§ THE EARL OF MANSFIELD had the following question on the Paper: To ask His Majesty's Government if they are aware, that while in English borough police forces an appeal can be made to the watch committee against disciplinary punishments inflicted by a Chief Constable upon his subordinates, no such appeal is possible to members of an English county force, or to those of any Scottish force, burgh or county, against any punishment less than actual dismissal; and if they 657 will take steps to set up the necessary machinery to make appeals possible by members of all police forces throughout the country.
§ The noble Earl said: My Lords, the police forces of this country, and not merely those of the London area, have earned the quite justifiable admiration of the whole world, but policemen are, after all, only human beings and on occasions make mistakes like other people and have to be called to book by their superiors. It may surprise your Lordships to learn that, unlike most if not all other branches of tae public service, there is in the great majority of the police forces of this country no opportunity for any appeal to be made against a sentence passed upon a policeman for disciplinary reasons if that sentence is less than dismissal from the force. The only exception to this, as far as I am aware, is in the case of English borough police forces, where there is an appeal to the watch committee of the borough. I believe that in the case of English county forces, and I know that in the case of police forces in Scotland, both burgh and county, there is no appeal to anyone against a penalty inflicted by a Chief Constable if that penalty is a fine, suspension or reduction in rank. This would appear to be a definite blot on the police administration and I should like therefore to ask His Majesty's Government if they will take steps in the near future to set up the necessary machinery to ensure that any policeman who wishes to appeal against such sentence should have power to do so.
§ LORD TEMPLEMOREMy Lords, my noble friend the Duke of Devonshire is unable to be here to-day and. I have been asked to reply to the noble Earl. The noble Earl's question seems to imply that in borough forces in England the watch committee has only an appellate jurisdiction in disciplinary cases but this is not strictly correct. In law the watch committee is itself the disciplinary authority: any disciplinary award by the Chief Constable is subject to confirmation by the watch committee and any member of the force who is aggrieved by an award of the Chief Constable has a right to appear before the watch committee on giving proper notice.
If, as I understand it, the suggestion is that this arrangement should be extended to police forces in counties and in Scottish burghs, His Majesty's Government 658 are not satisfied that there are sufficient grounds for making such a fundamental change in the disciplinary control of these forces. My right honourable friends the Home Secretary and the Secretary for Scotland are, however, considering the possibility of an extension of the existing right of appeal provided by the Police Appeals Act, 1927, which is at present limited to cases of dismissal or compulsory resignation, so as to cover the serious punishments of reduction in rank and reduction in pay. Such a general extension of the right of appeal would of course require legislation, which His Majesty's Government would not be prepared to promote in war-time unless they were satisfied that it would not be controversial.
THE EARL. OF MANSFIELDMy Lords, arising out of that reply, which is satisfactory only in the same way as the well-known curate's egg, I should like to point out that in the case of the Scottish police forces, there is no appeal against any sentence imposed by a Chief Constable unless that sentence is dismissal from the force, when an appeal does lie to the Secretary of State for Scotland. I do not suggest to His Majesty's Government what would he the most appropriate form in which appeal should be made, but I think it is essential that something should be done to remove what would appear to be a definite injustice. I hope, therefore, that not only will the position be investigated but that the Government will find it possible, even during the war, to introduce legislation which surely would hardly be controversial, as no one would be likely to wish that policemen, of all men, should remain unable to make any representation against sentences which appear to be unjust or excessive.