Policing and Crime

Philip Davies Excerpts

Monday 23rd May 2011 Commons Chamber

[Yvette Cooper]

My hon. Friend is right. CCTV can make a difference for communities that are struggling, such as the community in Blackpool that I talked with a few weeks ago, who told me about the difference that having CCTV installed has made on their estate, where they had had persistent problems. CCTV was helping them to turn it around.

[Philip Davies (Shipley) (Con)]

The right hon. Lady may have heard the Justice Secretary say in the previous debate how important it was from the Government’s perspective to prevent people from having to be witnesses and give evidence in court and how distressing that was. Does she therefore agree with me, and I presume with the Justice Secretary, and recognise the role that DNA and CCTV play in preventing witnesses and victims having to go through the trauma of giving evidence?

[Yvette Cooper]

The hon. Gentleman is right, and I know that he has spent considerable time looking at the issue of DNA. When the police analysed the offences in 2008-09—just one year’s worth of offences—they found that there were 79 matches for very serious crimes, including murder, manslaughter and rape, which they would not have got had it not been for the DNA database. The concern is about not holding DNA for people who are not charged, even though they might have been suspected of a very serious offence and where the reason for not charging may not be that they are now thought to be innocent, but simply that there are difficulties, as, perhaps in a rape case—we know it is sometimes difficult to take such a case through the criminal justice system.

The Government are out of touch with their plans to end antisocial behaviour orders. The Home Secretary has said that she wants to end ASBOs because she is worried that they are being breached, but what is her answer? Her answer is to replace them with a much weaker injunction, with greater delays, which offenders can breach as many times as they like. She is removing the criminal enforcement for serious breaches of ASBOs and removing interim ASBOs altogether, making it much harder for communities, police and local authorities to get urgent action when serious cases arise. No matter how many times an offender breaches the new crime prevention injunctions or ignores the warnings of the police, they will still not get a criminal penalty. They are not so much a badge of honour as a novelty wrist band. How does that help communities that want to see antisocial behaviour brought down?

The area that I worry about most is child protection. The Home Secretary has now been advised that there are serious loopholes in her plans—by the Children’s Commissioner, the National Society for the Prevention of Cruelty to Children, the Children’s Society, Action for Children, the Scout Association, the Football Association, the Lawn Tennis Association and countless other national sporting bodies. Her plans still mean that someone could be barred from working with children and yet still get part-time or voluntary work in a school or children’s sports club and the organisation would not even be told that they had been barred. She really must stop and think again on this or she will be putting children at risk.

Time and again the Home Secretary is undermining the powers of the police and the authorities to fight crime. Time and again she is telling them to fight with one hand behind their backs. Worrying signs are already emerging. In Yorkshire, the police are saying that their figures show that crime has gone up this year. In the west midlands it is the same. Over the 13 years of the Labour Government, crime fell by 40%. The risk of being a victim of crime is now at its lowest since the British crime survey began and there is rising confidence in the police, but people want crime to keep falling. She is putting that at risk.

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[Mrs May]

My hon. Friend makes a valid and important point about the attitude of the previous Government.

Our reforms are based on the simple premise that the police must be accountable not to civil servants in Whitehall, but to the communities that they serve. That is exactly what directly elected police and crime commissioners will achieve. The legislation for police and crime commissioners has passed through this House and has entered Committee in the other place. We will seek to overturn the recent Lords amendment when the Bill returns to this House. Unlike the existing invisible and ineffective police authorities, the commissioner will be somebody people have heard of, somebody they have voted for, somebody they can hold to account, and somebody they can vote out if they do not help the police to cut crime.

We now come to the Opposition’s fourth error. It is complete and utter nonsense to suggest there will be no checks and balances on the powers of police and crime commissioners. We have specifically legislated for strong checks and balances. A police and crime panel will scrutinise the police and crime commissioner. The panel will have several key powers, including the power of veto over the police and crime commissioner’s proposed local precept and over the candidate they propose for chief constable. The panel will also make recommendations on local police and crime plans, and will scrutinise the commissioner’s annual report. It will have the power to ask the commissioner to provide information and to sit before it to answer questions. It will also be able to call on Her Majesty’s inspectorate of constabulary for professional judgment over the police and crime commissioner’s proposed decision to dismiss a chief constable.

We have published a draft protocol setting out the relationship between police and crime commissioners and chief constables. The protocol was agreed with the Association of Chief Police Officers, the Association of Police Authorities, the Association of Police Authority Chief Executives, the Met and the Metropolitan Police Authority. A copy has been placed in both House Libraries and copies are available on the Home Office website. The protocol makes it clear that commissioners will not manage police forces, and that they will not be permitted to interfere in the day-to-day work of police officers. The duty and responsibility of managing a police force will fall squarely on the shoulders of the chief constable, as it always has.

We will publish a strategic policing requirement to ensure that commissioners deliver their national policing responsibilities, as well as their local responsibilities. A strengthened HMIC will monitor forces and escalate serious concerns about force performance to Ministers. Finally, the Home Secretary will retain powers to direct police and crime commissioners and chief constables to take action in extreme circumstances, if they are failing to carry out their functions.

The Opposition are simply wrong to say that there will be no checks and balances on police and crime commissioners. There will be extensive checks and balances—the Opposition just choose to ignore them. Of course, unlike the current invisible and unaccountable police authorities, police and crime commissioners will face the strongest and most powerful check and balance there is: the ballot box. This should be a concept with which the Labour party is familiar: if they fail, they get booted out of office.

I will turn to police powers. The police national DNA database, which was established in 1995, has clearly led to a great many criminals being convicted who otherwise would not have been caught. However, in a democracy, there must be limits to any such form of police power. Storing the DNA and fingerprints of more than a million innocent people indefinitely only undermines public trust in policing. We will take innocent people off the DNA database and put guilty people on. While the previous Government were busy stockpiling the DNA of the innocent, they did not bother to take the DNA of the guilty. In March, we gave the police new powers to take DNA from convicted criminals who are now in the community.

Rather than engaging in political posturing, we are making the right reforms for the right reasons. Our proposals will ensure that there is fairness for innocent people by removing the majority of them from the database. By increasing the number of convicted individuals on the database, we will ensure that those who have broken the law can be traced if they reoffend. In all cases, the DNA profile and fingerprints of any person arrested for a recordable offence will be subjected to a speculative search against the national databases. That means that those who have committed crimes in the past and have left their DNA or fingerprints at the scene will not escape justice. The rules will give the police the tools that they need, without putting the DNA of millions of innocent people on the database.

Like DNA, it is clear that CCTV can act as a deterrent to criminals, can help to convict the guilty, and is warmly welcomed by many communities. The Government wholeheartedly support the use of CCTV and DNA to fight crime. However, it is clearly not right that surveillance cameras are being used without proper safeguards. When or where to use CCTV are properly decisions for local areas. It is essential that such measures command public support and confidence. Our proposals for a code of practice will help to achieve just that. If the Opposition disagree, as was clear from the speech by the right hon. Member for Normanton, Pontefract and Castleford, perhaps they should cast their minds back to the controversy over the use of CCTV cameras in Birmingham in the last year. British policing relies on consent. If that is lost, we all suffer. Sadly, the Opposition do not seem to understand that.

[Philip Davies]

I hope I am right in sensing that my right hon. Friend is moving back from the left-wing, liberty agenda on DNA and CCTV. The police installed 14 cameras in what used to be a no-go area of east Leeds. Within 18 months, that led to crime falling by 48% and burglaries falling by 65%. Will she confirm that that did not restrict anybody’s freedoms, but enhanced them by allowing people to go out at night, which is a freedom that they had been deprived of for many years?

[Mrs May]

I thank my hon. Friend. As I said earlier, the Government wholeheartedly support the use of CCTV and DNA in the fight against crime. We are introducing not unnecessary bureaucracy but a sensible and measured approach, which will help to ensure that CCTV is used for the purpose for which it was designed—tackling crime.

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[Philip Davies (Shipley) (Con)]

I want to talk predominantly about closed circuit television and DNA, because I still feel that, despite the Home Secretary’s best efforts, the Government are going in the wrong direction on these issues. I want to make it clear that I am not talking about what I believe to be the misuse of CCTV, such as for local authorities to snoop on what people put in their bins; I am talking about the use of CCTV for the detection of crime.

A Scotland Yard study of the effectiveness of surveillance cameras revealed that almost every Scotland Yard murder inquiry uses their footage as evidence. In 90 murder cases over a one-year period, CCTV was used in 86 investigations. Officers said it helped to solve 65 cases by capturing the murder itself on film, or tracking the movements of the suspects before or after an attack. The recent case in my constituency of the “crossbow cannibal”, who was convicted of murdering three prostitutes and dumping their bodies in the river, provides a good example, as he was caught only because there was CCTV in the block of flats where he was committing his crimes.

CCTV evidence is not only a valuable tool for the police. It is invaluable in courts on two levels: to convict the perpetrators of crimes, and to acquit those who have not committed a crime. CCTV footage provides conclusive and unbiased evidence, devoid of anyone’s spin or recollection bias, which not only saves courts’ time and money, but prevents witnesses from having to go through the often stressful and unpleasant ordeal of giving evidence in court. Equally, CCTV can prove that someone is being wrongly accused of committing a crime, as was the case with Edmond Taylor. His conviction for dangerous driving was quashed on appeal when CCTV footage showed that a white man had actually committed the offence—Mr Taylor is black.

Another useful tool that we should be promoting is automatic number plate recognition. It was through the use of ANPR, and that alone, that PC Sharon Beshenivsky’s killers were caught. On 18 November 2005, Sharon Beshenivsky was shot and killed during a robbery in Bradford. The CCTV network was linked into an ANPR system and was able to identify the getaway car and track its movements, leading to the arrest of six suspects. The chief superintendant of West Yorkshire police called the ANPR system a

“revolutionary tool in detecting crime.”

When a 2005 Home Office report on public attitudes towards CCTV asked what people thought of the statement “Overall the advantages of CCTV outweigh the disadvantages”, 82% of those surveyed either agreed or strongly agreed.

People use “civil liberties” as an argument to support the case for reducing such technology. What I fail to understand is how footage of someone taken by CCTV cameras on a public street in the public domain invades their privacy or civil liberties. If someone has chosen to walk down the street, people can see them doing it whether they are recording it on a phone, observing what they are doing or watching it through a CCTV camera. Those actions are clearly not private.

These civil liberties arguments seem to be used against the DNA database too. I believe in real freedoms, and the fact that someone’s DNA is on a database does not prevent that person from going about their daily lawful business and it does not impinge on their freedoms in any way whatsoever. During the application for judicial review of the retention of DNA in the divisional court, the now Lord Justice Leveson stated that

“the material stored says nothing about the physical makeup, characteristics or life of the person to whom they belong.”

These civil liberties arguments about DNA and CCTV are bogus.

As a result of the Government’s proposals, murderers such as Ronald Castree would be free to roam the streets and potentially kill again. Castree stabbed 11-year-old Lesley Molseed in 1975 when she was on the way to the shop to buy bread for her mother. Stefan Kiszko was wrongly convicted and was jailed for 16 years for the murder until 2005 when Castree’s DNA was taken after he was arrested but not charged over another sexual attack.

It is a fact that many violent criminals have been jailed only because their DNA was taken when they committed a minor offence. These criminals include Dennis Fitzgerald, who was sentenced to eight years’ imprisonment for the rape of a woman in November 1987, and Nasser Mohammed who was jailed in 2008 for raping a woman in 2002 after his DNA was taken when he was picked up for a minor offence. Often, a DNA match is the only thing that finally brings people to justice.

Figures from the National Policing Improvement Agency state that in 2008-09, 32,209 crimes were detected in which a DNA match was available or played a part, and the latest annual report on the national DNA database concluded that six in 10 crime scene profiles loaded up to the database were matched to a subject profile. In addition, 147,852 crime scene sample profiles could be solved if we had a national DNA database—these are instances where a sample has been taken at the crime scene but there is, as yet, no match.

The DNA database can also be used to acquit the innocent. The very first murder conviction using DNA evidence, in 1988, proved the innocence of a suspect. Richard Buckland was suspected of separately assaulting and murdering two schoolgirls in 1983 and 1986, but when his DNA sample was compared with DNA found on the bodies of the two victims it proved that he was not the killer. Colin Pitchfork was later arrested, having been one of the villagers who had their DNA taken and a match was found.

Unless the Government change their stance on DNA and CCTV, they will be doing a huge disservice to people in this country. Their approach will lead to more unnecessary victims of crime and will further tarnish our reputation in the field of law and order.