Public Office (Accountability) Bill (Second sitting) Debate
Full Debate: Read Full DebateTom Morrison
Main Page: Tom Morrison (Liberal Democrat - Cheadle)Department Debates - View all Tom Morrison's debates with the Ministry of Justice
(6 days, 8 hours ago)
Public Bill CommitteesQ
Chief Constable Guildford: Having been consulted on the way through this, having thought about it quite considerably and having spoken to the director general of the IOPC, I think that the drafting at the moment is pitched at the right level, because it says that that harm needs to be of a serious nature. When it comes to setting out harm, it mentions phrases such as “departed significantly from”.
What will the impact of that be from my perspective? I think it will encourage leaders and individual officers to do the right thing. Initially, it may increase the likelihood that a narrative would be corrected earlier. Think back to some of the foundational pillars upon which this legislation rests, and a lot of the narrative that was, let us say, placed in the public domain around Hillsborough—and sometimes around other events where there is knowledge that is known to the police service and is able to be communicated, but which for whatever reason on occasions is not. Sometimes, in my opinion, that does not help with public confidence.
Going back to the question, I think this will encourage the clarification of issues at an earlier stage. But I suppose, on reflection, from a professional perspective, we have to balance some of that with an individual’s potential reluctance to say too much too early. Of course, the public quite rightly have an expectation that facts will be clarified and that information will be shared and placed in the public domain, and that is absolutely the right thing to do. That is the balancing act. It is important that it is pitched at the right level, which in my professional opinion it is. The “harm” is economic, physical or emotional, and I think it says it should be not inconsequential, which is important. On occasion—you will know this from your family perspective—we absolutely do get things wrong, but the legislation is designed to allow us to correct those things fairly expeditiously.
Mr Tom Morrison (Cheadle) (LD)
Q
Chief Constable Guildford: They obviously occur over a period of time. Certainly in my service—I have done over 30 years—they have come in the second half of my service, rather than the first. However, the way that we train them is very explicit: it is done on a values basis through initial training. We recruit and assess new candidates on the basis of values. We do recruit training, which in most forces happens over a period of 20 to 22 weeks, and recruits have a specific input on values-based decision making. We have something called the national decision model, which allows them to think about the consequences and the options they have in making their decisions.
The code of ethics absolutely underpins what we do. It sits in the middle of our decision-making circle. It is trained, really, from day one. I am trying to bring it to life a bit: this sits in the middle of all the specialist public order training, post Hillsborough, for commanders at public events, particularly football, and their accreditation and training. For all our bronze, silver and gold commanders, the code of ethics sits inside the wheel in which we make our decisions. To reinforce the point, the other aspect is that whenever there is a misconduct meeting or hearing for police officers, there is always reference to the code of ethics—the ethical behaviours that are expected of officers and staff.
The third bit of your question was about how we measure this. I would say that we measure it in three ways. The first is the training at the beginning. The second measure is around outcomes from our misconduct proceedings, as well as the proportionality of our misconduct proceedings and how they are used and referred to. The third measure —this is particularly important—is the measure of public opinion. As organisations, we respond to that, and we openly and candidly answer those questions.
In the consultation, we have gone through certain elements in relation to which we have said that, operationally, we may not express candour at certain times: for example, in a live situation in which we lawfully employed the services of, say, an undercover police officer or an undercover officer online; or in a live firearms operation, a live kidnap operation or a product contamination operation. In those cases we may seek to use a little bit of subterfuge to make sure we gain the lawful aim and the right public outcome for the victim at the end of it. Does that explain it?
Seamus Logan
Q
Chief Constable Guildford: I honestly think that what is proposed here complements what we have been doing over a period of years. This is not unexpected for the police service and it is not new for senior officers, but I think your point is a fair one in so far as these are new offences, and a particular number of people will be charged with investigating them. Those people will sit within the IOPC, the Independent Office for Police Conduct, and they will also sit mainly within each of the professional standards departments of each of the 43 police forces. Some additional training will be required, but I think it will be very marginal in initial recruit training, because it very much complements what we already teach with that package.
Q
Nathan Sparkes: As you point out, there was a phenomenon of police officers briefing The Sun newspaper after the Hillsborough disaster, which was a huge part of the cover-up. Police officers were not the only public officials involved in that; the local MP was, and there is a disputed allegation that a representative of the Thatcher Government was as well. There was a huge amount of public official impropriety in that media cover-up operation. Unfortunately, that is not the only case; after Orgreave, similarly, there was a cover-up perpetrated between public officials and the media.
The history of the phone hacking scandal is a 15 to 20-year series of occasions where overwhelming evidence of criminal activity being carried out on behalf of News UK was presented to the Metropolitan police force, and every time it failed to properly investigate until it absolutely had to. That was during a period where a succession of Metropolitan Commissioners enjoyed excessively close relationships with News UK; it included a time where even an editor for News UK was hired by the Met, and there were records of eight dinners between heads of the Met and News UK editors over that period.
In more recent years, there are allegations that police fed information about the victims of the Manchester bombing to the media. Christine Flack, the mother of the late television presenter Caroline Flack, believes that police were briefing the media in relation to her case. Mazher Mahmood was a News UK reporter, and there is an allegation in a recently published book that the Met protected him from prosecution and exposure during the noughties on account of the closeness of that relationship.
I could give many more examples—I will not sit down and list them all—but the point is that there is a specific and persistent issue with corrupt relationships between public officials and the media. Our concern about this Bill is that it does not have anything substantive to address that. The long title of the Bill is very clear; it will
“require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority”.
Our submission your Committee is that the Bill cannot achieve that unless it also addresses the specific phenomenon of corrupt relationships. Our proposal is that the best way of dealing of that is with a public inquiry.
Mr Morrison
Q
“for the purposes of journalism.”
That is the wording in the Bill. As has been so rightly pointed out, we know there has been a history of public officials who have been using the media in lead-ups to inquiries and so on. Critics, to a point of view that I might have, would say that any kind of stamping down or work on that would be an attack on freedom of speech. What would you say to that?
Nathan Sparkes: In a lot of legislation there are special exemptions for journalism, and often that is justified, but I think it is for the Government to justify that exemption when they bring forward legislation. I do not think it can be justified in this case.
Looking at that offence, there is a six-part test for it to apply. The person must have departed significantly from the expectations of their role, they must have caused harm to someone, they must have been responsible for significant or reputed dishonesty, it must be about a matter of significant concern to the public, it must be seriously improper, and they ought to know that it was seriously improper. That is an incredibly high threshold, and rightly so, but it is inconceivable that there is any legitimate journalistic activity that would satisfy the remarkably high threshold of all six tests that we would want to protect. On that basis, we do not think it is appropriate. The challenge for the Government is whether they could identify a circumstance in which any journalistic activity that would be in breach of those would be legitimate. I do not think they can; I think that is inconceivable.
Seamus Logan
Q
Ron Warmington: I do think that everything is hyped, but luckily, I was in Burbank looking at a business that did that, and it was the worst business—at that point— that I had ever looked at, so it was easy to predict what would happen.
Mr Morrison
Q
Daniel De Simone: As I understand it, the Bill is aimed at public authorities—Government Departments, the police and others—so, as things stand, media organisations are not part of it. I do not know whether there is a proposal to make them part of it, but as things stand they are not. You ask what can be done if I do a story about you that is wrong and you want to hold me to account. I work for the BBC, and there is a complaints process for the BBC that can go even to Ofcom, if necessary, so there are ways of correcting a story or getting an apology if something is wrong.
As a journalist, I work on difficult and challenging stories, and I obviously abhor some of the things you have spoken about today: false information being presented as fact and leading to really harmful consequences for people. I try to take personal responsibility and do the right thing, and I think that is the point—that is why it is important. The more you can foster a culture of people taking personal responsibility, the better. That is why, when there is an exemption for an organisation, and it is not about individuals in an organisation, I think that does weaken it.
The Chair
That brings us to the end of the time allotted for the Committee to ask questions. On behalf of the Committee, I thank you for your evidence. That brings us to the end of today’s sitting. The Committee will meet again at 9.25 am on Tuesday 2 December to begin line-by-line consideration of the Bill.
Ordered, That further consideration be now adjourned. —(Jade Botterill.)