HL Deb 22 July 2002 vol 638 cc85-6

6 Clause 13, page 12, line 42, leave out "or conduct matter"

Lord Falconer of Thoroton

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6. One of the key objectives of Part 2 of the Bill is to increase openness in the police complaints system by providing for the maximum disclosure of information to complainants, subject to a sensitivity test. However, there may be circumstances where a person—for example, the relative of someone who has died allegedly as a result of police conduct—does not wish to make a complaint.

As the Bill stood before these amendments were brought forward, such a person would have had no right to information about the progress of the investigation into the conduct of those whose actions had allegedly led to the death of a relative. The Government believe that a relative of someone who has died allegedly as a result of police conduct, a relative of someone who has been seriously injured and rendered incapable of making a complaint allegedly as a result of police conduct, or someone who has been seriously injured allegedly as a result of police conduct, should automatically be treated as a complainant for the purposes of being kept informed. Amendments Nos. 7 and 78 to 93 provide for this. The amendments also allow the IPCC and the police to be proactive about offering to keep other people whom they consider have an interest in the handling of a complaint or recordable conduct matter informed.

Amendment No. 8 relates to the issue of officers who commit acts of misconduct not being identified, which has been much discussed of late. In particular, the case of one gentleman—I shall not mention his name without his permission—who was allegedly injured by police officers in the disturbances following the England/Germany game in Euro 1996 will be known to some noble Lords. It will be important for it to be possible to investigate any allegation of misconduct within the new complaints system, even if the person whose conduct is being complained about cannot be identified.

Amendment No. 8 makes it explicit on the face of the Bill that the Secretary of State will be able to apply the police complaints provisions in Part 2 in cases where the person whose conduct is being complained about cannot be identified. It will be possible to investigate such cases in exactly the same way as if the person could be identified.

Amendment No. 6 is a technical amendment.

Moved, That the House do agree with the Commons in their Amendment No. 6.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.