Alleged Police Crimes (Investigations)

Mike Penning Excerpts

Monday 21st July 2014 Commons Chamber

[The Minister for Policing, Criminal Justice and Victims (Mike Penning)]

I congratulate my hon. Friend the Member for Wealden (Charles Hendry) on securing the debate this evening. As an ex-fireman myself who regularly used to attend such instances, my thoughts and prayers are with the families and particularly with Ben. I hope that my hon. Friend is wrong and that Ben makes a partial, if not a full, recovery.

As the new Policing Minister, I was very concerned when I saw that this debate was due to take place, so I have taken some time to look into the event. It is not for this House to retry the case. With that in mind, I will try to address some of the facts of the case, then the way that the case should have been treated, and finally the four points that my hon. Friend raised. Even though, as he rightly said, the family have since found a lot of evidence, there is none to suggest that the accident would not have happened anyway. I think everybody accepts that. I am not responsible for the letter. That is a matter for Sussex police.

Sussex police have acknowledged that their procedures could have been improved. That is right and proper. Interestingly, the Independent Police Complaints Commission carried out an investigation into the complaints made by the family about the conduct of the investigation by Sussex police, and I know that there was some concern about whether Sussex police or another force should have carried out that investigation. I shall come back to that in a moment. The IPCC found that although some of the complaints were well founded, there was no misconduct on the part of the officer. The IPCC is, of course, a completely independent body.

The other fact that I should raise at this point is that the gentleman concerned was an off-duty police officer. Had he been on duty, what happened afterwards would have been completely different. I was not at the scene and I do not have some of the facts that my hon. Friend referred to in his comments, so I will stick to what I know and the information that has been passed to me. The IPCC said that the Sussex police investigation of the incident was conducted thoroughly and effectively, so that part of the complaint referred to by my hon. Friend was not upheld. It is important to note that.

The operational independence of the IPCC from the Home Office and from Ministers is an integral part of our system and we should make sure that no Minister intervenes in its working. Nor should we as Ministers intervene in police investigations. At the heart of my hon. Friend’s concerns was the investigation of PC Chalmers by his own force. I reiterate that if he had been on duty, the matter may well have been dealt with by another force. In this case, as he was treated as an individual off duty, it was investigated in the same way as a case involving any other member of the public. The fact that he was an off-duty policeman should not, I agree, have precluded Sussex police from investigating the death of Luke Bland and the rest of the incident. The really serious injuries that occurred, in particular to Ben, were taken into consideration when the prosecution decisions were made.

Sussex police’s criminal investigation led to the prosecution of PC Chalmers. The IPCC found that the case was investigated thoroughly and effectively by Sussex police. Therefore it would appear that the case was treated with at least as much integrity as an investigation of any other member of the public who had been at the wheel. It would also appear that even though prosecution was withdrawn, it was not because Sussex police’s investigation was at fault.

My hon. Friend makes four suggestions. I think I understand all the points that he is trying to make, even if I cannot agree with them at the Dispatch Box today. The first point— that Sussex police review again the case—is clearly a matter for the police force. It is not a matter for a Minister or the Home Secretary. I may not be dealing with these points in the same order as my hon. Friend.

The second point is that the insurers should instigate their own action and review PC Chalmers’ claim. That is clearly also a matter for the insurance company. I was at the Department for Transport for many years. Insurance companies tend not to pay out unless they have to. They will hate me for saying that, but they do not. They like taking our premiums, but rarely pay out. It is clearly a matter for the insurance company whether to pay for the damage to the car and compensation to the families. It might also be a matter for civil litigation should the families wish to purse that course.

The third point concerns whether the Home Secretary should ensure that the police are investigated in the same way as the public. They are, should they be on duty. If they are off duty, they are civilians: they are not doing their job of work, so they are not investigated by the IPCC in the same way. It is right and proper that those who are off duty are off duty, and when they are on duty they are on duty.

Lastly, should PC Chalmers make a public—

[Charles Hendry]

I am grateful to my right hon. Friend for giving way, and I am particularly grateful to him for the sensitive and thoughtful way in which he is responding to the debate. Will he, however, look at the role of the Police Federation in this? When an instruction was left that Stewart Chalmers should be arrested, the Police Federation got involved in a way that was described as “ferociously” by the police themselves. They then suggested that if they went ahead and arrested Stewart Chalmers, the police officer doing that would himself be sued personally. That cannot be a level playing field, because that would not happen if it was not somebody who had been a police officer who had done it.

[Mike Penning]

I thank my hon. Friend for his intervention. He must have read my thoughts on the point I was going to come to in my conclusion to this short debate.

The fourth point—made, I am sure, on behalf of the family but through my hon. Friend—is that PC Chalmers should make a public apology. That is a matter for the gentleman concerned and for his own personal thoughts and conscience. I personally cannot in any way instruct the gentleman to do so.

However, because of the comments that have been made in this evening’s debate, I intend to go away and ask my officials to look into the conduct of individuals from the federation. I do not think we should smear the federation. It is going through a transitional period at the moment. I met the senior management of the federation earlier this afternoon; it was actually a very convivial meeting. They were very much standing up for their members, and in many ways I sympathise with some of the comments that they made, but they are really moving on, and I think in the right direction. However, I will ask my officials to look into the matter regarding the comments that my hon. Friend has made about what the Police Federation representative may or may not have said. I will ask my officials to look into that immediately. If I do not have the powers to do that, I will find someone who does.

With that in mind, I am conscious that this has been a very difficult matter for my hon. Friend to bring before the House. If I was a Back Bencher, I would really have to rack my brains about whether to do so, not because I would have to decide whether standing up for someone was right or wrong, but because the courts have made a decision, based on the evidence placed before them. That is the justice system we have in this country and that is the democracy we live in.

With hindsight, and especially given the tone with which my hon. Friend has brought the matter before the House, I think it was right and proper that there was a Minister here to respond, even if on most of the points I do not have the powers to intervene, and nor would I wish to have them. With that in mind, I will take away the comments about looking into the Police Federation, and I truly hope that the family can have some peace after the loss of their loved one and that Ben gets better soon.

Question put and agreed to.