HC Deb 15 February 1999 vol 325 cc593-4
9. Helen Jackson (Sheffield, Hillsborough)

What discussions he has had with the chief constable of South Yorkshire about the funding of the defence costs for members of the police force involved in civil suits. [69113]

The Minister of State, Home Office (Mr. Paul Boateng)

My right hon. Friend has had no discussions with the chief constable on this matter. I understand that the South Yorkshire police authority has set aside from its reserves the sum of £500,000 for legal costs in connection with the Hillsborough disaster. The funding of the defence costs of police officers is entirely a matter for the police authority.

Helen Jackson

My hon. Friend will be aware of the great concern in Liverpool and Sheffield that the South Yorkshire police authority may have acted outside its authority in offering to fund the defence costs in a private prosecution of former police officers Duckenfield and Murray. Who will fund the costs of settling the matter in the High Court? If any expenditure has been unlawfully authorised to date, will my hon. Friend ensure that it will be repaid to the South Yorkshire police authority? Does he agree that the public in South Yorkshire do not deserve to suffer reduced resources now, as a result of shortcomings that led to the tragic loss of life at Hillsborough on 15 April 1989?

Mr. Boateng

The House shares a continuing sense of loss at the tragedy surrounding Hillsborough. The decision of the South Yorkshire police authority is, of course, a matter for that authority. It has decided to stop funding the defence costs of the two former officers. Whether the matter is vires is for the courts to decide, and it is not something on which I wish to comment. Any matters to do with the misuse of funding are the business of the district auditor. However, if it will assist my hon. Friend, I shall write to her in connection with any detailed matters that she might wish me to address.

Mr. Richard Allan (Sheffield, Hallam)

I hope that the Minister will agree that the police authority has behaved properly in recently seeking fresh legal advice and withdrawing the funding for the former officers' defence costs. However, is he aware that the police are worried that, whatever decisions are taken, they may face the prospect of judicial review? Will he consider offering assistance to forces, such as South Yorkshire, when they face judicial review, which is very expensive? Such consideration would have less to do with the local case than with the need to clarify national guidelines. The Hillsborough case has revealed how desperately such clarification is needed.

Mr. Boateng

We are always prepared to look at guidelines and their review whenever matters emerge that require us to reassess them. Of course, police authorities must act according to Home Office circulars and guidelines, when they are applied. It is clear that section 88 of the Police Act 1996 does not apply to criminal proceedings but, if there is any necessity to tighten or clarify the guidelines, we shall certainly take that on board.

The hon. Gentleman will understand why it would be improper of me to comment on the other matters that he raised if there is any question of judicial proceedings being initiated. However, I shall bear his comments in mind.