HC Deb 25 January 1999 vol 324 cc66-7W
Mrs. Ellman

To ask the Secretary of State for the Home Department what changes have been(a) considered and rejected and (b) made since the publication of the Home Affairs Committee First report of Session 1997–98 on police disciplinary and complaints procedures (HC 894) into the ability of police officers to avoid disciplinary procedures by taking retirement. [66648]

Mr. Boateng

The Home Affairs Committee's Inquiry Report into police disciplinary and complaints procedures made no recommendations about police officers taking retirement to avoid disciplinary proceedings. However, it expressed concerns about officers who go sick, which effectively halts disciplinary proceedings, and recommended that the regulations should be changed to enable chief officers to complete hearings in the absence of an accused officer (recommendation 33). The Government accepted this recommendation, which had in fact already been agreed for new procedures then in draft form. New police misconduct procedures, which incorporate this and a number of other important changes, will come into force on 1 April 1999.

The present police regulations already provide that, where police officers are suspended in connection with disciplinary proceedings, retirement cannot take place. Police authorities and forces will seek to complete any outstanding disciplinary proceedings before retirement but this is sometimes not possible in the time remaining. Also, under the police pensions regulations, police authorities have discretion to decide against requiring an officer to retire on the grounds of ill health and may, therefore, withhold medical retirement in a case where there are outstanding disciplinary proceedings.

Mr. Efford

To ask the Secretary of State for the Home Department if he will review the procedures under which Metropolitan Police officers are able to take early retirement to avoid facing disciplinary action that is outstanding at the time of their retirement. [66478]

Mr. Straw

Police officers throughout England and Wales up to and including the rank of superintendent may retire either after 30 years' service with a full pension being paid, or after 25 years' service with a reduced pension payable when they reach age 50, provided they give one month's notice. They may leave without an immediate pension before they have served for 25 years, for instance where they have found different employment.

Police authorities and forces aim to complete any outstanding disciplinary proceedings before retirement but this is sometimes not possible in the time remaining. In those disciplinary cases in which police officers are already suspended, retirement cannot take place. Under the Police Pensions Regulations, police authorities have discretion to decide against requiring an officer to retire on the grounds of ill health and may, therefore, withhold medical retirement in a case where there are outstanding disciplinary proceedings. The implications of these procedures for police discipline are matters which we keep constantly under review with regard to all forces, to identify the potential for improved performance in this aspect.

I have made clear that I will, of course, consider any relevant recommendations which arise from the Inquiry into the death of Stephen Lawrence.

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