Policing and Crime Bill

Steve Rotheram Excerpts

Monday 13th June 2016 Commons Chamber

[Mike Penning]

Absolutely. I can say categorically that we do not want to handcuff the inspector. If an inspector needs to bring in further expertise, whether from UKAS or others, they will be able to bring that to the attention of the Ministers responsible. There will not be a requirement to come to the House.

This is a really positive move for the fire service, and the chiefs have welcomed it. They have been supportive in the meetings that I have had with them. I am not sure whether they all support the proposal, because the ones who do not support it might not have been banging on my door quite as hard as the ones who do. Naturally, I will come back to the issue in responding to the debate if we have time.

I will touch briefly on DNA and fingerprint retention, which is an extremely important and sensitive topic. New clauses 49 and 50 will help the prevention and detection of crime by enabling DNA profiles and fingerprints to be retained on the basis of convictions outside England and Wales, in the same way as the material could be used if the offence had taken place in England and Wales. We are trying to protect the public. The measures, which have been requested, will apply specifically to offences committed outside England and Wales that would be offences in England and Wales. The amendments made by new clauses 40 and 50 to the Police and Criminal Evidence Act 1984 and the Terrorism Act 2000 will enhance the effectiveness of the national DNA and fingerprint databases and help our police keep us safe, which we all want, especially in the light of the heightened threat.

New clauses 51, 52 and 53 and new schedule 2 will strengthen the existing cross-border powers of arrest provided for in the Criminal Justice and Public Order Act 1994 and appear to be supported across the House.

I want to listen to the shadow Home Secretary’s comments, so I will touch only briefly on the new clauses that he has tabled, which we have discussed together with the shadow Policing Minister, the hon. Member for Birmingham, Erdington (Jack Dromey). I know that the Home Secretary, too, has discussed them with the shadow Home Secretary. It may assist the House if I say a few words about them now. As I said earlier, we welcome the constructive approach from the Opposition, and in particular from the Hillsborough families and the campaign group. We would not be discussing these issues now without their bravery, for which I praise them. The work carries on; it will not stop, whatever happens today.

[Steve Rotheram (Liverpool, Walton) (Lab)]

The Minister mentioned the Hillsborough families, some of whom are here today to hear his words. Will he give categorical assurances to them and to other campaigners on historical injustices that that sort of thing could never happen again once new clause 63 becomes law?

[Mike Penning]

No Minister could stand at the Dispatch Box in any Parliament in the world and give such a categorical assurance. We have moved an enormous way forward, through the perseverance of the Home Secretary and the shadow Home Secretary. Although we are trying as hard as we can, without consequential effects on other legislation, to make sure that a terrible situation such as Hillsborough never happens again, I cannot categorically give the hon. Gentleman the assurance he asks for. I know that that will disappoint him, but he will understand where I am coming from. All through today’s debate and beyond, when the Bill goes to the other House, I will be as helpful as I can.

We recognise the strength of feeling on these issues, and particularly the public concern to ensure that police officers who commit the most serious acts of wrongdoing can be held to account for their actions, no matter when they come to light. We are talking here not about criminal actions, for which criminal proceedings can be brought against individuals, but about disciplinary action against a police officer.

Having looked carefully at the new clauses tabled by the shadow Home Secretary, and following discussions that I have had with the shadow Policing Minister, we will table an amendment in the House of Lords to allow, in exceptional circumstances, an unlimited extension of the 12-month time limit that we propose in the Bill. It is understood that that does not apply to every offence. We will work with the shadow Home Secretary and his team—and, I hope, the Hillsborough families and Bishop James—on the drafting of the relevant regulations so that we can make sure that they do what it says on the tin. We will keep the 12-month rule, but in exceptional circumstances, based on regulations, we will be able to look at historical cases—not criminal cases—and take action against a former police officer. The 12-month time limit will remain, but we will work on the regulations. That is a significant move on our part.

The measure will apply to police officers serving with a police force at the point at which the provisions come into force. In line with established principles, we do not believe that it would be appropriate to apply such a provision retrospectively. However, this is a significant move so that, as the hon. Member for Liverpool, Walton (Steve Rotheram) suggests, families will have further protection in future.

On new clause 66, which is about the police and the media, I assure the House that the consultation that is going on with the College of Policing, which we have discussed with the shadow ministerial team, is actively looking at the guidance on the issue. I am not going to predict exactly what the college will come forward with, but it would not be actively looking at the issue if it was not there, and we will wait for the college to come forward.

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[Andy Burnham]

That is a good offer and I thank the Minister for it. I think we can move forward on that basis. I hope we all know what we are trying to achieve—that is, if serious wrongdoing comes to light about an individual who is beyond 12 months retired, it must be possible for misconduct or disciplinary proceedings to be initiated against them. Our amendment says that there should then also be sanctions that are able to be applied against that individual. I say to the Minister that we will want to insist on that point as well.

If we can agree to move forward on that basis, that is a considerable example of progress that matters greatly to the Hillsborough families, who, as they were continuing their 27-year struggle, felt very aggrieved when they saw individuals who had retired on a full pension and who they felt were beyond reach and could not be held to account. I believe that this should apply retrospectively. Misconduct is misconduct whenever it occurred, and people should be held to account for their actions.

[Steve Rotheram]

I thank the Minister for coming partly towards the position that we believe should be taken, but can we clarify one point? We are talking about serious wrongdoing—malfeasance and gross misconduct —by police officers. We have mentioned Hillsborough, so many people will spin that with regard to the conduct of officers—ordinary officers—at that disaster in 1989. There are no accusations against many of the ordinary officers, who performed heroically: it was the senior officers who let people down, and then, in some cases, took the opportunity to get away scot free through the cop-out of using ill health—

[Madam Deputy Speaker (Natascha Engel)]

Order. If the hon. Gentleman wishes to make a speech, he can stand up to indicate when he wishes to do so, but this an intervention, and interventions must be a little shorter.

--- Later in debate ---

[Steve Rotheram]

In March 2013, the Prime Minister said that Leveson 2 should go ahead without further delay. The Secretary of State told the Select Committee that he was awaiting a further Government statement. Does my right hon. Friend agree that the three years that have passed since the Prime Minister’s promise have been far too long for many of the victims of press intrusion?

[Andy Burnham]

I would certainly say so. I cannot understand why there is any doubt about this, given the clarity of the Prime Minister’s statements, which I have read out, and given that the Chair of the Home Affairs Select Committee, my right hon. Friend the Member for Leicester East (Keith Vaz), has just said that the promise was made not only to the victims but to senior parliamentarians. I do not see how this commitment can be negotiable.