Police Federation Reform (Normington Report)

Jacob Rees-Mogg Excerpts

Thursday 13th February 2014 Commons Chamber

[Jacob Rees-Mogg (North East Somerset) (Con)]

Usually when reports are called for by bodies, they come out with anodyne statements saying that everything is pretty marvellous. It is a rare civil servant who comes out boldly and states what he views as the unvarnished truth. Sir David Normington’s report is absolutely stunning in its conclusions. Although my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) mentioned this, it is worth repeating: a statutory body—I repeat, a statutory body—used its powers to target personally

“successive Home Secretaries, Andrew Mitchell, Tom Winsor and others, bringing the Federation into disrepute and risking the police reputation for impartiality and integrity.”

That is an enormously damning statement to have been made about a body that has particular rights and protections by statute. Yet it is worse than that, because this body that behaves in such a way—the Police Federation—finds that many of its members, while they still look to it to represent them in times of difficulty or crisis, say that they would not otherwise pay their subscriptions. In an independent report that one might usually have expected to be relatively anodyne, the voice of policing is utterly damned by both its actions and the view of its members.

What concerns me most is the constitutional aspect. We know that the federation conspired, lied and leaked to remove a Cabinet Minister from office. We know this because we have the transcript of the meeting that took place with my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) in his own constituency, and the response after that meeting of Inspector Ken MacKaill, who said:

“I think Mr Mitchell has no option but to resign.”

At that point, therefore, a statutory body representing the police, who have very particular powers under our constitution, was conspiring to bring down a Cabinet Minister. That is what happens in third-world countries, where the democratic rights of the people are overtaken by the forces of law and order, which intervene to have the type of government that they want, rather than the type of government that the people want. It is such a dangerous position to have got into when a body that has particular protections and a place in the state is able to abuse them and undermine the very constitution that gives them those powers.

That is also very damaging, as the right hon. Member for Leicester East (Keith Vaz) and others have said, to the concept we have in this country of policing by consent. When the police force was set up, there was great concern that having a permanent, paid police force would undermine basic civil liberties. The feeling was that they would be used to develop a police state, act as an arm of the Government, enforce laws unfairly and harass people, and that they would, therefore, lead us to being a less free society. We have been very lucky that that has not occurred and that the police have, by and large, been very responsible.

I am very glad that my right hon. Friend the Minister for Policing, Criminal Justice and Victims is sitting on the Front Bench and will respond to the debate, because he himself felt so personally and directly an abuse of the police’s power when they came into the Houses of Parliament—a royal palace—to search the office of an Opposition spokesman. We have, therefore, seen the leadership of the police—once involving the federation and once not—using their exceptional and extraordinary power to arrest an Opposition spokesman and to force from office a Cabinet Minister.

That should worry us extremely gravely, because our constitution works on the basis that we are a free society with a civilian police force that plays no part—no role—in the political life of the nation. That is why it has to have a Police Federation that is outside the political ambit, that is not a trade union—and that, therefore, might be supportive of a particular political party—and that is not able to strike because it is not able to wield its power in a way that could appear to be politically motivated. It is given special privileges and protections, but the Police Federation has abused them not just once but, as we have discovered, systematically in its approach to Home Secretaries of both parties and, indeed, Tom Winsor.

The report sets out the problems with extraordinary clarity and certainty. It also sets out what it perceives as being the solutions, but my goodness we should worry if membership of the Cabinet is decided not by the will of people, but by a conspiracy of dishonest members of the Police Federation. We should also worry, as other hon. Members have said, that if it can happen to my right hon. Friend the Member for Sutton Coldfield—one of the most senior Ministers in the Government at the time and one of the Prime Minister’s closest confidants—which of us going about our lawful business and which of our constituents, who do not have the protections of being a Member of Parliament, can feel safe?

That is the real problem of leadership in the Police Federation and perhaps more broadly in the Metropolitan Police. We all see at our local level and, indeed, in the Palace of Westminster the finest standards of traditional policing. There is a disconnect between the constable level and those who seek to lead them. It is damaging our constitution and it needs to be reformed.