Stop and Search: West Midlands

Nicola Richards Excerpts

Wednesday 17th November 2021 Westminster Hall

[Christina Rees (in the Chair)]

I remind Members that they are expected to wear face coverings when they are not speaking in the debate. That is in line with current Government guidance and that of the House of Commons Commission. I also remind Members that they are asked by the House to have a covid lateral flow test twice a week, if coming on to the parliamentary estate. That can be done either at the testing centre on the estate or at home. Please also give one another and members of staff space when seated and when entering and leaving the room.

[Nicola Richards (West Bromwich East) (Con)]

I beg to move,

That this House has considered the use of Stop and Search in the West Midlands.

It is a pleasure to serve under your chairmanship, Ms Rees, and to have secured the debate. I begin by referring to my entry in the Register of Members’ Financial Interests, as I am a board member of West Bromwich town’s business improvement district.

The bottom line for this debate that I want to highlight is: stop and search saves lives. It is one of the most effective methods police officers have to take dangerous weapons and drugs off our streets quickly, as I have witnessed in my constituency. At its core, stop and search is about pre-empting dangerous situations before they happen. It also acts as a deterrent to violent individuals, if they know that the police are willing to use the powers effectively. Not only does stop and search protect members of the public, it also saves some perpetrators, who might be vulnerable adults and children, from becoming further involved in crime and illicit activities, perhaps giving them the chance to change their path, once they face up to the consequences of their actions.

I felt compelled to apply for this debate after reading the comments of the West Midlands police and crime commissioner about stop and search in the Express & Star on 2 November. That came out of the recently published new crime plan for 2021 to 2025, in which he stated that

“if searches are only leading to an action in about a quarter of cases, then it is legitimate to ask if the ‘reasonable grounds’ threshold for a lawful search has been met in connection with many of the searches that take place.”

That concerns me, because not only can little be taken away from those metrics, but officers going about their job to protect our communities are undermined and the zero-tolerance messaging that we should be seeing is compromised. Let me explain why I feel that the police and crime commissioner’s comments on the ratio of positive searches are not proportionate.

Were the police to pull over a car of four people because of suspicious activity, and found either drugs or a weapon on just one occupant of the car, that is treated as a 25% positive outcome of the overall search under the official police definition, as four people were searched in total. If a weapon were found or recovered after the event took place, that would not be recorded as a positive outcome at all, even if police suspicions were right.

That shows that none of the data can be taken at face value, but must always be viewed with nuance and context. If the police and crime commissioner bases his measure of success solely on positive search rates, he will in effect be limiting the use of stop and search artificially to create more positive searches from a pool of fewer overall searches. The statistics do not back up that approach, and I am concerned that the policy will lead to more knives and drugs on our streets, unchecked.

I believe that there is a positive story to tell about stop and search in Sandwell in particular, where police officers use the powers well: 751 searches were conducted in July to September this year, with a 29.8% rate of positive outcomes over the past six months. In Sandwell, officers use body cameras to capture footage of searches; they have taken time to invest in training to fill in any knowledge gaps; and they use the acronym GOWISELY when conducting all searches to ensure that they act appropriately and proportionately.

I will explain what GOWISELY stands for. This is what is to be said as the stop and search takes place: grounds, a clear example of the reasons for the search; object, what the officer is looking for; warrant, production of a warrant card if officers are plain-clothed; identity, the name and collar number of the officer; station, the police station where they are based; entitlement, the person must be informed they are entitled to a copy of the record; legal, stating the legislation that permits the search to take place; and you, the officers must explain to someone that they are being detained for the purpose of the search.

Like all other communities, we have a local stop-and-search scrutiny panel that aims to ensure that stop and search is being used fairly and effectively, and GOWISELY is also in place. In these scrutiny panels, randomly selected body footage is shown to the committee, which includes members of the public among others, and the chair of the panel is always a member of the public. The community hold the police to account, which is how it should be. Sandwell has one of the most rigorous scrutiny committee panels in the region, which even offers advice on best practice to neighbouring panels. Any learnings or concerns are fed back to officers directly.

However, I know that some panels struggle with retention of members and some were not particularly well established before the pandemic, which has caused difficulties. We therefore need to invest in and expand such schemes truly to get the most out of such vital resources. That is an idea I hope the police and crime commissioner will take up, using Sandwell as an example for other areas.

To add a further layer of best-practice sharing and scrutiny to this process, each committee chair attends a meeting twice a year at the Stop-and-search Commission, where they share best practice and consider wider issues across the force. Scrutiny panels also provide career opportunities for members of the public to get involved in some really positive community work. If a young person has chaired or been otherwise involved in one of these panels, what a fantastic thing for them to have on their CV. Indeed, local police inform me that one former chair of a local scrutiny committee has gone on to become a special police officer himself, because he was so inspired by the work the committee did. That is the kind of story we want to hear. In fact, I have accepted an invitation to sit on one of the local panels in Sandwell next year, to observe what such panels do.

One thing remains true in all of this—proportionality is clearly based on consensus, with both the public and the police being confident about the methods and means being used. Indeed, complaints against police officers in Sandwell over stop and search are few and far between, which is really good to see. It shows that the proportionality is there, that police feel confident about using these powers, and that the body camera footage boosts faith in the police and gives our communities protection, as it will evidence the fairness and the proportionality of any search.

However, in the police and crime commissioner’s crime plan, the PCC cites complaints about stop and search as something to be improved. Of course complaints need to be heard and responded to, and lessons learned, but I am not confident that the life-saving nature of stop and search is fully appreciated in the west midlands, and that could lead to worse outcomes for local people.

It is such outcomes that worry my constituents deeply. Despite the fact that crime has been falling across most of the country over the last year, in the west midlands we have seen a huge increase in overall crime, and crime is an issue that floods the inboxes of most west midlands MPs on most days. Our constituents are worried, and rightly so.

I cannot stress enough the importance of backing our police officers and giving them the confidence to act with conviction. They need to have the confidence to know that their decisions, when they are reasonable and proportionate, are backed by their political leaders, which is the only way in which we can make our zero- tolerance approach truly felt by all.

It would be a travesty if an officer were to be worried about searching a suspicious individual because of the seeds of doubt that the police and crime commissioner has placed in their mind with their stance on the use of stop and search. The West Midlands police and crime commissioner’s own website says:

“West Midlands Police was one of the first forces to adopt the Home Office’s ‘best use of stop and search’ scheme. As part of the scheme, it introduced a raft of measures to improve its use of the power…There are also ongoing projects that are improving scrutiny, teaching young people their rights when stopped and searched, researching disproportionality, and increasing the range of data we publish.”

That is all available to view on the website.

As I have just set out, there has been a lot of work in recent years around stop and search, especially in Sandwell. I regularly speak to local police officers in Sandwell and they are confident about their grounds for stopping people and about the proportionality of searches, and when they have not been confident they have undertaken training to bolster their knowledge.

It is no secret that we have seen some horrendous incidents of violent crime in West Bromwich town centre in the last few months alone. Only a few months ago, there was a horrendous incident in New Square, West Bromwich, when a group of three men turned on police with machetes after the police approached them. The brave police officers at the scene handled themselves brilliantly, and thankfully the wounds that they suffered were not fatal. However, we should consider what would have happened if those individuals had not been spotted. Those knives would have been taken right into the heart of our communities.

That group of men was stopped by behavioural detection officers. BDOs do what it says on the tin—they are trained to spot “out of place” behaviour in the community and to challenge anyone suspected of suspicious activity. They are specialists in behavioural studies. It was a group of BDOs on patrol who stopped this group of young men who were carrying machetes in the town centre. The group of young men were noticed because of their suspicious behaviour, including wearing thick, heavy clothing on what was a warm day. After the officers managed to force the group into a safer area of the shopping centre in order to stop them, the men produced large knives from their bags and proceeded to attack the officers. The officers’ training, knowledge and bravery, and the actions of some brave members of the public, meant innocent bystanders were not hurt that day.

It is important to mention that without the deployment of Project Guardian to West Bromwich, those individuals might not have been spotted, apprehended and taken off our streets. For Members who may not know about Project Guardian, it is the West Midlands police team that works across the region to tackle youth violence and get dangerous weapons off our streets. If hon. Members need a reason to back stop and search, they should take the opportunity briefly to scroll through their Twitter account to find out more.

The team are out every day using stop and search, among other powers, to seize drugs and knives. They are on the front line, assisting our local police teams to tackle this scourge on our streets. Their work should be shouted about loudly so they have the confidence to keep doing what they are doing to keep us all safe. If officers are not confident in using stop and search, the outcomes will not be successful. Training should be expanded to help them learn from the best or, better still, to promote the training of behavioural detection.

I would like to place on record my thanks to Lisa Hill from the business improvement district, Chief Super- intendent Ian Green and PC Rich Philips, who have led on stop and search in our area, along with all our local police officers in Sandwell, who are doing some amazing work in our community. The business improvement district, local schools, colleges and MPs are backing our police officers all the way. I thank the Minister and the Home Secretary for their personal support and engagement with me on these issues.

The use of stop and search is a major tool in fighting back against county lines. Young people especially are exploited across the west midlands and forced to live in towns and cities outside their area to sell drugs. They go missing from school or college, sometimes for weeks on end. Stop and search can help save them when others in their lives have been unable to. That is why it is important to view stop and search not just as a tool to apprehend criminals but as a way to rehabilitate vulnerable people who sometimes, through no fault of their own, have become trapped in a life they do not wish to lead.

The use of stop and search in a proportionate and respectful way saves lives. It takes dangerous weapons and drugs off our streets and makes us all safer. Those who hold public office must send a message loud and clear that bringing violent weapons and drugs into our communities will not be tolerated. I do not think the police and crime commissioner’s statement sent anything like the right message. We should invest in training to get more BDOs on the street, expand and promote internal training opportunities for officers, and engage with the public even more through the positive use of the stop-and-search scrutiny committees. That is at the same time as putting 20,000 more police officers on our streets by the end of this Parliament, which we are well on track to deliver. We cannot just look at the figures when assessing stop and search. Context is crucial. To quote again from the West Midlands police and crime plan:

“How we measure, analyse and improve public confidence in policing and public satisfaction with police services will get better.”

I can tell police and crime commissioner that nothing promotes public confidence more than using stop and search. I could go on all day about my community’s experience with violent crime, but it is important that we hear from others. I am looking to hearing about other Members’ experiences.

--- Later in debate ---

[Jack Dromey]

Point made. The police and crime commissioner has said clearly in his plan:

“Stop and search can be an appropriate and necessary tool to detect and investigate crime and remove weapons from our streets.”

I was with him on the streets of Erdington for most of the day on Saturday last week. He was sending an unmistakeable message that we should use whatever tools we have in our armoury to protect the public, but that crucially, we must get the use right and ensure that there are not counterproductive consequences as a result of getting it wrong. His plan is about making stop and search more efficient and effective with the intention of removing more dangerous weapons from our streets.

The single biggest problem confronting the police service is the loss of more than 20,000 police officers. Only last week, the police and crime commissioner wrote to all hon. Members in the west midlands—Labour and Conservative—to ask us to act together. He detailed the unfairness of funding for the West Midlands police, which is attributable to a decade of devastating austerity for the police service. For example, over and above the cuts that have been made to the police service, because of the damping formula, it has lost out by an additional £40 million. The west midlands is treated unfairly compared with some of the leafy southern shires.

The facts are undeniable. Since 2010, the West Midlands police service has lost £175 million and 2,221 police officers—25% of the workforce—as a consequence. Many examples stick in my mind, including the several hundred A19 officers whom I will never forget. Seven years ago, just when crime was rising, people such as Tim Kennedy, an outstanding detective constable, and Mark Stokes, an outstanding inspector and expert in designing out crime, were forced out of the police service in their prime at 52 or 53. It was a catastrophic mistake by the Government of the hon. Member for West Bromwich East that should never have been made.

The truth is that there has been a devastating impact on the west midlands and my constituency in particular. The hon. Lady pointed to the impact on her constituency too. Those cuts by a Conservative Government have had a severe impact on neighbourhood policing. Time and again—all hon. Members will have experienced this —members of the public, who are overwhelmingly supportive of the police service, say, “We rang and they took forever to come out.” Or, “We rang and they told us they could not come out.” Or, “Where are they? We never see them on the streets any longer.”

That is the impact of years of Tory cuts to neighbourhood policing. In parallel, there have been huge cuts to services that really matter to crime prevention, for example, youth services, youth clubs, mental health facilities and the probation service. The human consequences are sad and all too obvious: knife crime up, 17%; possession of weapons, up 28%.

The contrast with what a Labour Government did could not be more stark. That Government, under Blair and Brown, saw 17,000 extra police officers, 16,000 police community support officers, the development of neighbourhood policing, and crime falling in this country by 43%. As a consequence of the cuts made, that era of progress has been thrust into reverse.

[Nicola Richards]

While we are all enjoying the hon. Gentleman’s reminiscences of the good times, what is the police and crime commissioner’s plan to get the positive outcomes up to 50% on stop-and-search cases? We have not heard that; it is not in his plan. It has not been mentioned today. How do we get there?

[Jack Dromey]

There are two things. First, on stop and search, it would happen in exactly the way I have said—I have quoted the police and crime commissioner’s own words and I have heard him say it personally. It is about the vigorous but appropriate use of stop and search—getting it right; avoiding counterproductive outcomes. Secondly, he cannot put right all the wrongs of the past era since 1997, but he is committed to recruiting an additional 450 police officers, which I welcome.

--- Later in debate ---

[Jack Dromey]

Correct me if I am wrong, but was there universal support from Tory colleagues at that point in time? No, there was not. Were there some truly honourable hon. Members who took a stand in support of proper funding of the police? Yes, there were, and I welcome that.

I say this one final time: all Government Members are going to have to make their mind up. The case for additional resources and a reversal of the cuts of the past 10 or 15 years is overwhelming, and the consequences being felt by our communities are likewise overwhelming. Therefore, we need to stand together and say to the Government that we badly need additional investment of resources in our police service, not least because the first duty of any Government is the safety and security of their citizens. The Government often talk tough on crime, but the reality is sadly the opposite. Our priority must be to return the police service in the west midlands to 2010 levels.

[Nicola Richards]

The hon. Gentleman has said that the Government are not tough on crime, but what I am saying is that the police and crime commissioner wants to get a positive outcome for 50% of stop and searches, with no plan to achieve that. It is fine to speak warm words about working with the community and better communication, but what I am asking for is a plan, and until a plan is produced on issues such as stop and search and others that we are concerned about, we are not going to lobby for more money to go into the Labour police and crime commissioner’s bottomless pit. Will the hon. Gentleman join us in asking his colleague to explain what the plan is?

[Jack Dromey]

I can say without hesitation that I want to see a vigorous and proportionate use of stop and search—there is no doubt about that. That is what the police and crime commissioner was arguing for in Erdington only last Saturday. Crucially, the hon. Lady has just said that she will not give a commitment to stand up to the Government and argue for the necessary additional resources. In a matter of weeks, a decision of immense consequence will be made for the safety and security of our citizens in the west midlands. We need to influence that decision, so I urge all Members, irrespective of party, to come together and make the case to Government to back our police service through proper investment in it. There is no question that we have to increase activity in crime prevention, and a commitment to rebuild neighbourhood policing will also be crucial.

The Dea-John killing is one of many that will always stick in my mind. As Members of Parliament, we have all seen the heartbreaking consequences for our communities of what has been happening in recent years, in particular the growth of violent crime as the number of police officers has decreased. Of course, there are different views, but the communities that we represent want to be able to live in safety and security. That means—I stress this one final time—putting the public interest first and backing the call for fair funding for the west midlands. I hope that all Members of Parliament from the west midlands will join together to do precisely that.