Police, Crime, Sentencing and Courts Bill

Lord Thomas of Cwmgiedd Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[Lord Rosser (Lab)]

Amendment 114C would place a statutory duty of candour on members of the police workforce. It would create a 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 the activities of members of the police workforce, including omissions, may be relevant. The issue was discussed at some length in Committee and I certainly do not intend to repeat all that was said then.

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.”

In June 2021, the Daniel Morgan Independent Panel, which I believe took eight years to report, found:

“There was not insignificant obstruction to the Panel’s work … the Metropolitan Police did not approach the Panel’s scrutiny with candour, in an open, honest and transparent way”.


The 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.]

Last June, the Government told us in this House that they were still considering the duty of candour in response to Bishop James Jones’s report four years earlier. We now have before us a flagship home affairs and justice Bill from this Government, which prioritises new offences against those who protest but is silent on the failures of justice highlighted in the Bishop Jones report and by the Daniel Morgan Independent Panel and the resulting call, both in the report and by the panel, for the statutory duty of candour provided for in this amendment. It is time for action and a decision, and an end to this seemingly never-ending continuing government consideration of this issue. I beg to move.

[Lord Thomas of Cwmgiedd (CB)]

I have added my name to this amendment for four reasons. First, the need is clear: we need complete protection of victims and the public interest, and to make certain that recalcitrant are no longer able to delay. Secondly, the duty of candour is clear: there is no doubt about what it entails. Thirdly, the remedies provided in the proposed new clause are extensive and proportionate. Finally, there can be no reason for delay. Why does it need consultation? It does not. The proposed new clause and the need are clear; we should pass this amendment.

[Baroness O’Loan (CB)]

My Lords, I thank the noble Lords, Lord Rosser and Lord Paddick, and the noble and learned Lord, Lord Thomas, for tabling this amendment.

Briefly, a duty of candour would bring about a change of mindset and culture by requiring openness and transparency about what has happened in investigations. It would lead to a more efficient deployment of resources, which would have a beneficial impact on the public purse. It could very much help to contradict allegations of police corruption and will grow confidence in the leadership of the police service because there would be a statutory obligation of openness and transparency, and therefore an assumption there would be compliance with the law rather than a suspicion of cover-up or, even worse, corruption. The amendment is framed to protect all necessary matters but to enable a different positive approach to the delivery of policing. I support the amendment.