Draft Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 Debate

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Department: Ministry of Justice

Draft Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016

Stephen Doughty Excerpts
Monday 4th July 2016

(8 years, 4 months ago)

General Committees
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Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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It is a pleasure to serve under your chairmanship, Mr Wilson. I support entirely the aims of the order and my Front-Bench colleague’s position, not least on the provisions about the protection of children, which I think we would all agree is crucial. However, I have become aware of an unusual case in my constituency that I want to share with the Minister, because it shows that some inconsistencies exist within the current system of sensitive occupations for which convictions may or may not have to be disclosed. If I might put that case to the Minister, perhaps he will come back to me in writing or express his views on it, because I think it is worth looking at.

The case concerns a constituent who has served extensively in the British armed forces, including as a Royal Military Police officer, and has also been on detachment to police forces in other countries around the world. He served with distinction and in fact has been commended for his work both with the RMP and when attached to an overseas police force, but unfortunately, he received a relatively minor conviction as a teenager, I believe involving the theft of a motor vehicle. From what I gather about the case, he is completely reformed and had served with distinction in the forces and in those roles. He wanted to serve in the police force in this country, not least given his experience, but he has been told at various points that that would not be possible because that would involve the disclosure of that relatively minor offence from his teenage years and because of the risk that that may pose.

There does seem to be an inconsistency, however, because although he was allowed to serve as an RMP officer and with a police force in another country, he appears to be barred from joining the police force in this country. Indeed, when I have spoken to police officers who know him, they argue he is exactly the sort of person they would want to recruit, not least given his extensive experience and commitment to the role, but they cannot do that because of those inconsistencies. Interestingly, he applied and got accepted for and now works as a prison officer, which one would argue is an important and sensitive role for which such matters should be disclosed.

I accept that such cases are extremely rare and often extremely unusual, but I would appreciate it if the Minister would look into that and the wider consistency of application. I think my constituent feels that there is at least an inconsistency if not an injustice which means he cannot apply to be a police officer. I say that while fully agreeing with the Minister that this is an important order and I entirely support the principles behind it.