Macpherson Report: Twenty-two Years On

Siobhain McDonagh Excerpts

Thursday 7th July 2022 Westminster Hall

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move,

That this House has considered the Third Report of the Home Affairs Committee, Session 2021-22, The Macpherson Report: twenty-two years on, HC 139, and the Government Response, HC 274.

It is an enormous pleasure to serve under your chairship today, Ms McDonagh. I am grateful to the Liaison Committee for allocating time for this debate, although I am well aware that events outside this place may be occupying hon. Members’ time this afternoon, so we do not have many Members present.

I am very pleased to see that we have a Home Office Minister with us, the Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove); I was worried when I heard that the former Policing Minister, the right hon. Member for North West Hampshire (Kit Malthouse), had been promoted to the position of Chancellor of the Duchy of Lancaster. I send my congratulations to him. I am very pleased to have the Minister here, and I am sure he is fully apprised of all the issues that I will raise.

I am sorry that the Home Affairs Committee felt the need to hold this debate. When we produce a report, it is normal to get a response from the Government within eight weeks. In this case, it took eight months. The Committee applied to the Liaison Committee for a debate in which to discuss the report, because we were concerned to ensure that the important issues we highlighted were raised in this place, and had not yet had a response from the Government. We subsequently got a response, and we are disappointed, shall we say, that the clear calls that we made on the Government in our very detailed and evidence-based report were not always heeded. We are pleased to have this opportunity to discuss some of the shortcomings of the response with the Minister.

This debate is particularly timely in the light of recent events, including the report on Charing Cross police station by the Independent Office for Police Conduct. I thank the former Chair of the Home Affairs Committee, now the shadow Home Secretary, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), for leading the Committee during this inquiry.

I want to set the report and this debate in the proper context. Stephen Lawrence, a black teenager, was murdered on 22 April 1993 in an unprovoked racist knife attack in Eltham, south London. The inquiry into his murder, led by the late Sir William Macpherson, uncovered major failings in the police investigation and in the way Stephen Lawrence’s family and his friend Duwayne Brooks were treated. Many of the findings and the subsequent 70 recommendations made by the Stephen Lawrence inquiry focused on long-standing issues that remain relevant today.

The Committee’s inquiry was prompted by concern that in some areas, in the words of Baroness Lawrence,

“things have become stagnant and nothing seems to have moved.”

Our inquiry sought to assess progress against some of the most important Macpherson report recommendations on: community confidence; tackling racist crimes; recruitment and retention of black and other ethnic minority officers and staff; race disparities in the use of stop and search and other powers; and the late Sir William Macpherson’s overall aim of

“the elimination of racist prejudice and disadvantage and the demonstration of fairness in all aspects of policing.”

The Committee found that policing today is very different from 23 years ago. Since the Macpherson report was published, there have been important improvements in policing, including significant improvements in the policing of racist crimes, commitments made to promoting equality and diversity, and good examples of local community policing.

At this point, I ought to acknowledge the work of our police officers and staff. Across the country, police forces work hard each day to tackle crime and keep all our communities safe. Police officers and staff work immensely hard to deliver fairness in policing, to support black and minority ethnic victims of crime, to tackle racist hate crimes and to support community cohesion. The important role the police play in our communities is the reason the Home Affairs Committee produced the report.

Having said all that, I want to be clear that our inquiry also identified persistent, deep-rooted and unjustified racial disparities in key areas, including a decline in confidence and trust in the police among some BME communities, lack of progress on BME recruitment, problems in misconduct proceedings, and unjustified racial disparities in stop and search. In those areas, we proposed urgent action. We found that there had been an increased focus in policing on race inequality since the murder of George Floyd by a police officer in the United States of America in 2020, which again shone a spotlight on race injustice across the world. Reforms announced by individual forces, the National Police Chiefs’ Council, Her Majesty’s inspectorate of constabulary and fire and rescue services and the IOPC are, of course, welcome. However, it should not have required video footage of the murder of a black man by a police officer and the ensuing Black Lives Matter protests to concentrate the minds of the Government and the police on the imperative of race equality.

We are extremely grateful to everyone who contributed to our inquiry. We recognise that, for some, that involved retelling difficult and painful events. We would particularly like to thank Baroness Lawrence, Dr Neville Lawrence and Duwayne Brooks for their time and contributions. I also particularly thank the young people who shared their experience of the police with the Committee and who, along with the many other contributors to our inquiry, provided invaluable evidence that underpins our recommendations and conclusions. I thank our specialist adviser, Dr Nicola Rollock, and our specialist adviser on policing and the former chief constable of Greater Manchester police, Sir Peter Fahy, for their valuable input.

Although the report was extensive and we covered many issues, I will focus my contribution on four key areas that the Committee considered. First, I want to focus attention on confidence in policing among BME communities. The Macpherson report called for it to be a ministerial priority that all police services should

“increase trust and confidence in policing amongst minority ethnic communities.”

However, all these years on, evidence to our inquiry showed that there is a significant problem in black communities with confidence in the police, particularly among young people. The report noted:

“Adults from Black and mixed ethnic backgrounds are less likely to have confidence in the police than adults from White or Asian backgrounds and the confidence gap has widened over the last few years.”

Our report also noted that 67% of white adults said they believed the police would treat them fairly

“compared to 56% of Black adults. All victims of crime should feel confident in turning to the police for help.”

It is of deep and serious concern that black people have much lower expectations than white people of being treated fairly and with respect by the police.

Data for England and Wales also suggest that the confidence gap between black people and white people in their local police is even greater among young people. In May 2019, we held a private roundtable with a group of young BME people from London aged 17 to 30 on their experiences, their views of their relationship with the police, and the use of stop and search. This was not universal, but the majority of participants told us that their experiences with the police had been negative, and that they did not feel confident in approaching the police for protection. The former Metropolitan Police Commissioner, Dame Cressida Dick, told us that,

“in London, following police encounters with young people, she often saw officers sending the young person off with a smile on their face.”

Indeed, our report added that

“She said that it was the police’s responsibility to ensure that ‘each interaction’ with a young person was as positive as possible”.

By contrast, a young participant at our roundtable told us that the Metropolitan police’s stop and search procedure was

“more hostile than professional”.

He said it was difficult for young people to trust the police due to their stereotyping of BME communities as likely criminals.

Our inquiry also found a lack of data on confidence by ethnicity at a local force level. That makes it much harder to hold local forces to account for concerns about BME communities’ confidence in the police. Concerningly, we found that increasing trust and confidence in policing is not being treated as a policing priority, or a ministerial policing priority.

I am pleased that the Government have agreed on the need to monitor trust and confidence in policing, both nationally and locally, and that they have improved the way in which they collect and use data, including on stop and search and community confidence. However, their response did not say how the Home Office is monitoring confidence among black and minority ethnic communities in policing locally. I hope the Minister can provide us with an update on progress, specifically on how his Department is working with police forces to collect data on confidence in policing.

I turn to the issue of recruitment and progression of BME officers and staff. Throughout our inquiry, we heard concerns about community confidence in the police, the use of certain police powers, and wider racism in policing. Communities’ concerns about the racial disparities that we identified are exacerbated by the lack of BME police officers and staff at all levels of the police force.

The Macpherson report recommended that police forces be representative of the communities that they serve, and that targets be set for recruitment, progression and retention of minority ethnic police officers. However, the 10-year target set by the then-Home Secretary included a target for overall minority ethnic representation of 7% in the service by 2009. That was not met. Our report highlighted that even by 2020, BME officers represented just 7.3% of the police service across England and Wales. That figure is now 7.6%, but that is still far below 14%, which is the percentage of the population in England and Wales who identify as BME. Concerningly, under-representation is most marked in senior ranks. Only 4% of officers at or above the rank of chief inspector were from BME backgrounds; that figure is now 5%. 

We found that police forces across the country have failed to do enough to increase BME recruitment, retention and promotion for decades; there has been a lack of focus, consistency and leadership on driving that recruitment and promotion for far too long. Shockingly, our analysis suggests that, at the current rate of progress, we will not have a properly representative police force in England and Wales for another 20 years. Just think for a moment: that would be four decades after the Macpherson report raised the seriousness of this issue, and nearly half a century after the murder of Stephen Lawrence. 

More positively, we found that some forces—notably Nottinghamshire and Greater Manchester—are making significant progress in increasing BME recruits by taking positive action such as having targeted recruitment campaigns, working on youth engagement and outreach, and working with local community and faith leaders. However, the vast majority of forces are still failing to recruit enough BME officers to ensure that the proportion of BME people in the force is the same as the proportion in the local population. 

I am therefore disappointed that the Government have rejected our recommendation to agree minimum targets for the recruitment of BME officers, so that constabularies reflect the composition of their local populations and we achieve at least 14% BME representation of officers nationally by 2030. Instead the Government response suggests that

“forces should be striving to become more representative of the communities they serve”.

That is not good enough. I would therefore be grateful if the Minister outlined what work the Home Office is doing to monitor how all 43 forces in England and Wales are working to reflect the composition of their local populations. Could he tell us what proportion of police forces are currently representative of the communities they serve? Also, what work has the Home Office planned to improve BME recruitment in policing when the uplift programme ends in 2023?

On police misconduct and discipline, during our assessment of the progress police forces have made on the Macpherson report’s recommendations about diversity in the police workforce, we repeatedly heard concerns about the higher likelihood of BME officers resigning voluntarily or being dismissed from their force. There is a clear racial disparity in the number of officers being dismissed from police forces—BME officers are more than twice as likely as white officers to be dismissed—and in the number of BME officers subjected to internal disciplinary processes. It is extremely troubling that the disparity has been allowed to continue for so long without serious action being taken by police forces to investigate or address the problem, so we welcomed the work by the NPCC to instigate reforms, including improvements to training, misconduct guidance, welfare support and addressing the lack of BME officers in professional standards departments.

We also noted the NPCC’s 2019 report on disproportionality in police complaints and misconduct cases for BME officers and staff, which identified that 63% of Home Office police force professional standards departments had no BME police officers or staff. That is deeply troubling and totally unacceptable. Our recommendation is that forces must address unacceptable racial disproportionality in their PSD composition. More positively, we welcomed the work done by some forces to draw on BME advisers and seek to address the lack of BME representation in PSDs, as reported in the NPCC’s recent review. However, we urged all forces to address the problem and demonstrate progress by the end of 2021. Additionally, we recommended that the NPCC conducts a review on this issue and reports within a year.

I am pleased that, in their response, the Government recognise the risk posed by a lack of appropriate BME representation on a number of PSDs. It is also encouraging that ethnic minority representation on PSDs has risen by 2% since 2020, but clearly there is a lot more to do. The Government response said that the NPCC is working across policing to ensure appropriate representation and involvement of minority ethnic officers in decision-making processes in professional standards departments, so can the Minister update us on the progress, and provide details of both the Government’s work and that of the NPCC to address ethnic diversity in PSDs?

Finally, I want to discuss the use of stop and search. We heard troubling examples of stop and searches being conducted in a manner that was deeply alienating and uncomfortable. Many of the young BME participants that the Committee heard from in a private roundtable session felt that they were unjustly targeted by the police from a young age, which led to mistrust. One such participant, Witness M, who reported that he was first arrested at the age of 13, told us that he was “nearly stabbed” in 2018 but did not want to speak to the police when they asked if he was involved, due to his negative experiences with the police from such a young age.

At the time the Committee’s report was published, Home Office data showed that black people were over nine and a half times more likely than white people to be stopped and searched. The latest Home Office data—to 31 March 2021—show that black people are seven times more likely than white people to be stopped. Our report acknowledged that stop and search is an important police power, and the Macpherson report’s conclusion that it has a useful role to play in the prevention and detection of crime still applies. However, no evidence to our inquiry has adequately explained or justified the nature and scale of the ethnic disproportionality in the use of stop-and-search powers, particularly in possession of drugs searches.

At the time of our report’s publication, evidence showed that black people were less likely than white people to have used drugs in the past year, but they were 2.4 times more likely to be stopped and searched for drug possession. Indeed, in its February 2021 spotlight report on the disproportionate use of stop and search and the use of force, Her Majesty’s inspectorate of constabulary and fire and rescue services found that

“Drug enforcement, mainly through stop and search, contributes to ethnic disproportionality despite evidence that there is no correlation between ethnicity and rates of drug use.”

Our report also recognises the importance of the police being able to take action against knife crime, including through stop and search, but highlights that only 16% of reasonable grounds searches in 2019-20 were conducted to find offensive weapons. I am encouraged by the fact that the Home Office’s response confirms that the NPCC has undertaken an initial review of forces’ implementation of recommendations made by HMICFRS in its 2021 report on the disproportionate use of police powers, which the Home Office said

“showed that the majority of forces have already implemented the recommendations or have plans in place to do so.”

I hope the Minister can tell us how many of the 43 forces in England and Wales have implemented those recommendations on the disproportionate use of police powers. Can he also confirm whether that review is in the public domain?

Unfortunately, I have only been able to touch on the surface of the myriad issues we raised in our report, but I hope I have been able to give an overview of what is a very comprehensive report and the issues it raises—some of which, sadly, have not been satisfactorily answered in the Government’s response. Our inquiry has found that the Macpherson report’s overall aim of the

“elimination of racist prejudice and disadvantage and the demonstration of fairness in all aspects of policing”

has still not been met. We have identified persistent, deep-rooted problems where too little progress has been made because of a lack of focus and accountability on issues of race. While that is the case, trust between the police service and black and minority ethnic communities will remain low, and the long-standing Peel principles of fairness in policing and policing by consent will continue to be undermined. The commitments made over the past year by the NPCC, individual forces, and senior police officers to a step change in addressing race equality in policing are important and welcome, but commitments have been made in the past that were not then delivered on. This time needs to be different, or confidence may be permanently undermined.

[Siobhain McDonagh (in the Chair)]

I call Anne McLaughlin to sum up on behalf of the Scottish National party.