Independent Office for Police Conduct

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Wednesday 2nd February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, the noble Baroness is going to be disappointed because I have said in the past and will repeat that if the Home Secretary feels that the inquiry is not fulfilling its terms of reference, she can put it on a statutory footing. Of course, it is a decision for the Home Secretary.

[Lord Carlile of Berriew (CB)]

The noble Baroness is absolutely right to express disgust at the findings of the IOPC against the Metropolitan Police, but why is the Metropolitan Police not being held to account? Why is its leadership not being held to account and why is there not a thoroughgoing review of the structure and leadership of that force?

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Monday 10th January 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I share noble Lords’ frustration that at a minute past midnight I am standing up to respond. I do not think anyone could accuse me of filibustering or frustrating any processes today. It was very unfortunate that we did not start this Report stage until nearly 4 pm because Members were discussing procedure. It is very frustrating that we are discussing such an important topic so late at night.

That said, I thank the noble Baroness, Lady Chakrabarti, for raising this incredibly important issue, and the noble Lord, Lord Carlile. I thank the noble Baroness, Lady O’Loan, for sharing the experiences of her time as chair of the Daniel Morgan inquiry. I again thank the noble Lord, Lord Carlile, my noble friend Lady Newlove, and the noble Baroness, Lady Chakrabarti, for the opportunity that I have had to discuss this issue with them. It is so important that Sarah’s family and the public understand how a serving police officer was able to commit such a senseless crime so that we can stop it ever happening again and restore confidence in our police forces. I think all noble Lords want that.

On 5 October, the Home Secretary announced her intention to launch a two-part inquiry into the circumstances surrounding Sarah’s murder. The first part of the inquiry will look at Sarah’s murderer and his tenure at the Metropolitan Police leading up to his conviction, as well as assessing any missed opportunities to hold him to account for his conduct. The second part of the inquiry will look at any specific issues raised by the first part, which is likely to include wider issues across policing, including, but not limited to, vetting practices, professional standards and discipline, and workforce behaviour.

This is the opportunity to look at any systemic flaws in vetting or issues around policing culture that were highlighted in the amendment. We expect that the separate inquiry established by the Metropolitan Police Commissioner, being led by the noble Baroness, Lady Casey, into the culture and standards of the force will feed into part two of the Home Office-established inquiry.

On the point raised by the noble Lord, Lord Coaker, about witnesses giving evidence, the police forces for which Sarah’s murderer worked will be witnesses to this inquiry, and we expect them all to comply with it. Since February 2020, when we amended the law, police officers have been under a duty to co-operate as witnesses with investigations, inquiries and formal proceedings under the revised standards of professional behaviour. Failure to do so could amount to misconduct and lead to disciplinary action—something which, during the Daniel Morgan inquiry, was unfortunately not available.

On 22 November, the Home Secretary announced that the chair of the inquiry would be the former Lord Advocate, the right honourable Dame Elish Angiolini QC. Following her appointment, the terms of reference of part 1 of the inquiry have been agreed with her, and they were published on GOV.UK this morning, as noble Lords have said.

The form of part 1 of the inquiry has been discussed with Dame Elish at length, and she agrees that a non-statutory inquiry is the best option to enable her to operate swiftly, allowing greater flexibility to gather evidence relating to Sarah’s killer’s policing career, without formal set-piece hearings. It is imperative for Sarah’s family and the public that we get answers as quickly as possible—I do not think that anyone demurs from that. This will enable Dame Elish to start part 2, looking at policing more broadly, in short order after the conclusion of part 1, which I know the amendment of the noble Baroness, Lady Chakrabarti, seeks to achieve.

Also agreed with Dame Elish is that, should she feel that she cannot fulfil the terms of reference operating on a non-statutory basis, and should official advice concur, it can be converted. I am not sure that the Sky News quote entirely reflects the Home Secretary’s words. That point about the conversion is set out in the terms of reference, and it is not only that: I can advise the House that, in coming to a decision on whether to convert the inquiry into a statutory inquiry under the Inquiries Act, the Home Secretary will be strongly guided by the views of Dame Elish. So, to quote the noble Lord, Lord Coaker, we are not saying, “No, we have already decided”. We have not. Under the Inquiries Act, the Home Secretary is required to consult the chair on any decision to convert the inquiry, and the chair’s views would be expected to hold considerable weight. I hope I have been able to satisfy noble Lords on that point.

I understand the noble Baroness’s point that confidence in the police among women, particularly younger women, has been rocked by Sarah’s murder and other cases that are coming to light—I share those views. This is analogous to the impact that the failings in relation to Stephen Lawrence’s tragic murder had on black communities. I understand how powerful it was for Sir William Macpherson to hold the Metropolitan Police to account in public over 20 years ago and I agree entirely that women deserve answers and, moreover, assurance that they are safe in the hands of the police.

I do not think, however, that we should be tying the hands of Dame Elish and the Home Secretary on the scope or nature of part 2 before part 1 has even started in earnest. It is important that these considerations can be informed by Dame Elish’s emerging findings from part 1; the work of the noble Baroness, Lady Casey; and the policing inspectorate’s thematic inspection of vetting and countercorruption. Only then can we ensure that part 2 looks at the critical issues for policing and does so in a way that allows those affected, including victims, to have their voices heard.

I reassure this House that the Home Secretary will consult Dame Elish on the scope of part 2 and the form that it should take to proceed efficiently, effectively and with the confidence of those whose trust in policing has been eroded. Specifically, Dame Elish’s view and official advice will form the basis of whether the Home Secretary will put part 2 on a statutory footing.

The noble Baroness, Lady Chakrabarti, has prayed in aid the experience of the noble Baroness, Lady O’Loan, with the Daniel Morgan inquiry but, since the evidence-gathering phase of that inquiry, we have—as I said earlier—introduced a duty of co-operation on police officers, which means that failure to co-operate with an inquiry or similar could now be a disciplinary matter, with dismissal being the ultimate sanction possible. There are now sanctions that were not available before.

Amendment 108 seeks to address legitimate concerns that individuals, particularly women and girls, may have at the prospect of being arrested or transported in a police vehicle by a lone officer. The noble Baroness is absolutely right to highlight how important it is that police officers use their powers of arrest legitimately and in line with statutory guidance, and to recognise how public confidence in the police has been shaken by the appalling circumstances of Sarah Everard’s murder. I understand the concerns raised by this case, and the Government have been very clear that they intend to take action as a result. However, the law does not take a detailed view on the way officers use their powers, as long as they are doing so lawfully and legitimately. I do not want to see officers’ discretion over the legitimate use of their powers restrained in ways that could lead to individuals escaping justice or evidence being lost, as could be the case if officers were legally prohibited from transporting arrested individuals alone.

As for Amendment 109 and the noble Baroness’s proposed addition to the PACE codes—which she now attributes to the noble Lord, Lord Carlile—to cover transportation of arrested persons, I will commit to keep this suggestion under consideration when we next undertake amendments to the code. I am aware that some forces, including the Met, have issued guidance to their officers for situations where they may need to approach a member of the public while operating alone. This is only the beginning of this conversation, and there will be more for all forces to do to ensure that the public, and women and girls in particular, have confidence in the way officers use their powers as they carry out their vital—

[Lord Carlile of Berriew (CB)]

I apologise for interrupting the noble Baroness, and I am grateful for what she has just said, but I want to go back to a previous point, if I may, because I think we would like an answer to the question I am going to pose at some point in her speech.

During the course of her comments earlier, the Minister said—and I think this was a little bit of movement—that the Home Secretary would be “strongly guided” by the views of Dame Elish Angiolini on whether the second part should be converted to a statutory inquiry. My question, and it is really a legal question for which I apologise, is this: if Dame Elish makes a reasonable request for conversion to a statutory inquiry and unreasonably the Home Secretary refuses that reasonable request, would that refusal then be subject to judicial review, and do the Government recognise that to be the case? I am sure that the question I have posed is a typical barrister’s question, in that I know the answer to it, but it would be nice to hear from the Minister that that answer is recognised because it may make a difference to the attitude of some noble Lords, as to how they view this issue, if it comes to a Division of the House.

[Baroness Williams of Trafford (Con)]

In my limited legal knowledge, a judicial review questions the process rather than the decision, so I am sure a judicial review could be sought on the process by which the Home Secretary refused, despite the advice of the inquiry chair. I think it is important to bear in mind that the Home Secretary has chosen Dame Elish because she has confidence in her, and the way in which they work together through this inquiry process will be absolutely crucial, not only to its outcome but to the confidence of both women and the public in general. That is, I think, the answer that I could give at this point. The noble Lord is looking a little bit doubtful.

[Lord Carlile of Berriew]

I apologise for intervening again. I have got my second wind; it is now tomorrow, which is not commendable. It is a simple question: is it recognised by the Government—and it may be that the Minister would have to take advice on this, which I recognise she might get from the noble Lord sitting next to her—that an unreasonable refusal by the Home Secretary would be, potentially at least, judicially reviewable?

[Baroness Williams of Trafford (Con)]

The noble Lord is talking in theory. Anything is possible. I cannot say whether, in the circumstances of the Home Secretary’s refusal and Dame Elish’s advice, the outcome would be reasonable or unreasonable, but it is important that we go into this with the Home Secretary very clear that she will be guided by Dame Elish. That is the thing to take away from this.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Monday 13th December 2021 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, if I may just say a few words in support of this amendment, which was moved with such clarity by the noble Lord, Lord Ponsonby, two points seem to me to arise. The first is that if the reviews are held in a centralised way, they will be more efficient. There will be less of a postcode lottery when it comes to the review taking place. Secondly, and most importantly, if social services, medical services, the police and others know that there will be a review in every case in which there is murder as a result of a domestic situation, they will take greater care. We know that that has not, unfortunately, always been the case, whatever their good intentions.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Ponsonby, for outlining this amendment with such clarity. Domestic homicide is a horrendous crime and I reassure the House that tackling this is a key priority for the Government. Part of the solution is ensuring that domestic homicide reviews take place at every opportunity. They offer an opportunity, as the noble Lord said, to learn lessons to prevent the same mistakes occurring again. It is important that every domestic homicide is considered for a domestic homicide review so that, as he said, lessons can be learned and further deaths prevented.

I reassure the noble Lord that domestic homicide reviews are conducted in the great majority of cases, but there may be instances where one is not appropriate or necessary. The Government are clear that domestic homicide reviews should be considered at every opportunity, and the 2004 Act already makes provision for the Home Secretary to direct that a domestic homicide review takes place where required.

When a community safety partnership decides not to conduct a review, the decision is closely scrutinised and escalated to the Home Secretary to enable her to use her powers to direct a domestic homicide review, if appropriate. This involves a review of the decision by the independent quality assurance panel, whose views form the basis of the advice provided to the Secretary of State. The review of all decisions not to conduct a review is a new process implemented earlier this year. Since implementing it, the Secretary of State has directed four homicide reviews. I hope the noble Lord sees this as an example of how seriously this Government take these reviews.

On data collection, I reiterate to noble Lords that the Home Office has in fact committed to creating an online central repository of domestic homicide reviews to improve accessibility, exactly for the reason the noble Lords, Lord Carlile and Lord Ponsonby, pointed out. At present, all reports are published on individual local authority or community safety partnership websites, but often only for a limited period. Creating the central repository will mean that all completed reviews are readily available, including to support the monitoring of the implementation of any recommendations. This is expected to go live next year. I understand that the terms of reference of the review have been published.

Regarding the letter the noble Lord, Lord Ponsonby, cited at the beginning of his remarks, I will do some investigating and come back to him, because I really do not know what has happened to it. That is unfortunate, but I will chase it up and ensure he has a response. With that, I hope he will be happy to withdraw his amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Committee stage
Wednesday 24th November 2021 Lords Chamber

[Lord Carlile of Berriew (CB)]

I did not want to interrupt or contribute to this debate because there have been many eloquent speeches, but I want to ask the Minister a granular question. This is going to turn into a shaggy dog story in which everybody agrees that this 200 year-old legislation is out of date unless somebody sits down and does something serious about it with the intention of bringing the discussion to an end. As a question of fact, has parliamentary counsel ever been instructed to produce, or try to produce, legislation to replace the Vagrancy Act? If not, why not? If so, can we know something about the result?

[Baroness Williams of Trafford (Con)]

I thank the noble Lord for trying to wrap the discussion up in that one important question. I will take it away. When my noble friend and the noble Lord, Lord Best, speak to Eddie Hughes, the Minister, we will see what progress has been made at that stage. But at this stage, I wonder whether the noble Baroness, Lady Blake, will be happy to withdraw her amendment.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

It is no problem at all; this is Committee, where we clarify these issues. But I think it is fair to say that the trigger for the SVRO, essentially, is the conviction.

[Lord Carlile of Berriew (CB)]

An interesting criminal law debate is developing and I cannot resist joining in. I very respectfully suggest to the Minister that this is a situation in which the use of examples, if they are worked up, is very important and would be extremely useful. My view is that she is right about some of this but possibly not all of it, and that the noble Lord, Lord Paddick, is possibly right about quite a lot of it but wrong about some of it—for example, the relevance of previous convictions, which may be used far more these days than he imagines. Previous convictions are available as evidence of propensity and are frequently used in criminal trials. I respectfully suggest to the Minister that a series of indicative examples should be worked up and put in the Library in advance of Report, because it would make these questions much easier to answer.

[Baroness Williams of Trafford (Con)]

I thank my noble friend—and he is my noble friend because he has come to my rescue time and again. I am not a lawyer and even less of an expert in criminal law.

Terrorist Incident at Liverpool Women’s Hospital

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Wednesday 17th November 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I totally agree with the noble Lord that these things are hard to predict and hard to deal with when they happen. I have seen a couple of comments, particularly from BAME communities in Liverpool, saying that they have faced hate incidences in the last couple of days, and we have seen before that, when an attack happens, quite often it is women who bear the brunt of the hatred and the name-calling. When I was Minister for Counterextremism, I remember going to many different communities, such as Muslim communities and Polish communities after Brexit, trying to provide reassurance. The police have been fantastic on the back of some of the attacks in reassuring local communities.

[Lord Carlile of Berriew (CB)]

My Lords, I too commend the work of the first responders and others who did so much at the scene. It now transpires that the perpetrator was finally refused asylum in 2017, and that was the last time his case appeared before a court. Why did the Home Office not remove him from the United Kingdom between 2017 and 2021? Is it not outrageous that the Home Secretary is trying to blame anyone but the Home Office for him being still in this country?

[Baroness Williams of Trafford (Con)]

I do not disagree with the noble Lord that the chap should not be in the country, but in many instances people will frustrate removal processes by putting forward new claims. When we consider the borders Bill, one thing that we have to ensure is that, when people are refused asylum, they are sent back to the country from which they came.

Extradition Arrangements: European Union Member States

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Wednesday 13th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

By chance, I heard the noble Lord, Lord Ricketts, outlining some of his concerns on the radio. I bow to his expertise but there is probably some difference in our interpretation of what he outlined, particularly on access to databases and the sharing of information.

[Lord Carlile of Berriew (CB) [V]]

My Lords, together with our departure from the Schengen Information System, there appears to be no replacement for the respective instruments on joint investigative teams, the enforcement of fines, the enforcement of non-custodial measures and prisoner transfer. Please will the Minister tell the House how these gaps will be filled?

[Baroness Williams of Trafford (Con)]

The noble Lord will know that the EU maintained that it was legally impossible to offer SIS II to a non-Schengen third country so we have reverted to Interpol, which is a tried and tested mechanism of co-operation. Regarding the joint investigative teams, the UK will be able to continue running and participating in those with EU member states and third countries on a non-EU legal basis. Prisoner transfers are a Ministry of Justice lead. The EU did not want to include arrangements on them in the agreement but we will continue to transfer foreign offenders back to their home states using the existing Council of Europe convention, as well as accepting the repatriation of any British citizen imprisoned by an EU member state who is eligible and wants to return to the UK to serve their sentence.

LGBT Community: Domestic Abuse

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Tuesday 24th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I wish I had spotted my noble friend when I answered the previous question. He will know that, during the Covid period, the issue of homelessness was paramount, in terms of protecting people. Of course, that will not stop after we have got through the pandemic. I am very aware of the various factors that might lead LGBT people to become homeless and subsequently be unable to get back on their feet, so I totally take his points on board.

[Lord Carlile of Berriew (CB) [V]]

Can the Minister assure the House that not only the rights, but also the interests of trans victims of domestic abuse will now be recognised, as they are potentially the most vulnerable, and worthy of a speedy and strong response from the police, including the 999 service, which is sometimes less than helpful to them?

[Baroness Williams of Trafford (Con)]

I am glad that the noble Lord has brought this up. I recognise the particular problems that trans victims face in terms of credibility, for want of a better word, from our services. The fact that we now train front-line police officers to be not only sensitive but cognisant of the different types of domestic set-ups and to respond appropriately and sensitively is incredibly important. The noble Lord talked about trans victims. I am also minded of some lesbian victims of domestic abuse whom I have met who feel that, perhaps because some of them look more masculine, they will not be treated as victims and are more likely to be assumed to be perpetrators.

Policing: Covid-19 Guidance and Legislation

Debate between Baroness Williams of Trafford and Lord Carlile of Berriew

Tuesday 5th May 2020 Lords Chamber

[Baroness Williams of Trafford]

The reason for that protection was the shortage of bats in Europe. We have been working closely with the Bat Conservation Trust, Defra and Natural England’s wildlife teams and international partners on this subject. The BCT has provided advice for bat carers, which we helped to write and which takes a precautionary approach.

[Lord Carlile of Berriew (CB)]

Does the Minister agree that the Director of Public Prosecutions’ very unusual decision to review every single Covid-related prosecution initiated by the police indicates clear overuse of the powers and that new National Police Chiefs’ Council guidance is needed to replace the overcomplex guidance issued by the College of Policing, which many police officers do not even have time to read?

[Baroness Williams of Trafford]

The College of Policing guidance is there not to replace the government guidance but to assist the police as they go about their daily work. As I said to the noble Baroness, Lady Jones, these are new powers and the CPS is therefore reviewing cases charged under both the Coronavirus Act and the public health regulations to make sure that the powers are being applied correctly. Unlawful charges are being withdrawn by prosecutors in court and the CPS is asking for any wrongful convictions to be overturned—but we are in a new world and are having to learn.