§ Mr. KeyTo ask the Secretary of State for Defence what the statutory basis of the Ministry of Defence Police (Discipline) Regulations 1985 is; and if they mirror those of the Home Department forces.[154409]
§ Mr. Spellar[holding answer 19 March 2001]. The Ministry of Defence Police (Discipline) Regulations 1985, came into operation on 20 February 1986 following an agreement between the Defence Council and the Police Complaints Authority of the same date. Following the coming into force of the Ministry of Defence Police Act 1987 a further agreement between the Secretary of State for Defence and the Police Complaints Authority was signed on 23 June 1988, which resulted in the Ministry of Defence Police (Discipline) (Amendment) Regulations 1988. These agreements, made in accordance with section 96(1) of the Police and Criminal Evidence Act 1984, introduced force discipline regulations corresponding to those established by Part IX of the Police and Criminal Evidence Act 1984 for Home Department police forces. They also build on the provisions of section 1(4) and section 4 of the MOD Police Act 1987, and the Ministry of Defence Police (Representation at Disciplinary Proceedings) Regulations 1988 (SI 1099/1988) made under it.
The MDP discipline regulations mirrored those of the Home Departments forces until the Home Department forces regulations changed in April 1999. The proposals in clause 32 of the present Armed Forces Bill are designed to enable parity to be restored.
§ Mr. KeyTo ask the Secretary of State for Defence if his Department's police officers subject to(a) complaints and (b) disciplinary procedures are investigated under (i) procedures made by statute and (ii) with punishments and appeals procedures set out in legislation.[154407]
§ Mr. Spellar[holding answer 19 March 2001]The Ministry of Defence Police complaints and discipline regulations were introduced following an agreement between the Defence Council and the Police Complaints Authority on 20 February 1986. Following the introduction of the Ministry of Defence Police Act 1987, a further agreement between the Secretary of State for Defence and the Police Complaints Authority was signed on 23 June 1988. These agreements, made in accordance with section 96(1) of the Police and Criminal Evidence Act 1984,
299Wintroduced complaints and discipline regulations corresponding to those established by or by virtue of Part IX of Police and Criminal Evidence Act 1984 for Home Department police forces. They also build on the provisions of section 1(4) and section 4 of the MOD Police Act 1987 and the Ministry of Defence Police (Representation at Disciplinary Proceedings) Regulation 1988 (SI 1099/1988) made under it.
§ Mr. KeyTo ask the Secretary of State for Defence on what grounds the Armed Forces Bill Committee was told on 7 March that a complaint against a Ministry of Defence police officer would be processed by the Police Complaints Authority through exactly the same complaints procedure as with the Metropolitan police and that the arrangements would be absolutely identical.[154406]
§ Mr. Spellar[holding answer 19 March 2001]The Ministry of Defence Police complaints regulations are comparable to those of the Home Department police forces. A complaint against an MOD police officer in England and Wales for instance would be dealt with in exactly the same way as a complaint against a member of the Metropolitan Police Service or any other Home Office police force.
§ Mr. KeyTo ask the Secretary of State for Defence on what grounds he stated to the Armed Forces Bill Committee on 7 March that in the case of a complaint against his Department's police an MDP officer(a) would be subject to the responsibility of the chief constable of the area in question with whom he had made an agreement and (b) that police officer would be subject and accountable in precisely the same way as a police officer in the Metropolitan area.[1544101
§ Mr. Spellar[holding answer 19 March 2001]Under the proposed modest extensions to the Ministry of Defence Police (MDP) jurisdiction contained within the Armed Forces Bill, MDP officers seconded to or providing mutual aid to Home Department police forces would be subject to the control and direction of the chief officer of the receiving force. Complaints against MDP officers on secondment or providing mutual aid to Home Department police forces would be dealt with in exactly the same way as a complaint against a member of the Metropolitan Police Service or any other Home Department police force.