Lord Chelwoodasked Her Majesty's Government:
Whether the Home Secretary has received a report from the Chief Constable of Merseyside on the use of CS gas in Toxteth, Liverpool, on 6th July and whether he has issued guidelines governing any future use by the police in England and Wales of CS, and baton rounds, for dealing with serious public disorder.
§ Lord BelsteadMy right honourable friend has received from the Chief Constable of Merseyside a full report of the inquiry conducted into the use of CS684WA gas against rioters in Toxteth in the early hours of 6th July this year. A summary of that report, which the Chief Constable has given to the Merseyside Police Authority, is being placed in the Library of the House. This statement also sets out the guidelines which will govern any future use by the police in England and Wales of CS and baton rounds for dealing with serious public disorder.
As to the use of CS in Toxteth on 6th July, we are in no doubt that in the circumstances which faced the police, the Chief Constable's decision to use CS—as a last resort—was necessary and justified. The police officers who had the responsibility of firing the CS did so in such a manner as to minimise the risk of injury occurring to members of the public as a result. All the known injuries were caused by "Ferret" CS cartridges fired from 12-bore shotguns, but in no instance were any such weapons aimed directly at individuals. These "Ferret" CS cartridges and the 12-bore shotguns were issued and used because at that time it was not known whether the other CS equipment available would be sufficient for all the officers employed. The Chief Constable fully acknowledges that "Ferret" CS cartridges should not be used again to deal with public disorder.
The guidelines on the use of CS and baton rounds, which have been issued to chief officers of police, after consultation with the Association of Chief Police Officers of England and Wales, take particular account of the lessons to be learned from the use of CS in Toxteth. The guidelines cover the following points:
CS or baton rounds are to be used only with the express authority of the chief officer of police (or, in his absence, his deputy), under the direction and control of a senior officer whom he has designated as officer in charge, and by police officers who have been trained in the use of the equipment and know its characteristics.
CS or baton rounds are to be used only as a last resort where conventional methods of policing have been tried and failed, or must from the nature of the circumstances obtaining be unlikely to succeed if tried, and where the chief officer judges such action to be necessary because of the risk of loss of life or serious injury or widespread destruction of property. Wherever practicable, a public warning of their use is to be given.
Only CS equipment and baton rounds and riot guns of a type authorised by the Home Office may be used for these purposes. Nothing in the guidelines will affect the principle, to which Section 3 of the Criminal Law Act 1967 gives effect, that only the minimum force necessary in the circumstances must be used. The degree of force justified will vary according to the circumstances of each case.