Oral Answers to Questions

Lord Walney Excerpts

Monday 23rd January 2017 Commons Chamber

[Mr Goodwill]

I would be more than happy to meet the hon. Lady to discuss that specific case and to see what can be done.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Is the Minister for Policing and the Fire Service aware of the stark warning that was given to his predecessor by the chief constable of Cumbria, Jerry Graham, about the failure of the previous funding formula to take into account

“the cost premium for the sparsity, rurality and geographical isolation of Cumbria”?

Will the Minister meet all Cumbria’s MPs to discuss this important issue before his new proposals come out?

[Brandon Lewis]

I am very aware of the changes and, despite the encouragement of some of the hon. Gentleman’s colleagues, I think it is important that we do this work methodically rather than rushing into it. I have been liaising with Cumbria’s chief constable, and I will be talking to him and the police and crime commissioner. Indeed, I am happy to take input from any source to ensure that we have a clear and transparent process.

Police Officer Safety

Lord Walney Excerpts

Wednesday 2nd November 2016 Commons Chamber

[Brandon Lewis]

If the hon. Gentleman bears with me, I will come to sentencing in a few moments.

Those kinds of assaults, and assaults of any kind, are unacceptable at all levels. Unfortunately, they happen in all parts of the country: whether in Worcester, South Yorkshire, West Yorkshire or Warwickshire, there have been examples in just the past few months of assaults that people should not have to put up with and we should not tolerate as a country. Let me be very clear, then, that assaulting a police officer is completely unacceptable, and anyone found guilty should expect to face the full force of the law.

I assure the hon. Members for Hackney North and Stoke Newington and for Gedling (Vernon Coaker) that tough penalties are available to the courts for those who assault police officers. Sentencing guidelines rightly provide for assault on a police officer to be treated more severely in appropriate cases. I note the hon. Gentleman’s point about youths, and I will touch on that in a moment. However, it is right that we remember that courts are independent and must have discretion to take account of all the circumstances of each case in determining an appropriate sentence.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Why, if there is no discretion in relation to victims of knife crime, does the Minister believe the police deserve less protection than that?

Terrorist Attack: Nice

Lord Walney Excerpts

Monday 18th July 2016 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

I was on the Promenade des Anglais on Thursday evening, watching the fireworks with the crowd, and was very lucky to leave just a few minutes before the attack. The haunting sight for me, having been so fortunate not to have seen the carnage itself, came on my drive to the airport. The Promenade des Anglais is a busy thoroughfare, and the flowers for the victims stretched on and on and on—truly, it will haunt me for a long time.

Is the Home Secretary as troubled as I am by the tension between our natural human desire to focus in on the horror of events such as these—that is the focus of the world’s media and the focus of Parliament in statements such as this—and the inevitable extra publicity that that gives to the terrorists, who want to show that they can create a level of carnage and disruption far beyond what their military capability would otherwise allow?

[Amber Rudd]

I thank the hon. Gentleman for sharing his experience with us. Such personal stories make the tragedy come to life for us. He raises the important point that we want people to be vigilant and aware, but we do not want to give the terrorists the sort of publicity that they want. Our intelligence is that, because we are making progress against them and against Daesh in general, they are now trying to find ways of lashing out and being dangerous. It is right that we know that this is taking place, so that everybody can be vigilant against it.

Brussels Terrorist Attacks

Lord Walney Excerpts

Wednesday 23rd March 2016 Commons Chamber

[Mrs May]

I understand my hon. Friend’s comments. The Jewish community in the UK has seen an increase in the number of anti-Semitic incidents over the last couple of years. That is a great cause of concern for us, and the Government are working in several ways to ensure a proper response to those incidents and to send out the message collectively—it is important that the House sends it, as the Prime Minister has done in the last few days—that we condemn anti-Semitic incidents. The Jewish members of our community are as much a part of our British community as are the Muslim, Hindu, Sikh and Christian members and those members who are of no faith. We are one community and must do everything we can to stop these terrible anti-Semitic incidents.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Further to an earlier question, does the Home Secretary accept that the best people to make the point that Daesh is perverting the true faith of Islam are not herself, the Prime Minister or any non-Muslims, but any and all Muslim groups here and abroad who reject violent jihadism? Is she prepared to make the sometimes difficult calls to empower and back groups here and potentially regimes abroad who do that, even if they might not accord with all the liberal, secular and democratic values we rightly hold dear in this place?

[Mrs May]

The Government work with those who wish to send that message to counter the narrative of the perverted Islam that comes from the ideology that underpins this terrorism. We do that through a variety of community groups in the UK. As I indicated in response to my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), many imams in the UK and around the world—I have met some of them—are actively working to spread a different theological message. That is important work.

Policing and Crime Bill

Lord Walney Excerpts

Monday 7th March 2016 Commons Chamber

[Mrs May]

These reforms to the arrangements in London are supported by all the key bodies, including the authority itself.

The vast majority of police officers and police staff discharge their duties with integrity and professionalism, upholding the best traditions of policing in this country. But where the actions of a minority fall short of the high standards that the public are entitled to expect, there need to be arrangements in place so that the conduct in question can be properly looked into and the matter resolved in a timely and proportionate manner.

In the previous Parliament we took steps to improve standards of police integrity and to strengthen the police disciplinary system. Disciplinary hearings are now held in public and overseen by an independent legally qualified chair. Police officers who are dismissed now have their name held on a “struck off” register so that they cannot join another force. Where corruption is involved, officers can for the first time be prosecuted for a specific offence of police corruption, and the Independent Police Complaints Commission is being beefed up to take on all serious and sensitive cases.

However, there are still significant shortcomings in the current system: indeed, almost three quarters of people complaining to the police are not satisfied with how their complaint is handled. The current arrangements are seen by the police and the public alike as being too complex, too adversarial, too drawn out and lacking sufficient independence from the police. So the provisions in part 2 will build on the reforms that we have already introduced and make the police complaints and discipline systems simpler, more transparent and more robust.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

I appreciate the Home Secretary giving way. Is she as concerned as I am about the length of delay in the disciplinary process and transparency about the failings in relation to Poppi Worthington’s death in Cumbria? What will the Bill do to speed up the process and increase transparency in such circumstances?

[Mrs May]

The hon. Gentleman is right to raise a case about which many people were deeply concerned to see what had happened and how it was handled. I understand that there is an issue for the IPCC in relation to a possible inquest, and the interaction between the IPCC and the inquest. These are challenges that we need to consider very carefully to ensure that the proper process can take place in a timely fashion, and that people do not find that these processes appear to be dragged out for a significant time. There are genuine issues sometimes in relation to inquests and IPCC investigations that have to be properly dealt with and addressed, but I know that everybody was concerned about the appalling case that the hon. Gentleman referred to, and he is right to raise it, as I know he has done previously in this House.

Part 2 builds on the reforms in relation to police complaints and disciplinary systems, and the changes will ensure we can strip away much of the system’s restrictive bureaucracy, remove the opaque categorisation for handling complaints and streamline the complex appeals process by replacing the existing five avenues of appeal with a single review of the outcome of the complaint.

The police will be given a new duty to resolve complaints in a reasonable and proportionate manner, while also having greater flexibility in how they meet that duty. We are also injecting greater independence into the system by strengthening PCCs’ oversight role and making them the appellate body for those appeals currently heard by chief constables. It will also be open to PCCs to take on responsibility for other aspects of the complaints-handling process, including the recording of complaints and keeping complainants informed of progress.

The Bill will create a system of “super-complaints”. These are complaints that can be brought by a designated organisation, such as a charity or advocacy body, on a particular issue, which might relate, for example, to a pattern of policing that could undermine legitimacy. This will enable national or cross-force issues to be examined by the inspectorate, the IPCC or the College of Policing, as appropriate.

Part 2 strengthens the protections for police whistle- blowers by enabling their concerns to be investigated by the IPCC, while protecting their identity so that they have the confidence to come forward without fear of jeopardising their own careers. It also enhances public confidence in the police disciplinary system, including by ensuring that disciplinary action can continue against officers after they have resigned or retired, and by placing the police “struck off” list on a statutory footing to ensure that no one dismissed from one police force can be re-employed by another. Taken together, these reforms represent a fundamental overhaul of the police complaints and disciplinary systems.

In addition, part 2 includes provisions to increase the powers and independence of the IPCC. However, we also need to ensure that the body charged with overseeing the system as a whole is itself organised in such a way as to best equip it to efficiently and effectively discharge its enhanced role.

Following an independent review by Sheila Drew Smith and our recent consultation on changes to the governance of the IPCC, I have concluded that the existing commission model, with commissioners having operational responsibilities, is no longer suitable to oversee the expanding organisation in the new system. At a time when the IPCC is growing as an organisation to take on all serious and sensitive cases, it needs to be more streamlined, more responsive to the public and better able to cope with the cases it is taking on. I therefore intend to bring forward amendments to the Bill to provide for a new governance model.

The reformed organisation will be headed by a director general, appointed by Her Majesty the Queen. The director general will have ultimate responsibility for individual case working decisions, including in respect of the investigation of the most serious and sensitive allegations involving the police. Corporate governance will be provided by a board comprising a majority of non-executive directors, appointed by the Home Secretary, which will have oversight of the overall running of the organisation. It follows that as, under the new governance model, there will be no commissioners, we cannot continue with the name “Independent Police Complaints Commission”. The reformed organisation will instead be known as the Office for Police Conduct.

I should add that the IPCC is supportive of the need for reform, and I am grateful for the input and co-operation of the current chair and chief executive during the development of these proposals.

--- Later in debate ---

[Andy Burnham]

What I have heard from my fire services in the north-west is that they did not have enough resources to cope. Greater Manchester fire services were drawn up to Cumbria when the bad weather hit, but when the flooding came down to Greater Manchester, they did not have enough resources to cover it. We heard at Christmas about a hastily concocted plan to cut the incident response units, which are there to deal with a dirty bomb. These cuts are going too far. The question the Government have to answer is simple: can they give us a guarantee that there are enough fire and police resources in place to ensure that if a major incident or Paris-style attack were to happen in one of our big cities, public safety would not be compromised? I do not believe that they have answered that question and, until they do, I will keep on asking it.

As I was saying, the Bill looks like a plan for policing on the cheap. I will come back to part 1 later, but first I will go through the measures that we support.

Part 2 deals with police accountability. Although there has been progress in that area, I think it would be accepted on both sides of the House that there is much further to go. Ongoing historical cases such as Hillsborough, Orgreave, and the Daniel Morgan murder, stand as testimony to the uphill struggle that ordinary people face in holding the police to account, even when there is clear evidence of wrongdoing. As the Home Secretary said, there is no sign that public confidence has improved, given that so many people who are dissatisfied choose not to pursue their complaint.

There is also evidence that the current system is not as fair as it should be to police officers who face disciplinary charges, with professional standards branches encouraged to adopt a heavy-handed approach. We agree with the Government that the system for handling complaints is in need of serious reform, and we welcome clarification that all complaints should be recorded, ending the confusion that comes with leaving that decision up to police officers. I give a cautious welcome to the new role for police and crime commissioners in that area, but it is still early days for PCCs, and many have yet to show that they can effectively hold a whole police force to account. An individual who is close to the force on operational matters may struggle to hold it to account on disciplinary matters. That is an open question, and the Government should not have too much trust that that will materialise.

[John Woodcock]

I am sure my right hon. Friend welcomes the fact that the Independent Police Complaints Commission will be able to bring misconduct charges for officers who have retired. Does it seem strange, however, that the only penalty that seems to have been proposed for a retired officer who is found guilty of misconduct is to say to them, “You can’t come back and work in the police force”? That is no penalty at all if they have already retired.

[Andy Burnham]

I will come to that point in a moment, but I agree with my hon. Friend and I will demonstrate why his point is entirely valid.

We support measures in the Bill to refocus and rename the IPCC, and to strengthen its independence by allowing it to initiate its own investigations and carry them out directly, rather than relying on police forces. We also support protections for whistleblowers, and potentially the most powerful proposal in the Bill is the power to bring super-complaints.

I recently held a seminar with Baroness Doreen Lawrence, which brought together groups that are still campaigning for justice, such as the Shrewsbury 24 campaign, the Orgreave Truth and Justice campaign, and Justice 4 Daniel. There are common threads between them all, but the way the system works currently forces them all to plough their own furrow individually, and it does not allow them to join forces. The super-complaint proposal could rebalance the system in their favour, which is why I welcome it so strongly.

I know that the Home Secretary has still to publish details on how that proposal will work, but I offer to work with her and I encourage her to allow a number of often small campaign groups to bring a complaint together. For instance, if the Stephen Lawrence campaign had been able to join forces with the Daniel Morgan campaign, or if the Orgreave campaign had been able to join forces with the Hillsborough families, history could have been very different. At our seminar we heard from all campaigns about something that they hold in common: the unacceptable levels of collusion between the police and the press. If the Government fail to honour the police’s promise to victims of phone hacking and to set up the second Leveson inquiry—as we have been led to believe from reports—I hope that the route of the super-complaint will open up another avenue for campaigners.

--- Later in debate ---

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

It is an honour to follow the considered speech of the hon. Member for Rossendale and Darwen (Jake Berry). He was brave and absolutely right to add to the calls to extend the 12-month period. I sincerely hope that the Government will agree to do that on Report.

The public put a huge amount of trust in the integrity and professionalism of the police, and rightly so, but nobody is infallible. When the police mess up, the public want to know that they will be held properly to account. Public confidence is vital for effective policing, and police accountability has come a long way in a relatively short space of time. It is easy to forget that it was only in 2002 that the last Labour Government set up the IPCC in response to the Stephen Lawrence case. That was a huge step forward, but compared with other public services the police remain under-scrutinised. Too many investigations are carried out behind closed doors. Too many reports are supressed. Too many officers take retirement rather than taking the rap for their mistakes.

Some clauses in the Bill will make real progress on a lot of those issues, and that is welcome. The widening of the definition of a complaint in clause 11 is sensible, and will, I hope, allow greater scrutiny. It is good to see that officers will no longer be able to dismiss complaints as fanciful without recording them. Most welcome is the beefed-up role of the IPCC in investigating complaints. The fact that it had to wait for a referral before acting was always perverse, and I am glad that it will now be able to act with greater freedom when it thinks that wrongdoing has occurred. The move from managed to directed investigations with more IPCC oversight is also a step in the right direction for transparency and accountability. It is right that the IPCC will now be required to investigate all cases that involve chief officers.

The House will be aware of the tragic case of Poppi Worthington in my constituency. I have raised it a number of times on the Floor of the House, and I know that the Ministers on the Front Bench are well aware of it. The failings of the police in Cumbria in the aftermath of Poppi’s death are deeply troubling. Not only has the case raised questions about the conduct of my local force, but it prompts wider questions about the overall system and structure by which the police are held to account. I am concerned that for all the positive steps they contain, the proposals represent a missed opportunity to deal with those issues.

I want to raise three specific issues: first, the information that is available to police and crime commissioners to allow them to perform their roles effectively; secondly, the disciplinary processes and the role of the IPCC; and, thirdly, new rules for officers who leave the force. In Cumbria, we have just welcomed back Jerry Graham as our chief constable following a leave of absence for ill health. In his absence, the deputy chief constable, Michelle Skeer, acted up in his position. That is normal procedure, and it meant that Ms Skeer was at the helm in recent months, during the revelations about Poppi’s death. The problem is that she was also one of the officers criticised by the IPCC in its report into police failures in the Poppi case. That report has still not been published, and I maintain that it should be made public immediately.

Not only was Ms Skeer criticised, but the police and crime commissioner was not made aware of the IPCC’s findings when he confirmed her appointment as the acting chief constable. I understand that it is often a formality for the deputy to act up when the chief constable is laid low, and in the vast majority of cases that will make sense, but it requires oversight and confirmation by the police and crime commissioner. Otherwise, what are they there for? Surely the Government must agree that in that case, it was inappropriate for Ms Skeer to act up without the commissioner being apprised of the findings of the case against her. It must be possible to address that problem in the Bill. That has not happened yet, but there is a clear opportunity to do so on Report if the Government have the will to act.

For an officer to head a force, and to have oversight of all disciplinary matters, when she has been heavily criticised by the IPCC is highly problematic. It looks wrong to the public, and it damages trust. That situation should never be allowed to occur again, but I see nothing in the Bill to correct that flaw in the original procedures. Should not police and crime commissioners be provided, as a matter of routine, with draft IPCC reports, even when the reports cannot be published for legal reasons? When the decision is made to appoint a chief constable or a deputy, or to allow people to act up in those roles, the IPCC ought to give the police and crime commissioner all the relevant information about as yet unpublished investigations into that individual, even if that information is available only in draft form. If commissioners are to be more than simply window dressing, sustained at considerable expense to the taxpayer, they need to be able to access the information that allows them to do their jobs properly.

On discipline, the Bill is surely an opportunity to improve the current processes.

[Mike Penning]

I thought it might be useful to say at this point that the Under-Secretary of State and I, having listened to the hon. Gentleman’s speech and the other contributions, will look carefully to see whether we can address in Committee or on Report the concerns that he has sensibly raised around that issue. One way or another, we will try as best we possibly can to address the matter in the Bill.

[John Woodcock]

I thank the Minister for intervening now, rather than waiting until his summation. What he has said is really welcome.

If I can find my place, I will continue what I was saying about discipline. One reason that I have been given for the continued suppression of the report in the Poppi case is that disciplinary action is still ongoing against two officers. However, the draft report was available to Cumbria constabulary exactly a year ago. The IPCC has said that it is “extremely surprised” at the delay, but it appears to have no ability to compel the force to get on with the process. We are left with a situation in which a force is in control of the disciplinary process, but by delaying that process it can hold up the publication of a report that is critical of that force. I am not saying necessarily that Cumbria constabulary is deliberately doing so, but that is clearly the effect. That cannot be right. Surely, the IPCC could appropriately be given more power to compel a force to complete disciplinary action in good time, rather than ending up with a situation such as we have in Cumbria.

Finally, I want to address what happens when officers retire or resign from the force when they are facing disciplinary action, as several hon. Members have mentioned. There has rightly been focus on the length of time for which a former officer can still face disciplinary proceedings after leaving, and whether 12 months is sufficient. The shadow Home Secretary has compellingly set out why it is not, and he has already been joined in expressing that view by one Conservative Member. I also want to focus on the suggested sanctions. Someone will correct me if I am wrong, but I have raised the matter with the shadow Home Secretary.

My clear reading of the legislation is that where an officer retires before disciplinary proceedings against them can be triggered, within the 12 months or whatever period is set out—they can now, for the first time, be found guilty of misconduct, which is a real step forward and should be welcomed—the only sanction currently proposed is to put them on a list that will prevent them from working in the police force again. However, as they have just retired, which was how they have sought to escape justice in relation to any misconduct, telling them that they cannot come out of retirement is surely no kind of deterrent whatever. I very much hope that can be reconsidered in Committee.

[James Berry]

I am sure that the hon. Gentleman has consulted the police conduct regulations and will know that sanctions under the police disciplinary regime are intended not to punish officers but to maintain public confidence in the profession. The worse that can happen to a serving police officer is to be dismissed without notice, so it would be rather perverse if there was a more extreme sanction for someone who had retired.

[John Woodcock]

The sanction would not be more extreme because there is no chance of any workplace sanction after that. In the hon. Gentleman’s speech, he can tell me what he thinks the effect on public confidence in the police would be if someone guilty of misconduct—at Hillsborough, Orgreave or in one of the many other cases—was merely put on a list preventing them from serving again, rather than having any other sanction imposed on them. My right hon. Friend the shadow Home Secretary mentioned the prospect of being able to reduce the pension entitlement of retired officers in certain circumstances, which I hope the Minister will consider carefully.

[Mike Penning]

One of my very sad but important duties is to remove a pension from an officer because they have committed certain types of offence. Sadly, I have to do that weekly. There is already such a sanction, and others, including criminal sanctions, can also be taken. The ability to remove a pension is already in statute.

[John Woodcock]

But what if they have retired?

I am getting into the rather unusual situation of wanting to ask questions of the Minister who has intervened on me. If my understanding is wrong, I hope he will point that out now or in his summation, but I understood that the only sanction available for an officer who had already retired was not to reduce their pension further, but simply to put them on a list to prevent them from going back to the job from which they had retired to escape accountability.

[James Cleverly]

I hope I can clarify the situation. I have served on the professional standards sub-committee of the Metropolitan Police Authority, so I can tell the hon. Gentleman that we are discussing the difference between a conduct sanction, for which the maximum penalty is dismissal from the force, and a criminal offence, for which pension forfeiture is one of the options. We must not confuse the two elements.

[John Woodcock]

That is helpful. I must say that I was not confusing the two of them, but I am grateful to the Minister for attempting to provide clarification.

I think we are clear that, at the moment, there is no such sanction for a finding of misconduct against an officer who has already retired. That is surely still a gap because it seems palpably absurd to suggest that some sort of blacklist would be a sufficient deterrent or, if that is not what the sanction is for, to give a sense of confidence and justice. I really hope that the Government will think again about this issue. They should also consider whether community work could be mandated in certain appropriate circumstances in certain fields for officers who have subsequently been found guilty of misconduct. I suggest that what is being proposed will simply not be enough to meet the real need for people to have greater confidence that retired officers can be sanctioned.

[Mr Kevan Jones]

I am listening very carefully to my hon. Friend’s speech and I understand his frustration, but does he not realise that it would be very difficult to take someone’s pension off them? For someone who has retired and been paid a pension for 10 years, it would be difficult to take their future pension payments off them, but how does he envisage recouping the money that they had received for the previous 10 years? I understand his frustration, but that might be very difficult to do in practice.

[John Woodcock]

I understand that there are clearly practical difficulties. At the moment, there would not be such a 10-year situation, because the Government suggest that it would happen within one year. We must, however, balance any logistical difficulties with the fact that it would be the exception rather than the norm. To take the example of the appalling conduct of certain senior officers at Hillsborough, the idea that they could escape with no sanction whatsoever is galling. We have a chance to change the system and to tighten it up further than by the welcome steps that the Government have already set out, and I really hope we can do so.

Labour Members who have been pushing for all of this should give credit to the Government because, at least in this respect, they want to make genuine progress. For all the valid criticisms that we make of many aspects of her role, the Home Secretary genuinely wants to increase the level of accountability and transparency in any area of public service that, for too many years—through generations—has avoided the kind of scrutiny given to other areas of the public sector. However, I think we can do significantly better than the proposals currently on the table, and I hope the Government will now consider that.

Poppi Worthington

Lord Walney Excerpts

Thursday 11th February 2016 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Thank you, Madam Deputy Speaker. I will heed your very appropriate warning on these matters. Indeed, the precise nature of what can and cannot, and should and should not, be disclosed is an important issue in this debate, as I will go on to discuss. I want to thank colleagues who have been right behind the push to try to salvage some justice after the death of Poppi Worthington and to press for the changes that this investigation clearly must lead to, both in the way the police operate in these matters and in social services. I am grateful to the Minister for her time today in the meeting, and it is good to be able to follow on so directly with this public debate.

Poppi Worthington died in December 2012, when she was 13 months old. We are now in February 2016, so more than three years later I am still having to come to this House for answers. Indeed, it has been only weeks since it has been possible to discuss this matter in public, because of the extensive, deeply surprising and in many ways concerning injunction that was placed upon reporting this matter. That was only partially lifted by Mr Justice Jackson’s ruling last month.

I will briefly go through some of the key facts, before moving on to the questions I hope the Minister will answer. On 11 December 2012, Poppi Worthington was put to bed by her mother a perfectly healthy child. Eight hours later, she was brought downstairs by her father lifeless and with troubling injuries, including significant bleeding from her anus. She was just 13 months old when she died. It then took until June 2013 for the full post mortem to declare the cause of death as “unascertained”.

In August 2013—eight months after Poppi’s death—Paul Worthington, her father, was brought in for questioning. That was the first time he had been questioned by police. He had twice before been questioned in relation to different child sexual abuse allegations. Critical evidence, such as Poppi’s clothes and last nappy, had been lost or never gathered by police. The media have reported that Mr Worthington’s laptop was not requested by police at the time, and by the time they eventually asked for it, the device had apparently been sold and sold again and so was unavailable to the police’s store of evidence.

In March 2014, a fact-finding report was delivered in private in a family court. Court records dated 18 December 2014 make it clear that lawyers acting for Cumbria County Council originally applied for a 15-year ban on the disclosure even of Poppi’s name. In the judge’s words, their case for secrecy included the claim that

“disclosure of alleged shortcomings by agencies might be unfair to the agencies”.

The coroner’s inquest in Barrow town hall took just seven minutes to declare her death as “unexplained”. That is less than a quarter of the time we have for this debate.

It took legal action from a variety of media organisations to force a second inquest, after the first was declared insufficient and therefore unlawful. I pay tribute to several people in the media who have pushed for this tirelessly, particularly Clare Fallon of “BBC North West Tonight” and the North West Evening Mail, whose Justice for Poppi campaign is still gathering signatures on the Downing Street website for the full and independent investigation that I believe is necessary, given the scale and breadth of the failings.

It then took until July 2015 for the High Court to order the second inquest. In November, Mr Justice Jackson in the family court released part of his original fact-finding judgment from the March before. This revealed that Cumbria police conducted “no real investigation” into Poppi’s death for nine months, despite a senior pathologist at the time raising concerns that Poppi might have suffered a serious sexual assault. It then took until this January—just last month—for Mr Justice Jackson to give his final, very clear verdict: based on medical evidence, he believed that Poppi had suffered a penetrative sexual assault before her death. It was only after this judgment that the second coroner’s inquest could get off the ground. It had been requested in January 2015 and confirmed in July.

We heard earlier this week that the second inquest would commence in March and that we would find out the timetable soon. Worryingly, the senior coroner has indicated that it might not even be concluded this year. Meanwhile, the Independent Police Complaints Commission has put together a report into failings by Cumbria police that names several officers. The report was finished last March—nearly a full 12 months ago—and leaked to the BBC, but the IPCC is currently still refusing to publish it. Similarly, a serious case review by Cumbria Local Safeguarding Children Board is being withheld, despite the Under-Secretary of State for Women and Equalities and Family Justice, the hon. Member for Gosport (Caroline Dinenage) making it clear that the publication of neither of these reports could prejudice the coroner’s second inquest.

In addition, the Crown Prosecution Service is reviewing the evidence to see if a criminal prosecution is possible. The fact that it is in doubt is surely largely the result of the astounding failures by the police in their handling of this case. The clear question to the police, which must now be taken up, is why they did not act immediately after a pathologist raised the prospect of a serious sexual assault. Why did they not keep hold of vital evidence from the scene?

Those questions demand serious action from the force itself and from the Government. That brings me to the following serious issues: the nature of and justification for the refusal by the IPCC to publish its completed report; and the appointment and continued tenure of acting Chief Constable Michelle Skeer.

We are told that lessons have been learnt by the force, but we cannot judge because we are not permitted even to see the IPCC report into what went wrong. We do not know exactly why these failures occurred. We do not know if those responsible have been held properly accountable. Most importantly of all, we do not know if new systems have been put in place to stop this happening again.

I have written to the IPCC to ask for the release of its report. It refused on the grounds that it could prejudice the second inquest, the disciplinary processes that have yet to be fully undergone or a future criminal investigation. My case to the Minister today is that none of those three potential justifications holds any water.

Let me deal first with the idea that the report could prejudice the second inquest. The inquest, by definition of course, looks at the cause of death. It looks at the period of time up to death occurring. The IPCC report is concerned exclusively with the police investigation into that death, so there is zero overlap between those two periods of time. One cannot logically prejudice the other. While I understand that the Minister cannot command the IPCC, as it is currently constituted, to do anything—it is an independent body for justifiable reasons—I urge her to comment on her view of the logic of that case.

Neither is it legally possible to prejudice disciplinary proceedings, which are yet to get under way. That is my clear legal understanding based on evidence I have seen provided to the BBC. I would like the Minister to confirm that. The key failure we face is whether there is the prospect of mounting any criminal investigation at all.

When I was first able to question the Minister a couple of weeks ago after Mr Speaker granted me an urgent question on this matter, I called for a separate force to be brought in, given the manifest failures of the original investigation. I wanted a separate force to be brought in to take over this investigation. The Minister and I have been able to discuss this outside the Chamber and I understand that she does not yet have the necessary information to make a judgment on that, but part of the necessary information will be the IPCC report that is currently being withheld. Every day that goes by, the evidence trail gets colder, and every day without justice for Poppi is a day in which her killer, if she was unlawfully killed, is able to walk free.

Will the Minister confirm that she wants to see the report as quickly as possible, preferably through full and open publication? If that is not possible, is she prepared to ask for a private copy like that provided to the police and crime commissioner, who has confirmed that, although he is not allowed to refer to it publicly, he is able to use it to make judgments?

It has become apparent that the police and crime commissioner, Mr Richard Rhodes, had not received the report when he endorsed the temporary promotion of Michelle Skeer from deputy chief constable to acting chief constable after Chief Constable Jerry Graham was forced to stand down temporarily on the grounds of ill health. Regulations state that the PCC should be given an unpublished report only if it relates to the chief constable, but he was not made aware of the contents of this report, even though he was required to endorse the temporary promotion of a woman—this is clear, because the report has been leaked to and reported on by the BBC, and it has been shown to me—whom it directly names and criticises for her actions in this case. She is now overseeing the force’s path of improvement from the case, despite the fact that she was directly implicated in it.

Is the Minister as troubled as I am by this situation, and will she agree to re-examine the regulations and procedures, to ensure that this kind of thing cannot happen again? If a report relates to someone who may be promoted to the position of chief constable, the police and crime commissioner should automatically be given sight of that important evidence.

I have come to the conclusion that it is unsustainable for Michelle Skeer to continue in the post of acting chief constable, because that is to the detriment of restoring confidence in the police force and the process of change that it now needs to carry out. She was named in the report from which the police force needs to recover, and the manner of her appointment was flawed. The Minister will probably say that that judgment is not for her, but for the PCC to make. However, if the PCC reaches that view, will the Minister at least pledge to give him her Department’s assistance in finding an alternative acting chief constable while the permanent chief constable returns to health?

These are incredibly difficult and distressing matters. No professional intentionally allows such horrific cases to go without justice. Police officers go to work to prevent and to solve crimes, and social workers go to work to protect children, but that has not happened in this case. Although this is a difficult and complex issue, the Government face a binary choice: either they must be prepared to step in and do all they can to increase transparency and to remove the logjam and the cloud of secrecy hanging over the case, or they will end up being part of a system that perpetuates that secrecy.

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I congratulate the hon. Member for Barrow and Furness (John Woodcock) on securing the debate, and thank him for the points that he, along with others, has raised about this deeply sad and troubling matter today and previously. He is an excellent constituency Member, and I know how hard he works for his constituents. The fact that he is continuing to campaign on this deeply troubling matter is a credit to him, and a credit to the constituents who elected him. I also thank you, Madam Deputy Speaker, for the advice that you gave at the beginning of the debate. I shall bear your words in mind.

The circumstances surrounding the death of Poppi Worthington are extremely distressing and disturbing. I am sure that other Members who have read the press reports and court findings have found them as profoundly upsetting and moving as I have, and I am sure that we share a determination to try and discover what happened in Poppi’s case, Any failings in the police response, or the response of any other agency involved, must be identified, and action must be taken to ensure that they are never repeated.

However, as I made clear in my comments to the House during a debate on this matter on 20 January, I cannot comment on this case in detail. Indeed, it has become even more crucial for me to maintain that position since the announcement on Tuesday by senior coroner David Llewelyn Roberts that the inquest into Poppi’s death will reopen on 18 March. I know that Members will share my primary concern that, in discussing this case, we should not inadvertently prejudice a much-needed judicial process. The House will understand that, to that end—whatever my personal views may be on the terrible nature of Poppi’s death—I am constrained by the ongoing proceedings, and am therefore unable to make any detailed comment today. I urge others, in the Chamber and outside, to consider and take heed of that approach.

Members will be aware of the allegations of police failings in the original criminal investigation of Poppi’s death in 2012, which have been investigated by the Independent Police Complaints Commission. The IPCC looked into whether that specific investigation had been conducted thoroughly and appropriately, and whether investigative opportunities to obtain key evidence had been identified and acted on appropriately. It is, of course, the role of Her Majesty’s inspectorate of constabulary to assess the overall functioning of the force.

The IPCC’s subsequent investigation report was given to Cumbria constabulary on 1 April last year, so that it could consider the report and determine what action to take. I should point out that HMIC will have regard to the force’s response to the IPCC report in the course of its inspections. All forces are inspected annually on their overall effectiveness, and, in addition, HMIC has a rolling national child protection inspection programme which looks specifically at each force’s child protection arrangements.

I fully understand the level of public interest in Poppi’s death, and I fully understand why there have been calls by, among others, the hon. Gentleman for the IPCC report to be published immediately. I know that the IPCC has written to the hon. Gentleman to explain its position, offering to meet him to discuss the matter further. I have met IPCC officials to discuss the matter, and I understand its position. I appreciate that we must balance the interest of the public in these matters with the wider public interest in ensuring that the integrity of ongoing and any future proceedings is not jeopardised. The IPCC has made it clear to me that it will not release the report while disciplinary proceedings are ongoing. It has also told me that the second inquest may be a jury inquest, and that it does not wish to release the report until there is certainty about whether that is the case, because otherwise there might be prejudice in regard to the inquest.

[John Woodcock]

The Minister and I know that that is the justification, but does she at least understand my bafflement, given the entirely different timeframes that are being discussed, as I set out?

[Karen Bradley]

The hon. Gentleman and I discussed that point earlier. I sympathise with his position, but that is the IPCC’s position and its guidance. I should make the point that I want to see justice done and to uncover the failings. As long as the people who are able to find that out and make those decisions have all the information available to them, that is my priority. I do not want anything to jeopardise that and I do not want anything that means that justice is not done. As long as the people who make those decisions and who can get to the bottom of the situation know what happened, that is the priority.

[John Woodcock]

I thank the Minister once again for giving way—this will be the last time I intervene. I hear what she says on that point, but if she were to see the report in private would that be useful to her in making a judgment on whether another force ought to be brought in? Surely it would be useful for her to see that information in private.

[Karen Bradley]

I met the IPCC this week. It does not give reports out and has to wait for the appropriate moment. There is not a process by which a Minister can see those reports. It would not be appropriate for Ministers to see reports before it is appropriate for them to be released to the public.

In response to the hon. Gentleman’s point, I should explain that there is no obligation for the IPCC to provide an investigation report to the police and crime commissioner as part of any due diligence exercise on a potential promotion candidate within a force. The IPCC’s obligation to provide that report to the police and crime commissioner applies only when it relates to the alleged misconduct of a chief officer for whom the PCC has a statutory responsibility. However, the hon. Gentleman makes a good point about the PCC having full sight of all information when an appointment is made. I have asked officials to look at whether anything can be done, because it could involve somebody going to a different force—they do not have to be within the same force—and it is important that PCCs who are considering a candidate for a chief officer role have all the information pertinent to the appointment when they make the decision. The hon. Gentleman asked about advice that can be given by the Home Office to the PCCs who are looking for new recruits. I assure him that any PCC who approaches the Home Office for advice on recruiting a new chief officer will receive that advice.

I stand with those who urgently want to understand what has happened in this case, but I also want to see justice served and the truth to be established. We must be careful in our haste to see justice done that we do not inadvertently prevent it from being done. In addition to the inquest into Poppi’s death and the ongoing disciplinary proceedings at Cumbria constabulary, the Crown Prosecution Service is reviewing the file on Poppi’s case to decide whether to launch a criminal prosecution. To avoid prejudice in any of those cases, the IPCC intends to publish its report after the conclusion of all the proceedings I have mentioned. That may disappoint some, but we must recognise the rationale for that decision.

The IPCC has investigated allegations of police failings in relation to Poppi’s death, but the criminal investigation remains a matter for Cumbria constabulary. I know there have been calls for that investigation to be reopened and for a fresh one to commence. It is of course open to the police to review the investigation, but that is an operational decision for the force that will need to be considered in the light of what, if anything, a review could realistically achieve. It is for the chief constable of Cumbria to consider whether the investigation should be reopened and whether another force should take on the investigation in order to maintain public confidence. Whatever my personal convictions, it would not be appropriate for the Home Office to intervene in this situation.

I once again thank the hon. Gentleman for raising this important issue and extend the offer of continued dialogue and meetings. We all want to get to the bottom of what happened and to see justice done. I acknowledge that many questions have still to be answered in this terrible case. Like other Members, I want to see the outcome of those proceedings. I look to the outcome with interest, but I want them dealt with as speedily as possible.

Question put and agreed to.

Poppi Worthington

Lord Walney Excerpts

Wednesday 20th January 2016 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the failures set out by Mr Justice Jackson yesterday following the death of 13-month-old Poppi Worthington from Barrow in my constituency in December 2012?

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

The death of Poppi Worthington is deeply distressing and disturbing. Like other Members, I am sure, I have found reading the press reports incredibly difficult and moving. The House will understand, however, that I cannot comment on the case in detail. The judge made a ruling yesterday in the family court, but any further debate could be prejudicial to a second inquest into Poppi’s death, which is due to take place later this year. There are allegations of police failings in the original investigation into her death in 2012, which have been investigated by the Independent Police Complaints Commission. The IPCC report has been completed but cannot be released yet, so as not to prejudice the second inquest.

Child sexual abuse is an horrendous crime, and there is nothing more important than keeping children safe. That is why we have given child sexual abuse the status of a national threat in the strategic policing requirement, which sets a clear expectation on police forces to collaborate across force boundaries, to safeguard children and to share intelligence and best practice. As we have made clear, we will not hesitate to take tough action when councils or the police are failing in their statutory duty to protect children. Since 2014, Her Majesty’s inspectorate of constabulary has been inspecting forces in England and Wales on their response to child protection, including child sexual abuse. Forces that fall short of expectations are being re-inspected to make sure that they have dealt quickly with any failures.

The Home Office is committed to strengthening the law enforcement response and we are working with police forces and the National Crime Agency to ensure that more resources and improved technology are available to investigate abuse properly. It is critical that the police have the appropriate expertise and tools to identify, pursue, investigate and prosecute offenders. We have introduced new sexual risk orders and sexual harm prevention orders, which the police can now use to manage an individual who presents a risk of sexual harm to a child. We have introduced powers for the police to close an establishment that might be used for sexual activity with a child.

It is vital that police identify child sexual abuse and respond appropriately. The importance of this cannot be overestimated. In March last year, as part of the “Tackling Child Sexual Exploitation” report that the Prime Minister launched, the College of Policing and the national policing lead for child protection and abuse investigations set a requirement on all forces to train all new and existing police staff to respond to child sexual abuse and exploitation. That includes call handlers, police community support officers, detectives and specialist investigators. The College of Policing has developed and will keep under review a comprehensive training programme to raise the standard of the police response to child sexual abuse.

This Government are committed to tackling child sexual abuse, but I know that is little consolation to the family of Poppi Worthington. I commend this statement to the House.

[John Woodcock]

I thank the Minister for her reply. On 11 December 2012 Poppi Worthington was taken to bed by her mother a perfectly healthy child. As Judge Jackson set out yesterday, she was brought downstairs eight hours later by her father, Paul Worthington, in a lifeless state, with troubling injuries, most obviously significant bleeding from her anus. Mr Justice Jackson was clear in his judgment yesterday that Paul Worthington raped that child and she died soon afterwards, yet it was a full eight months later that the parents were first questioned by the police, despite a pathologist raising concerns at the time that her death was caused by a “penetrative sexual assault”. By this time crucial evidence had been lost by the police, such as the nappy she had been wearing at the time and her bedding.

In October 2014 the then coroner took just six minutes to record Poppi’s death as “unexplained”. The Crown Prosecution Service has said that there is currently no prospect of a case being made against the father. Despite the clear pointers available, Cumbria social services chose to allow Poppi’s siblings to return to the family. Although the failures happened after the child’s death, not before, the combined failure of several agencies is every bit as serious as those that contributed to the deaths of Victoria Climbié and baby Peter in Haringey.

Will the Government make it clear that they value Poppi’s life as greatly by ordering now a similarly thorough independent investigation into how the failings happened? Will they, as the second inquest is continuing, order a separate force to come in and take over the investigation into Poppi Worthington’s death to try to salvage some prospect of justice for her life? Will they renew their focus on improving social services in Cumbria, which have been troubled, as we know, for many months? What will the Government do to ensure the safety of the Worthington children and all the children in Barrow, given that Paul Worthington is still walking free?

[Karen Bradley]

The hon. Gentleman sets out the case clearly and passionately. He is working for his constituents, as he always does. He will know that in 2015 an Ofsted investigation found Cumbria social services to be inadequate. The Department for Education is in the process of an intervention into Cumbria social services to ensure that child social services work properly in Cumbria and that all children in Cumbria have the support and protection they rightly need.

We need to learn lessons from this case, but we need to wait for the second inquest. The Attorney General has granted the second inquest, and until it is completed we will not have the full facts. The hon. Gentleman will know that new evidence will have to come to light for the case to be reopened. That may or may not be the case, depending on the IPCC inquiry and the second inquest, but this is an operational matter in which I, as the Minister, would not be able to intervene.

Oral Answers to Questions

Lord Walney Excerpts

Monday 16th November 2015 Commons Chamber

[Mike Penning]

A lot of new technology is coming into force, along with different crimes—we have a completely different crime pattern these days from what we have inherited over the years. Body-worn video cameras in particular are transforming frontline policing. They are a wonderful asset. If police and crime commissioners and their chief constables are not looking at them now, I fully expect most of them to do so in the very near future.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

I am confused. If the Minister’s decision to suspend the imposition of unprecedented cuts on Cumbria’s police force because he wants them to be £5 million greater is not interfering with frontline policing, I am not sure what is. Will he at least reassure my worried constituents and those across the county that he will not go ahead with the £31 million of cuts, which he somehow managed to forget to announce when he said the figure would be £26 million?

[Mike Penning]

I stood at this Dispatch Box last week and announced that we would stick with the existing funding formula for 2016-17. I did not forget anything—I announced it and was questioned very fully. Crime has fallen in Cumbria, which the whole House will welcome.

Paris Terrorist Attacks

Lord Walney Excerpts

Monday 16th November 2015 Commons Chamber

[Mrs May]

In respect of anyone who is a matter of interest to the police, law enforcement or security agencies, a number of powers and measures are available. For those planning or seeking to undertake terrorist attacks, of course, we have strong counter-terrorism legislation here in the United Kingdom, and I think everyone would agree that the best place for a terrorist is, after prosecution, behind bars.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Does the Home Secretary understand that the Prime Minister will not get a consensus for increased military intervention unless and until he comes to the public and to this House with a plan involving increased diplomatic, development and military options? When can we see some leadership? The right hon. Lady says that the UK will stand with France. When will this happen?

[Mrs May]

I find the hon. Gentleman’s question a little confusing: we do stand with France and we have stood alongside France. We have been providing France with assistance and co-operation in these matters, and we continue to do so. The hon. Gentleman mentions the issue of whether the UK will take part in military action in Syria. The Prime Minister has been very clear that if and when he comes to this House in relation to such matters, it will be on the basis of a consensus.