Police Disciplinary and Complaints Procedures

HL Deb 23 March 1998 vol 587 cc1016-26

6.48 p.m.

Lord Hoyle

My Lords, with the leave of the House, I should now like to repeat a Statement made in another place. The Statement is as follows:

"With permission, Madam Speaker, I wish to make a statement about the Government's response to the Home Affairs Committee Report into police disciplinary and complaints procedures. I am placing in the Library a copy of the response to each of the committee's conclusions and recommendations.

"I should like to start by praising the honesty and integrity of the vast majority of police officers in this country. Their job is a difficult and dangerous one. As a society, we make huge demands of them. We have a police service which is one of the finest in the world.

"The reputation of the service is put at risk, however, by a very small minority of officers whose behaviour falls below the standards which the public expect. Their actions undermine the work of honest officers, and shake public confidence in the service as a whole.

"I am therefore determined to give the police service the powers which they need to deal effectively with this corrosive minority of bad officers. The Home Affairs Committee's report made a compelling case for change. I am announcing today the steps which I am taking to implement most of its recommendations.

"A debate on reform of those procedures has been going on for five years, since the previous government launched a consultation paper in 1993. At the heart of that debate has been the issue of whether arrangements in the service should be brought more in line with normal employment practice in other fields. The basis of the Home Affairs Committee's report is that it should.

"The time has now come for the Government to take decisions and act upon them. I have been helped in this by the constructive and professional approach adopted by the Police Federation, the Superintendents' Association and the Association of Chief Police Officers.

"One illustration of that approach is the widespread agreement already achieved with the staff associations that the police need new procedures for tackling poor performance by individual officers and ones which are separate and different from those needed to deal with disciplinary matters. I accept the committee's recommendation that the new procedures should be introduced without delay.

"Let me now turn to procedures for discipline. I have decided that the standard of proof in disciplinary cases should be changed from the criminal to the civil standard. I am alive to the argument that some officers might be less likely to tackle criminal behaviour through anxiety that that change could leave them vulnerable to unfounded and malicious complaints. However, the civil standard of proof has operated fairly in the police service in Scotland, and there is no evidence that that has undermined officers' effectiveness. Moreover, I have every confidence that with this change police officers as a group will continue to act in the public interest. Nevertheless, I am discussing with the police associations the possibility of conducting attitudinal research to monitor the effect of the change among officers.

"There are circumstances in which conduct may constitute a breach of discipline, although it has not been proved to be a criminal offence. At present, an officer acquitted of a criminal offence may not be charged with an equivalent disciplinary offence, principally because the standard of proof is the same in criminal and in disciplinary proceedings. In future it will be possible for officers to face both disciplinary and criminal action on the same facts. That brings the police into line with the position of most others in the public and private sectors.

"I am also accepting the committee's recommendation to end the 'right of silence' of officers in disciplinary hearings and to apply the same modified caution as laid down in the Criminal Justice and Public Order Act 1994.

"At present officers who face the loss of their job or rank as a result of disciplinary proceedings are entitled to legal representation at all stages of formal disciplinary action. The committee recommended that their right should be maintained only for those officers who are at risk of losing their jobs. However, I have decided to retain the status quo so that officers facing reduction in rank also retain their right to legal representation. I am also rejecting the committee's recommendation that discipline hearings should be held in public. While the public has a right to know the outcome of proceedings, it would in my view be manifestly unfair to officers facing discipline to have to present their cases at a public hearing.

"The committee recommended that chief officers should have available to them a system of 'fast track' dismissal for the most serious cases. I have decided to accept that recommendation. That system will need careful and detailed work before it can be ready for implementation. There will be discussions with the police staff associations about the appropriate procedure. The fast track procedure will be within the framework of a fixed timetable of no more than six weeks from beginning to end. The procedure would include the right to legal representation and there would be a right of appeal. Officers will be able to be suspended from duty immediately, as is the case now.

"There is one serious defect in the present practice which causes great public concern. That is where a police officer's retirement on ill-health grounds is agreed before disciplinary proceedings can be completed, thus ending all prospect of disciplinary action against an officer. As the House knows, the inability to complete disciplinary hearings after the Hillsborough disaster was quite rightly a cause of anger and frustration to the families of victims.

"The procedures will therefore be strengthened so that where accused officers claim that they are unable, through ill-health, to appear at disciplinary hearings, matters can be decided in their absence, with appropriate safeguards. I will also secure a rigorous application of the existing regulations so that any outstanding disciplinary matters have to be completed before any application for early retirement can be considered.

"I also intend to take firm action against officers convicted of criminal offences connected with their work. At present police authorities can apply to me for a certificate to forfeit the pension of such an officer. In future police authorities will be asked to refer all such cases to me automatically. It is abhorrent that public money should be paid out to those very few officers who are convicted of criminal offences and who abuse their position of trust.

"It is my aim to introduce all those changes in England and Wales with effect from 1st April 1999. I have consulted my right honourable friend the Secretary of State for Northern Ireland on my response, as the Northern Ireland discipline regime mirrors the one for England and Wales. My right honourable friend agrees with my proposals and will be implementing them in Northern Ireland.

"I turn now to the committee's recommendations on complaints which must be considered separately. Independence and openness are the key to greater public confidence in the police complaints system. The committee's proposals point the way forward. However, some of its proposals require legislation and many have significant resource implications. Against that background, I intend to make progress on those changes which do not require primary legislation.

"I accept the committee's recommendation that the Home Office should conduct a detailed feasibility study of different arrangements for an independent complaints investigation process. I also accept the committee's view that, in the absence of a totally new investigative body, fundamental changes to the complaints process would be premature, but that in the meantime the Police Complaints Authority should make robust use of its powers.

"I accept in principle the committee's recommendation that the PCA be given the powers and the funds to commission independent investigations in cases where there is reason to believe that the existing process is inadequate. However, that has significant extra costs which make early change here unlikely.

"The committee also recommends that either the PCA or any independent review body should be able to undertake investigations whether or not the matter has been the subject of a complaint. In the light of that, I am minded to propose that, as Home Secretary, I should be given a power to request or require the PCA to initiate and oversee such investigations.

"Many people make a complaint about the police which for one reason or another is not recorded. The committee proposes a relatively straightforward change to the recording of complaints which will make the current system more responsive to public concerns. It suggests that all representations which could constitute a complaint should be registered by the police, with a right of appeal to an independent body for the complainant where there is a disagreement: and that it should be possible for a complaint to be registered directly with the PCA in certain circumstances. I accept these recommendations.

"I have considerable sympathy with the criticism that existing arrangements are not sufficiently open to public scrutiny. The committee has recommended that investigating officers' reports should be subject to disclosure on the same basis as other documents relating to a complaint and that investigation files relating to deaths in custody should generally be made available to the deceased's family before inquests. These recommendations raise difficult issues.

"The reports of investigating officers form a class which the courts have ruled are entitled to public interest immunity, although the police can be directed to disclose a report where a court is satisfied that the public interest of disclosure outweighs the public interest of preserving confidentiality. On inquests, the High Court has held that a person is not entitled in advance of the inquest to see copies of statements provided by the police to coroners. The release of such documents is at the discretion of the police. I am giving further consideration to the scope for change in this area.

"My detailed response to the committee deals with the other confidence-building changes which it has recommended. Some of the recommendations on the complaints system which I have accepted will require primary legislation. The Government will look for suitable opportunities to introduce the changes. Much detailed work and consultation is required with ACPO, the police staff associations, the Association of Police Authorities and other interested parties. This further work and consultation will begin straightaway.

"In considering the committee's recommendations, I have paid full regard to the implications for all police officers who every day fight crime and disorder and protect the public. I have no intention of making them more vulnerable to malicious complaints about the way they do their jobs.

"Equally we must deal robustly with wrong doing by a very small minority of police officers if public trust is to be preserved. Uppermost in my mind has been protecting the deservedly high reputation and standing of the police service as a whole. In this country, we police by public consent and that consent depends on public confidence and trust. The measures I have announced today will strengthen the people's trust and confidence in their police service".

My Lords, that concludes the Statement.

7.2 p.m.

Lord Henley

My Lords, I thank the noble Lord, Lord Hoyle, for repeating the Statement made earlier today by the Home Secretary on the police discipline and complaints procedure. I also thank the noble Lord and the usual channels for agreeing to deal with the Statement at an hour later than is usual. It was extremely convenient to me, particularly bearing in mind the reliability of the West Coast Railway, of which the noble Lord will be aware.

Like the noble Lord and the Home Secretary, I pay tribute to the police. Their work is difficult and is often undertaken in almost impossible circumstances. As was recently made clear by the Metropolitan Police Commissioner, Sir Paul Condon, we must stress that the vast majority of policemen are honest and deserving of public trust. However, as the Home Secretary made clear, some fall below the high standards that we expect of our police officers. It is right that appropriate procedures are in place to ensure, first, that proper discipline can be maintained; secondly, that the "bad apples" can be removed speedily; and, thirdly, that the public retain confidence in the police and in policing.

In ensuring that we have an adequate system, can the Minister assure us that whatever emerges will deal with three classes? I refer to those officers who are out-and-out criminals; those officers who on occasions bend the rules in order to achieve convictions; and those officers who are inadequate and incompetent. In any organisation there are always those who are inadequate and incompetent, and procedures dealing with discipline and the removal of police officers should be designed to deal with them, too.

The Home Secretary has given a detailed response to the report of the Home Affairs Select Committee. I confess that, perhaps like others, I have not yet had time to read it. However, I imagine that the response will be debated and will merit detailed consideration. Some parts will indicate that primary or secondary legislation will be required. When that comes before this House we will have an opportunity to debate the issues in detail. However, I hope that the usual channels will consider finding time to debate the generality of the Home Secretary's response so that everyone who has an interest can offer their thoughts on that and on the Select Committee's suggestions. Can the Minister indicate in greater detail which of the proposed changes require primary legislation, which can be dealt with by secondary legislation, and which matters will require no legislation?

Tonight is not the right time to make off-the-cuff suggestions, or to shoot from the hip, about the Home Secretary's response to the Select Committee. However, the Statement raises a number of issues which we ought to address. The first issue relates to how much primary legislation will be required and how much can be brought into effect by 1st April 1999, barely a year away, as mentioned in the Statement. If primary legislation is required, will consideration be given to publishing a draft Bill before the beginning of the next Session? We would then have slightly more time for consideration than the November to April period usually allowed in the timetable.

Paragraph 21 of the Statement refers to consultations with colleagues in the Northern Ireland Office. As the English and Welsh systems are broadly similar to that in Northern Ireland, will the Minister elaborate on Scotland? Are issues there much the same? I appreciate that some are different and that Scotland already has a lower standard of proof, as referred to in the Statement, and seems to work happily with that. Will such matters need to be addressed in Scotland or will they be left to the devolved Scottish parliament?

The rights of individual officers are being weakened and the Police Federation has expressed considerable anxieties, particularly as police officers need extra protection against unfounded complaints from principals. I expect that most noble Lords will understand those fears, which may or may not be groundless. Can the Minister say what consultations have already been held with the Police Federation? I appreciate that the Statement refers to consultations which will take place in the future, but it would be useful to know whether the Home Secretary has already had meetings with members of the federation and others. I am sure that more consultation will be offered in the future.

I turn now to a couple of specific questions. One is slightly detailed and it may be that the noble Lord would wish to write to me in response to it. Paragraph 19 refers quite rightly to the abhorrence that public money in the form of pensions should be paid out to those very few officers who have committed crimes and who abused their position of trust. My understanding of most pensions is that part is contributed by the employer and part by the individual concerned. Is the noble Lord saying that the part of the pension which has been contributed personally will also be confiscated or is it only that part of the pension which has been contributed from public funds?

Secondly, in paragraph 15, the Home Secretary makes it clear that he accepts the status quo with regard to legal representations and does not agree with the recommendations of the committee on that subject. Will the noble Lord confirm that it was the Conservative minority view on the committee that the status quo should be retained and that the Home Secretary, quite sensibly, has followed the recommendations of that Conservative minority on the committee?

I move on now to the second half of this Statement, which deals with complaints procedures. I have relatively little to say on that. I believe that that section might be described as fairly tepid. It adds very little to the current procedures. Might there be something to be said for requiring the police for example, to issue a receipt when a member of the public makes a complaint? The noble Lord will find reference to that in paragraph 28. That receipt would detail where, when and to whom the complaint was made and would give information as to how the complainant could find out what had happened to his complaint.

Further, might it not be possible to require police officers to make themselves available for interview with legal representatives of relatives of the deceased before any inquests have taken place? Indeed, the police should be encouraged to provide as much information as possible if they know what is to come out at an inquest or during civil proceedings. To keep all of that information secret increases suspicion of a cover-up and discourages full co-operation between the public and the police.

Finally, as regards the consultation referred to in paragraph 22, can the noble Lord tell us whether that consultation will be a public discussion? Will a consultation be published and will the responses to that he made public and available to Members of this House and another place should they so wish?

7.12 p.m.

Lord McNally

My Lords, the Minister will be aware that my noble friend Lord Harris of Greenwich raised many of the issues covered in this Statement in a debate in this House on 12th November. Many of the actions which the Minister outlined today were suggested directly during that debate by my noble friend. Therefore, from these Benches, it would be churlish not to give a very warm welcome to the initiatives taken by the Home Secretary and, indeed, a warm welcome to the work of the Select Committee in another place on those issues.

We should record also, as did the noble Lord, Lord Henley, that as long ago as last October, Sir Paul Condon raised those matters as issues for urgent response. It is fair to say that a Statement in March matches that criterion. The Government have shown a real sense of urgency about this.

There were and are three genuine concerns among the public. There is the concern expressed by many senior police officers that they lack the necessary powers to be able to manage their forces efficiently and I hope that some of these changes will help them in that respect. There is a lack of faith among the general public in the current system and, of course, there is genuine public abhorrence of criminality and corruption in the police force. The measures announced should be welcomed and the Home Secretary should be applauded for introducing them.

The closure of the retirement/health loophole will be welcomed generally. Will that apply right to the very top because, quite often, it is when the very senior police officers get into trouble that health is used as a convenient back door?

Also, in the case of corruption, there are a number of measures which can he taken but I believe that the general public would like to be reassured that criminal prosecution is among those options; that if policemen behave criminally, they come within the criminal law and not just under police discipline.

Apart from that, the only other small point that I make to the Minister that leaves me a little bit twitchy is that the term "resource implications" is used rather too often in the Statement for my peace of mind. I hope that that is not a get-out for the Government as regards not implementing very welcome intentions because I am sure the Minister would agree that there are resource implications in not doing things. Expensive civil litigation has resource implications. Therefore, in both complaints procedures and disciplinary procedures we need a proper machinery to be in place as quickly as possible. I hope that there will not be too much delay because of resource implications.

Together with that, we need a commitment to transparency, as far as that is possible, in the carrying out of these matters because nothing can give greater confidence in the police than public transparency in relation to how complaints are dealt with and how disciplinary procedures are undertaken. I understand some of the limitations on that but both the police authorities and the Home Office should test the limits of transparency as a way of winning back confidence. Likewise, the pressure for more powers of independent investigation needs to be pushed forward with all due diligence.

But balanced against that, I ask the Minister to consider one matter. As I prepared for the Statement and as I listened to it, a story my father used to tell me ran through my mind. My father was brought up in one of the toughest parts of Liverpool. He always used to tell stories of the local policeman who was known universally as "Clear off". That was because if ever he saw young people gathering or doing anything he did not like, he would simply say, "Clear off", and they did. Modern policemen and women have to operate against a society which is much less tolerant of discipline and among people who are much more likely to complain than those whom "Clear off" encountered. The modern policeman comes under pressures, with the drug regimes and other pressures in our society, which are far more difficult than any which his predecessors had to face.

It worries me that, in response to this Statement, the Police Federation said that there could be implications for morale. I am not sure that that impact on morale will necessarily be met simply by attitudinal research. There is a need for Ministers, in bringing forward these very welcome reforms, to couple them with real reassurances to policemen and women of our confidence in them and the respect that we have for the difficult job that they do.

7.20 p.m.

Lord Hoyle

My Lords, perhaps I may, first, express my sympathy for the noble Lord, Lord Henley, who has to use the West Coast line; indeed, I know the frailties of it. All I can say is that I am pleased to see him here this evening.

I should like to join with both noble Lords in paying tribute to the vast majority of the police who undertake the very difficult job of protecting all of us. What we are concerned with is a very tiny minority. In dealing with that tiny minority, we must not undermine the confidence of the vast majority in the new procedures which are being put in place. I believe that the vast majority do not like to be associated with the small minority involved in such matters. I believe that the present measures could well strengthen that relationship.

The noble Lord, Lord Henley, raised several matters. He asked, first, about the three classes of police officer—namely, those who are criminal, those who sometimes bend the rules and those who are inadequate officers. I should tell the noble Lord that the new procedures will cover all of them. The first two categories, the criminals and those who bend the rules, will be dealt with by disciplinary procedures. The case of inadequate officers is being looked at by management and new procedures will be put in place to deal with them. It is only right that they also should be considered.

Some of the new disciplinary procedures will be carried out by regulations and, indeed, some complaints are matters for primary legislation. As regards secondary legislation, I can confirm that the disciplinary matters which fall to be dealt with by secondary legislation are the standard of proof, the fast track dismissal and the completion of disciplinary procedures when an officer goes off sick. We have given a date for all of them, and the noble Lord is quite right to say that it is 12 months from now. We aim to introduce these changes with effect from 1st April 1999. Although it may be a short time from now, we shall, so far as possible, try to ensure that that date is met.

As regards primary legislation, that will cover any significant change in the complaints system, in the independent investigators' power to call an investigation and in the supervision of the PCA, even where there is no formal complaint required. The noble Lord also asked whether a consultation paper would be published on complaints matters. I can tell the noble Lord that no decision has yet been taken in that respect. At present, the Home Secretary will consult with the PCA, the police staff associations and the Association of Police Authorities. Indeed, he will consult with all of them before he decides the way forward.

The noble Lord, Lord Henley, also asked what other consultations had taken place prior to these changes being introduced. I can confirm that the Home Secretary has had extensive consultation with all the police associations and with all those connected; indeed, that has been taking place alongside this process. I should tell the noble Lord, Lord McNally, that I appreciated what he said about the Statement and about the speed with which the Government have acted in relation to it. We are intent on getting matters right because we must carry the public with us. However, as I said when repeating the Statement, we can only proceed by agreement with the public. In order to do so, the public must have confidence and trust in the police.

The noble Lord, Lord McNally, also mentioned "resource implications". While we cannot give any date as to when other matters which require resources will be carried forward, I am sure that the noble Lord will agree with me that we have acted fairly speedily up until now. Indeed, the Home Secretary has said that he will look into matters that have resource implications.

Finally, I welcome the comments of both noble Lords who have spoken, especially as regards their praise for the police. I repeat: in bringing in the new regulations, we shall not do anything to undermine honest policemen.

7.24 p.m.

Lord Randall of St Budeaux

My Lords, perhaps I may, first, make a few brief comments on the Statement. I should like to congratulate the Select Committee on producing what I believe to be a very focused and practical report. Indeed, great credit should be given to the committee in that respect. I should also like to endorse the comments by my noble friend the Minister about the way in which the Government have taken forward the recommendations in the report so expeditiously. There is a need for such action and I believe that that shows good and firm decision-making by the Home Secretary, on which I compliment him.

On the question of complaints, I should tell the House that I have for some time believed in the idea of an independent complaints organisation. The reason for that is twofold. First, I feel that this would ensure that we always had the confidence of the public in our police service. It is a good service; but, from experience over the years, I believe that there have been times when the public have not been as confident in them as I would have liked. Secondly, many of the very senior police officers to whom I have spoken over the years have actually agreed that an independent complaints organisation would be laudable.

I hope that I got this right, but I believe that the Statement referred to the fact that the Government have rejected—if that is the right way to put it—the idea of an independent complaints organisation, which I presume was recommended by the Select Committee, on the grounds that it would be too expensive. For me, therefore, that creates some sort of dilemma. Yes, of course, we must always be careful about expenditure, but how much are we prepared to avoid paying? The saving of money in that respect might possibly damage the confidence of the public. Can my noble friend the Minister tell us exactly how much such a process would cost? Further, does he agree with me that such a rejection would in fact prevent us ensuring that we do maintain in the maximum possible way the confidence of the public in our police service?

Lord Hoyle

My Lords, I thank my noble friend for his kind remarks in relation to the Home Secretary and to the Select Committee's report; and, indeed, in relation to the speed with which the Government have acted. My noble friend asked me about an independent body. As I said, this is something into which my right honourable friend the Home Secretary has promised to look. As regards the cost, I am afraid that I am not in the position to be able to give my noble friend any idea of the amount involved.

I should point out that the Home Secretary has said, both in the Statement and generally, that it is the perception of the public which demands an independent body. Indeed, the police officers conducting the present investigation are themselves very independent and robust in the way in which they conduct their investigations. However, he agreed that there is a perception in the mind of the public that such a process is not always independent. I should say that there was a request from the Select Committee that, wherever possible, an independent force should examine such matters as indeed is the practice in many cases at present. The Home Secretary has also promised to look into that aspect.