We have already committed to considering whether the existing conduct regulations should be amended or made clearer in this area, and whether misconduct sanctions should apply where an officer refuses to attend an interview as a witness. If we were to make such changes, we would also amend the relevant guidelines relating to the regulations to effect these changes.

The noble Baroness, Lady Smith, also asked about where retired officers may be suspects. I can confirm that any officer, whether serving or retired—or, indeed, an officer who retires part-way through an investigation —can continue to be investigated for criminal or misconduct matters. Officers can be compelled to attend an interview if they are a suspect. The noble Baroness asked also whether, when officers seek early retirement, their application will be considered if this prevents them from appearing as a witness before the IPCC.

It would not be appropriate to stop an officer from retiring who had been called as a witness, not as a suspect. However, the IPCC can investigate retired or resigned officers for criminal and misconduct matters, as it can with serving officers. Therefore, the IPCC will no doubt call retired officers to provide evidence during its investigation into Hillsborough, and I believe that in the vast majority of cases these retired officers will understand the importance of this investigation and attend willingly. If the police had reason to suppose that someone was retiring in order to avoid appearing, they may well consider that as suspect behaviour. However, that would be for the police to decide, not for us or the Bill.

The noble Baroness also asked, with regard to Clause 2, about the IPCC reopening cases where there is a powerful public interest. I know that the noble Lord, Lord Blair, is also concerned about what is meant by “public interest”. If I may disentangle the semantics, public interest in terms of popular interest is of course different from public interest as seen by the Government or by the IPCC itself. It is the IPCC that will determine where the public interest lies, and that is not measured by populist interest. I hope that I have made that clear; I think that I have a clear understanding of the interest.

The “exceptional circumstances” bar means what it says. They will be only cases where exceptional circumstances are involved; indeed, one of those exceptional circumstances is where the discovery of new evidence of high significance could then lead to a case being legitimately reopened. However, the purpose of this legislation is to deal with the particular instance which we have been debating today.

It was interesting to hear from the noble Lord, Lord Alton, who was a Liverpool Member of Parliament and able to talk about the incident as it appeared to someone representing the people of Liverpool. On the discovery of documents, I can confirm that the documents which will be available to the IPCC as part of its investigation will include some which were not available to the panel, because they were discovered after the panel had reported. It is clearly essential that every document is available to those taking forward the investigation. I assure noble Lords that that will happen, so fresh discovery will reinforce the IPCC investigations.

The noble Lord, Lord Alton, asked whether witness interviews will be given to the IPCC under caution. That question was repeated by the noble Lord, Lord Blair. I should make it plain that the police issue a caution to those whom they wish to interview because they are suspected of having committed a criminal offence and therefore may be charged. However, we would not therefore expect anybody providing evidence as a witness to be so cautioned. I think that that is the only way in which I can answer that question.

As many noble Lords have pointed out, the Attorney-General has secured a hearing on the question of reopening the inquests. That was applied for yesterday but it is up to the courts to consider that application. We must not prejudge the outcome of this legal process and even if the Attorney-General’s application were successful, it would be for the coroner to decide how to conduct the inquest. Again, this is an independent, statutory role which the Government cannot interfere in. I am sure that all those involved will recognise the need to expedite this process. Public opinion, the pressure for the truth, will drive this through.

I appreciate that it was not possible for the noble and learned Lord, Lord Falconer of Thoroton, to stay until this point, but I shall answer his question about integration. Clearly, we are dealing with different authorities with different responsibilities, but they have a shared responsibility for providing reconciliation and truth in this matter, and, indeed, justice. The IPCC, the Director of Public Prosecutions, the Attorney-General and the coroner will all work together and the Government will work with them to ensure that they work effectively to provide an outcome. The imperative for this is understood by the Government.

The noble Lord, Lord Blair, asked about disclosure. I can be clear that disclosure of information in relation to an interview by the IPCC, or, indeed, decisions as to how to conduct that investigation, are solely a matter for the IPCC, as the independent body with oversight over the police complaints system. Given that it has that independence, it would be inappropriate for Ministers or the Government to interfere or direct the commission on any aspect of the interview process or the investigation. I hope that that helps the noble Lord, although it does not provide him with an answer. I think that we have dealt with the question of the reopening of the inquiry.

I hope that I have answered most questions; it is quite probable, given the contributions that have been made, that I have not answered them all. I will be happy to write to noble Lords on the detail but our task today is to consider the Bill. We have had an excellent Second Reading; it is an important Bill to take forward reconsideration of the way the establishment dealt with the Hillsborough disaster in the first instance and an opportunity for Parliament, at least, to play its part in addressing this issue.

Bill read a second time.