Policing in South-West London

Debate between Sarah Olney and Kit Malthouse

Wednesday 7th October 2020 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

I congratulate the hon. Member for Richmond Park (Sarah Olney) on securing this important debate, and I am grateful to the hon. Member for Twickenham (Munira Wilson) for her contribution.

I have to say that I am surprised that in more than 12 months as Minister for Crime and Policing, this is the first Adjournment debate that I have done on crime. There have been lots of other debates about process-type issues, or issues of concern to Members, but not about crime, which is a frustration I find myself expressing about much of the policing family. There is lots of talk about process, computers and human beings, and all that is very important, but in the end the product, which is fighting crime, has to be our primary concern.

I am therefore pleased that the hon. Member for Richmond Park has raised this issue from her part of the world. Although it is a very safe part of London and, indeed, a very safe part of the country, that does not mean that we should not pay attention to the concerns of her residents. She should be assured that wherever and however a crime occurs in this country, it is a personal offence to me that it has, and I will be stretching every sinew in the time that I am allowed in this job to do something about it.

I start by offering my congratulations and thanks, along with the hon. Lady’s, to Chief Superintendent Benatar, who is moving on to pastures new. Presumably she is no relation to the pop star of the same surname from my youth, Pat Benatar, whom the hon. Lady may well know; it is an unusual name that sticks in the memory. I also welcome Lis Chapple, who is coming along hopefully to do as fine a job. We should recognise that south-west London in particular has been rocked by a tragedy in the policing family—a terrible, heinous crime that occurred a couple of weeks ago with the death of a police sergeant in Croydon. That is deeply, deeply regrettable and is something that we all mourn.

Moving on to the broad issues, the speech that I was given to read out today, as Ministers are wont to do in Adjournment debates, is not entirely appropriate to what was raised by the hon. Lady, notwithstanding the steers that were given to us. I am going to do what I think is known technically in the trade as winging it.

Broadly, I think the hon. Lady raised four issues. On funding, I am sure she will understand that we stand apart slightly from the police funding in London. The best we can do is to provide significant and generous funding to the Mayor’s Office for Policing and Crime through the police funding settlement, and that is exactly what we did last year. The overall police funding package went up by about £1 billion to £15.2 billion, and a very significant proportion of that went to London. Much of that was to fund an uplift in police officers, as part of the 20,000 extra police officers we will be recruiting over the next three years. The Met allocation is 1,369, which is a lot. I know that recruitment has gone extremely well in the Metropolitan police, and numbers are up 4-point-something per cent. year on year. I am pleased to say that over 92% of those police officers are dedicated to frontline duties, which is a very high proportion.

The hon. Lady rightly pressed me, and there will be more to come. That number is just the Met’s share of the first 6,000, and there are another 14,000 to recruit. I am hopeful we will be announcing the allocation of those soon. It has obviously got wrapped up in the discussions with Treasury colleagues in the spending review, but our commitment to recruiting those 20,000 is rock solid. Indeed, it is a bigger job than 20,000, because we actually have to recruit about 45,000 to backfill those who are retiring during that period to make sure we reach an extra 20,000. That will give us an extremely high number of police officers, not least in the capital.

The hon. Lady raised the issue of covid being a distraction for the police and said it has been a huge burden for them, and indeed it has. The police have frankly done a brilliant job of dealing with a fast-moving and very complex backdrop to their job. They have had to embrace a new role over the past few months that they have never done before. They have done it with alacrity and happily.

The resilience of the police has been incredible, frankly. In many parts of the country, absence in police forces has dropped below pre-covid levels. It is almost as if police officers across the country wanted to step forward and do their bit at this time of national crisis in a way that they perhaps have not done in the past. Many a detective has squeezed into their uniform and got out on the frontline to do their bit for the national effort to fight crime.

There have also been other impacts. Some of the demonstrations that we have seen, especially in central London, have had an impact on the police, particularly in terms of the extractions that the hon. Lady mentioned, not least because many of those disputes take place out of normal hours—at weekends or whatever—and require overtime, which mean that rest days or holidays are missed that have to be caught up. There becomes a backlog of time not spent policing that is absorbed by that public order duty. We also find that has an impact on the workforce, because, frankly, they become tired. If an officer is busy out fighting crime and then they are called to a demonstration in central London to do their public order duty, often it means they miss that downtime with their friends, their family, or whatever it might be. They become tired and weary, and that has to be rectified, too.

[Sarah Olney]

The Minister makes the point about demonstrations this summer, and obviously I am aware that there have been quite a few. I just wonder whether there have been significantly more than there normally are in any given year. Should the resourcing plan perhaps not take account of that, in as much as if people are being called to these additional duties, the resourcing plan should have enough in it to reflect, as he says, the rest days that they then need to catch up on?

[Kit Malthouse]

I do not think that there have been appreciably more demonstrations. In fact, we may well have seen years in the past when there were bigger demonstrations. However, a lot of the demonstrations this year took place against the backdrop of covid and, as they say in policing, had “potential” and therefore required that a greater potential resource might be appropriate. If the police have intelligence or a sense that a public order situation might get a little out of hand, frisky, or even turn violent, there will often be police officers held in reserve elsewhere, away from the action, to be called up, should they be required. They may well be wearing more body armour or protective equipment just in case things, as they say, kick off. We have seen that once or twice this summer, sadly.

To be honest, that is part of the regret about some of these demonstrations, well-meaning though they may have been, such as the Extinction Rebellion demonstrations that cause so much difficulty. They do absorb police resource—I do not think people realise how much—and very many of those officers are drawn from neighbourhood policing and neighbourhood teams. They are trained to public order standards so that they can be extracted—or abstracted, if you like—and that does cause problems in neighbourhoods, not just on the day, but in the catch-up, because it absorbs rest days, holidays, training days and other days that are naturally part of a police officer’s cycle of existence. There is an element of tail—of absorption —that causes a problem. However, the Metropolitan police—we have been in constant touch with the force, on an almost daily basis—has done a fantastic job from top to bottom over the last few months. It has been really fantastic and I pay tribute to it for the work that it has done.

The other area that the hon. Lady mentioned is antisocial behaviour. While she is hearing from her residents that they have a particular experience that is causing them concern over antisocial behaviour, we have seen a fall in antisocial behaviour across the country over the last few years. During the covid lockdown, the Office for National Statistics could not do its standard crime survey, so it was doing telephone surveys throughout it on crime. The ONS’s results show that about 20% of the people who they called during the lockdown witnessed antisocial behaviour during the three months of lockdown, but, at the same time, 21% said that they saw a reduction in antisocial behaviour during that period, so nationally, the figure is broadly flat. Nevertheless, I understand that in a low crime area, such as Richmond or Twickenham, the impact of antisocial behaviour is amplified because people are used to existing with a much quieter background in that leafy part of London. Antisocial behaviour does have that impact.

While the police should and could play their part, I ask that both the hon. Member for Richmond Park and the hon. Member for Twickenham make sure that their local authority is making full use of the tools that were given to communities and local authorities in the Anti-social Behaviour, Crime and Policing Act 2014. There is a suite of tools there, such as civil injunctions, criminal behaviour orders, public space protection orders, community protection notices, dispersal powers and closure powers, all of which could be used. Some of the antisocial behaviour to which the hon. Member for Richmond Park referred is related to licensed premises and the consumption of alcohol, and making sure that local authorities have both their licensing policy and enforcement in good shape is critical to success.

[Sarah Olney]

Perhaps it would be helpful to clarify that some of what I described in my speech as antisocial behaviour has been referred to by the police, I believe, as unlicensed musical events or in that sort of category. It is my understanding that there has been a big increase in that across London during the summer, particularly as there have been no licensed musical events such as Glastonbury or other festivals, and nightclubs have all been closed. A lot of that activity has moved to open spaces. That is the experience that we have been having in Richmond and in Twickenham.

[Kit Malthouse]

Yes, the hon. Lady is right. We have seen a surge in unlicensed music events across the whole country as two things happened. First, young people have a natural desire to be sociable, but for them, the rock concert/festival schedule was abandoned. However, at the same time, in one or two instances, there is perhaps initial evidence to show that those involved in the drugs industry are co-ordinating these events as a natural place in which they can sell drugs. Dealing with that was behind the regulations that the Government introduced to impose £10,000 fixed penalty notices on those who organise such gatherings. As she will know, a number of those penalty notices have been handed out. With unlicensed music events, the police have powers to confiscate equipment, and they very often do so. Sadly, however, despite the fact that such equipment costs several thousand pounds, they are under a duty to return it in time. I did wonder whether we could either take our time returning it or find some other use for it, to act as a suitable disincentive to organising such events, but the £10,000 fixed penalty notice was apparently more powerful.

Since then, there has been a reduction in unlicensed music events. Some of that has related to—let us say—assertive action by the police, and the change in the regulatory environment. It has also, frankly, related to the weather. As the Under-Secretary of State for Wales, my hon. Friend the Member for Monmouth (David T. C. Davies), who is sitting in the Whip’s place, will know—he has been, in the past, a special constable of some note—the police often refer to their greatest friend and ally in fighting crime as PC Rain. The weather will, we hope, have a depressive effect on such events over the autumn.

Alongside all the powers, however, the hon. Lady is quite right to say that there is an urgent desire in London, in particular, and in the whole country for a greater sense of police presence. People want much more assurance that public space is governed and controlled. That desire is a large part of what lies behind our pledge to recruit 20,000 more police officers.

[Kit Malthouse]

I recognise the issue that the hon. Lady raises, but as a former cabinet member for finance in a London borough for five years, although I understand the funding pressures on councils, much of their financial fate lies in their own hands. During my time in local government in the capital, we saw, let us say, variable performance from a financial point of view. There were those who managed their finances well, and those who did it not so well.

I have not looked recently at the balance sheet of Richmond Council, and I would be happy to have that discussion if the hon. Lady wishes. Nevertheless, it is not terribly expensive to put in place, for example, a public spaces protection order. Such an order could be used somewhere like a park, where antisocial behaviour is taking place. The order can insist either that certain activities do not take place or, indeed, that certain things should take place, and the breaching of it is an offence. If Richmond Council wanted to focus on that, I am sure that it could. The council has, obviously, changed hands politically a number of times, but in my day it was never known for being on the back foot, under either Conservative or Liberal Democrat control, when it came to protecting its residents. I hope and believe that it will step forward this time as well.

Both hon. Members raised the issue of privately funded police forces. I am a Conservative, and I believe in freedom of association. I would therefore not want to restrict the ability of private individuals to gather together to protect themselves in a particular way. We see that happening in other parts of our world. For example, the Jewish community in this country has its own protection organisation called the Community Security Trust, which mounts guards and protection outside synagogues every Saturday because they are a particular community who feel that they might be targeted when they are on their way to worship their God. That is legal, allowable and perfectly reputable, as far as I am concerned.

[Sarah Olney]

Does the Minister not accept that there is a difference between arranging a private security firm to protect private property and arranging a privately funded police force to patrol a public area?

[Kit Malthouse]

Actually, the Community Security Trust is not a security organisation. It is a voluntary organisation and, as I understand it, members of the community volunteer to be part of the CST to protect their own community. It does require some funding, but it is nevertheless very organised and they train very well. It is a remarkable organisation. In fact, it has worked with other faith groups and talked to them about their own safety, because sadly, many faith groups are often the target of extremists.

Of course, we have private security firms who cater to businesses and others at events and concerts—like those rock concerts that have not happened this summer—and who do that kind of work, so I am hesitant to condemn it. However, the situation that the hon. Lady is talking about, which we have seen elsewhere in the capital, not least in St John’s Wood over the past 10 or 12 years, is undesirable. It would be great to be in a position where people did not feel a compulsion to do those things because the police presence was such that they felt a sense of governed space and security, and my hope and ambition is that, over the next three years, that is exactly where we will get to.

Question put and agreed to.

Automated Facial Recognition Surveillance

Debate between Sarah Olney and Kit Malthouse

Monday 27th January 2020 Commons Chamber

[Sarah Olney (Richmond Park) (LD)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on police use of automated facial recognition surveillance.

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

The Government are supporting the police and empowering them with the tools they need to deliver on the people’s priorities by cutting the crime that is blighting our communities. We have already pledged 20,000 more officers, new powers and the biggest funding increase in a decade, but embracing new technology is also vital and we support the use of live facial recognition, which can help to identify, locate and arrest violent and dangerous criminals who may otherwise evade justice.

Live facial recognition compares the images of people passing a camera with a specific and predetermined list of those sought by the police. It is then up to officers to decide whether to stop and speak to those flagged as a possible match. This replicates traditional policing methods such as using spotters at a football match. The technology can make the search for suspects quicker and more effective, but it must be used strictly within the law.

The High Court has found that there is an appropriate legal framework for the police use of live facial recognition, and that includes police common-law powers, data protection and human rights legislation, and the surveillance camera code. Those restrictions mean that sensitive personal data must be used appropriately for policing purposes, and only where necessary and proportionate. There are strict controls on the data gathered. If a person’s face does not match any on the watchlist, the record is deleted immediately. All alerts against the watchlist are deleted within 31 days, including the raw footage, and police do not share the data with third parties.

The Metropolitan Police Service informed me of its plans in advance, and it will deploy this technology where intelligence indicates it is most likely to locate serious offenders. Each deployment will have a bespoke watchlist made up of images of wanted people, predominantly those wanted for serious and violent offences. It will also help the police to tackle child sexual exploitation and to protect the vulnerable. Live facial recognition is an important addition to the tools available to the police to protect us all and to keep murderers, drug barons and terrorists off our streets.

[Sarah Olney]

We must not allow the UK to become a society in which innocent people feel as though their every movement is being watched by the police. We must not throw away UK citizens’ right to privacy or their freedom to go about their lawful business without impediment.

An independent review of the Met’s facial recognition trial was published last July, and its conclusions are damning. Does the Minister agree with the report that the legal basis for this roll-out is questionable at best and is likely to be in conflict with human rights law? According to an analysis of the Met’s test data, 93% of supposed matches in the four years of trials have been wrong. As well as being inaccurate, facial recognition technology has been shown to be much less accurate in identifying women and ethnic minorities than in identifying white men. This means that women and black, Asian and minority ethnic people are much more likely to be stopped without reason than white men. Given that a black person is already 10 times more likely to be stopped and searched than a white person, does the Minister share the Liberal Democrats’ concern that this technology will increase discrimination and further undermine trust in the police among BAME communities?

The biometrics commissioner, the Information Commissioner and the surveillance camera commissioner have all raised concerns about facial recognition surveillance, and all three have argued that its impact on human rights must be resolved before a wider roll-out. What steps has the Minister taken since those warnings to examine and address the human rights issues they raise?

[Kit Malthouse]

The hon. Lady rightly raises a number of issues that need to be addressed in the operation of this technology. I assume she is referring to last year’s statement by the Information Commissioner’s Office. The commissioner reviewed the Met’s operation and raised some concerns about how it was operating the pilot of live facial recognition. Happily, the ICO put out a statement on Friday saying that it is broadly encouraged by the fact that the Met has adopted some of its recommendations in this deployment, although she is right that the ICO remains concerned about the legal basis.

Since the ICO report was published, we have had the judgment in a case brought against South Wales police’s deployment of this technology, in which the High Court found there is an appropriate legal basis for the operation of facial recognition. However, I understand that there may be an appeal, and there is a suspended judicial review into the Met’s operation, which may be restarted, so if Members do not mind, I will limit what I say about that.

As for disproportionality, there is no evidence of it at the moment; the Met has not found disproportionality in its data in the trials it has run, and certainly a Cardiff University review of the South Wales police deployment could not find any evidence of it at all. The hon. Lady is, however, right to say that in a country that prides itself in being an open and liberal society, we need to take care with people’s impressions of how technology may impinge upon that. As she will know, live facial recognition has an awful lot of democratic institutions looking at it, not only this House: the London Assembly has a policing ethics panel; we have the Surveillance Camera Commissioner and the Information Commissioner; and there is a facial recognition and biometrics board at the National Police Chiefs’ Council, which brings people together to look at these issues. There is lots of examination to make sure that it is used appropriately, and I am pleased to say that the Met will be operating it on a very transparent basis. As I understand it, the Met will be publishing information about which data was gathered and the success rate, and other information that will allow the public to have confidence that where the technology is deployed to identify wanted criminals it is having the effect intended.