Police (Complaints and Conduct) Bill

Lord Wasserman Excerpts

Tuesday 11th December 2012 Lords Chamber

[Lord Wasserman]

My Lords, had I known a few days ago that I would be speaking directly after the right reverend Prelate the Bishop of Liverpool, I might not have spent any time writing a speech of my own. I probably would simply have congratulated him on the magnificent way in which he led his team in a very difficult and painful task and suggested that we all remain silent for a few moments and think about what he said in his illuminating, thoughtful and very moving speech. However, I did not know until noon today that I would be speaking directly after him, and because I feel very strongly about these issues, I prepared some remarks of my own. I beg the indulgence of your Lordships’ House if I deliver them now.

A distinguished Member of your Lordships’ House—alas, no longer with us—is reported to have said, “A week is a long time in politics”. I was reminded of that comment when, over the weekend, I read the Hansard report of the consideration of this short Bill in another place last Wednesday afternoon. Reading those proceedings, I was struck not by the discussion of those horrendous events of 15 April 1989; these are seared in the memories of all of us old enough to have been around at that time. I was not even shocked by the references to how police officers on duty at the ground that day had mismanaged the tragedy once it had begun to unfold and thus unwittingly contributed to the toll of deaths and injuries. The pressure on those officers at that time is impossible for us, sitting in this place at this time, to comprehend fully. I, for one, am not prepared to pass judgment on their actions on this basis.

No, what shocked me about the debate in another place last Wednesday was the way in which one speaker after another, on both sides of the House, referred to how police officers had behaved in the subsequent investigation of the tragedy. There were endless references to officers as having lied, covered up the truth and obstructed the course of justice. Several Members referred—as did several noble Lords today—to the fact that 164 witness statements had been amended, 116 of which were changed in some way as to remove or lessen the culpability of police officers and others. As one Member described it, this was,

“deceit on a huge scale”.—[Official Report, Commons, 5/12/12; col. 935.]

It was this which shocked me. Here were Members of another place describing ordinary, English police officers as guilty of lying, obstructing justice and covering up the truth, and doing so without interruption, without apology and without shame.

Contrast that debate with the debate in your Lordships’ House on the Police Reform and Social Responsibility Bill on 27 April 2011. In our debate, less than 20 months ago, noble Lords were falling over each other to extol the international reputation of the British police service, particularly its reputation for integrity and professionalism. We were told that our police leaders are the envy of the world and the introduction of police and crime commissioners would put that reputation at risk, precisely because PCCs, directly elected by the people, were unlikely to adhere to the same high standards of personal and professional integrity that were the hallmarks of the British police officer. Indeed, we were warned that PCCs would facilitate, if not encourage, the growth of the culture of cover-up and corruption that would undermine the cherished integrity of our police service.

I have to admit that I, too, enthusiastically participated in that chorus of praise for the British chief officer of police. I went so far as to say that I believed that it was their,

“outstanding ability, unquestioned integrity, a high level of professionalism and a deep commitment to public service”,

which would keep us,

“safe from the sort of corruption dangers which other countries have faced and which some noble Lords have mentioned as one of the problems inherent in the Bill”.—[Official Report, 27/4/11; col. 209.]

How sentiments have changed since those words were spoken. I am not sure about a week being a long time in politics but to judge from this context 19 months certainly is long enough to effect a fundamental change in public opinion and, hence, in the political narrative.

Why has that happened? Why has the reputation of the British police service for integrity and professionalism taken such a knock in the past year or so? Why has our policing brand—undoubtedly the most respected in the world until so recently—become so tarnished so quickly, not only in this country but, thanks to the internet, all over the world? I fear that the explanation lies, sadly, with the behaviour of some of our police leaders themselves. No one who has ever even had the slightest interest in the work of the independent panel on the Hillsborough tragedy, which the right reverend Prelate led, can fail to be shocked by the behaviour of our police leaders in the aftermath of that event. One hundred and sixty-four witness statements were altered, 116 of them significantly, as part of a massive cover-up. What does that say about integrity and professional standards?

But the Hillsborough report, as shocking as it is, would not have produced the kind of reaction we heard in another place last week if it had been a one-off, isolated event, describing something that had occurred more than 20 years ago. No, I fear the truth is that the right reverend Prelate’s report triggered the kind of debate that took place last week in another place because it was not an isolated event. It triggered that reaction because it was simply the latest, if the most shocking, in a series of reports to have emerged in the past two years about corruption, cover-ups and collusion in our police service.

For most members of the public, the biggest shock came some 18 months earlier on Sunday 17 July 2011 when the media reported in screaming headlines that Britain’s top police officer, the Commissioner of the Metropolitan Police, had accepted a free five-week stay at a top health spa and that this had been justified by a Metropolitan Police spokesman by the fact that the managing director of the spa had been a friend of the commissioner. The very next day, my right honourable friend the Home Secretary, in an Oral Statement related only tangentially to the health spa story, added to the sense of public shock about police leadership by saying that allegations about phone hacking were,

“not, unfortunately, the only recent example of alleged corruption … in the police”.—[Official Report, 18/7/2011; col. 623.]

A few days later, the public learnt that both the Chief Constable and Deputy Chief Constable of Cleveland had been arrested in a dawn raid on suspicion of corruption. Four months later, on 13 December 2011, Her Majesty’s Inspectorate of Constabulary published a report following up the Home Secretary’s comments on phone hacking. Entitled Without Fear or Favour, the inspectorate’s own press notice described its findings as follows:

“Corruption not endemic in the police service—but police need more robust systems”.

If noble Lords can think of a better example of damning with faint praise, I would love to hear it.

And it does not end there. A story in the Guardian on 14 September 2012 began as follows:

“A crisis is brewing at the top of English policing after another chief constable was suspended on suspicion of serious misconduct”.

The report went on to say that this brought,

“the number of the country’s most senior officers who have faced or are facing disciplinary action or investigation by the police watchdog to nine. It is unprecedented for so many senior serving officers to be the focus of investigations at the same time”.

A month later, in October, we learnt that the chief constable who had been arrested in that dawn raid had been sacked for gross misconduct after a disciplinary panel found that he had lied to the IPCC and ordered a member of his own staff to lie to the IPCC. The IPCC described his actions as “shameful.”

Is it any wonder that Members of another place reacted so strongly when discussing this Bill and were so anxious to give the IPCC the powers that it needs to get to the truth about the Hillsborough tragedy? I am inclined to think that their reaction would have been very different two years ago. They probably would simply have suggested that this matter be followed up by ACPO. We must take the same robust stance. We owe it to the police service to save it from itself by helping it to restore its reputation for integrity and professionalism. We can help the police service best by sending it a clear message that we are prepared to provide the IPCC with whatever support it needs to do its work effectively. More importantly, we can help the police service best by sending a clear and unequivocal message to police officers at all levels that we expect them to put their own house in order as a matter of the greatest urgency and, to this end, we expect every serving police officer and other police staff to co-operate fully with the IPCC’s investigation. This does not mean simply showing up when summoned to do so; it means answering all questions put to them fully and truthfully.

As for retired police officers and staff who know something which could help the IPCC’s investigation, we should send a clear and simple message to them as well. Although the IPCC itself has not asked for legislation to compel you to attend interviews as witnesses, the reputation of the police service in which you served so proudly, and which served you so well, has been badly damaged. You can help to repair that damage and restore the reputation of the uniform you wore by coming forward voluntarily with any information which might help the IPCC to get to the truth.

The last thing the police service of this country needs at this time are headlines announcing that retired officers and staff have declined to help to get at the truth of the Hillsborough tragedy. This must not happen. I very much hope it will not.