I thank the right hon. Member for South Holland and The Deepings (Sir John Hayes) for his contribution, but I feel I have to pick up on his point about stop and search.
As I know from my own constituency, done badly, stop and search can have a lifetime impact on trust in the police. I know men of my age who can still remember when they were stopped and searched frequently and badly. It absolutely has to be intelligence-led and done respectfully, so that any young person—or any person stopped by the police—knows their rights and is treated properly, because not everybody carries a weapon. There is
a point to it when it is well-targeted, but we have to keep monitoring the police so that the number of stop and searches and the number of weapons found are proportional. Across London—I know my hon. Friend the Member for Vauxhall (Florence Eshalomi) will find this as well in her constituency—people caught with a weapon will often hide it in the bushes or somewhere else because they know it will be found by stop and search. If it is used badly, it does not work; if it used well, it does have a place in policing. It cannot be got rid of completely, but it must be done respectfully and properly.
Given the current challenge the police are facing, particularly in London, in terms of trust with the community, we need to be really careful. In my constituency, I watch the statistics closely for who is stopped and searched, and the proportion of knives caught. It is important that we all keep an eye on that. We are at a point of disagreement, but I hope we can disagree well on this issue. The tone of the debate has been like the old days— we are actually discussing the matters in the Bill.
I want to focus on a number of issues, starting with that important matter of public trust in policing, which we know is currently a real challenge. We have policing by consent in this country and that is a prize worth fighting for. In my constituency, over a very long period of time, before my election 18 years ago and since, we have seen that lack of trust and challenge played out viscerally at times. Nationally, we had the shocking cases of police officers Wayne Couzens and David Carrick. They were serving officers and continued to be in employment despite previous incidents that were clear red flags.
I strongly commend to the House Baroness Casey’s review into the standards of behaviour and internal culture in the Metropolitan police. It sets out clearly the scale of the problems and is a seminal piece of work, but it will only be a seminal piece of work in reality if it is actually taken on board. I therefore welcome the commitments made by the Metropolitan Police Commissioner, Sir Mark Rowley, to tackle those issues, and his strong acknowledgement of the systemic problems in the force he now leads. The leadership has to come from the top, but it needs to be root and branch from below as well. We need to have confidence that the police can report issues among their colleagues —the duty of candour is an important element. The idea that things are hidden from senior management, or that senior management will not deal with them, needs to be in the bin now. Sir Mark Rowley needs power to his elbow to continue to deliver what he is trying to do. I am very concerned about how we got here and there are still lessons to be learned.
Very many years ago, I became a Home Office Minister. I had responsibility for the vetting and barring service. Building a picture about an individual police officer and vetting is still not being applied to the police. I served as a Home Office Minister for the three years from 2007 until the general election in 2010. Colleagues may remember the Bichard report, published in 2004 after the tragic murder of two young girls in Soham. The importance of recording and aggregating inappropriate and concerning incidents and behaviours carried out by people in professional roles, or indeed anyone, was not being managed well. Someone could commit a crime in one area—or not even commit a crime, but come to the
attention of the police force in that area—and then move to a different area and repeat the same actions, and there would not be an overall picture of what that person had done.
As the Minister responsible for the then vetting and barring scheme, since subsumed, alongside the Criminal Records Bureau, into the Disclosure and Barring Service, I helped to shape that picture, focusing particularly on people working in education and health settings and bringing together and changing the rules governing the way in which people were supported. But that picture building also plays a much wider role. I know, having dealt with it in such detail at the time, that if it is used and shared properly, it can prevent opportunities for more serious crimes to be committed.
It is a tragedy and an irony that that type of intelligence gathering, which is now well established in many professions, including education and healthcare, had clearly not been happening in policing. The vetting system alone was different. Someone could be vetted and passed to become a police officer in one area, but in another area the vetting would disbar him or her from that force. Actions could be registered on people’s files and records as employees in one force, and in another force—or, indeed, in the same force—the accumulation of those actions did not lead to those people losing their jobs.
Before Wayne Couzens was convicted of rape and murder, six incidents of indecent exposure were linked to him, and in a previous job he was known as “the rapist” because of how he made women feel. David Carrick’s offences spanned a 17-year period—almost as long as I have been in the House—with reports to the Met first made in 2000. Here we are in 2023, more than 20 years after the tragedies in Soham, and that picture building and intelligence gathering across police forces has still not been happening. There is a great deal to be done to build trust between the public and the police, and it is clear that immediate progress needs to be made on the issues that I have mentioned.
I want to say something about the Home Office’s recent review of police officer dismissals, in particular its recommendation that misconduct hearing panels should be chaired by senior police officers supported by a legally qualified panel member and an independent member. Previously the panel would have been chaired by the legally qualified panel member, supported by the other two members, in order to ensure, rightly, that those chairing misconduct hearings had the appropriate knowledge and skills and were removed from any actual or perceived conflict of interest in the case. I fear that the change in the make-up of the panel threatens public confidence in the transparency and independence of the proceedings.
For example, a police chief or a police and crime commissioner might be required to make a statement immediately following a police incident, something we regularly see on our television screens and read about in the media. After that, the officers involved could be subject to a disciplinary hearing. How could that police chief then chair the panel objectively? There would be a clear conflict of interest.
The Bill creates the right of a chief constable to appeal against a decision made by a misconduct hearing panel. The rationale for that is that police chiefs should
have a right to determine whom they employ in their forces. On one level I completely understand that, and, as I say, all power to the elbow of Mark Rowley in wanting to get rid of bad officers in his employment. However, it adds another layer of proceedings—another potentially lengthy and resource-draining element.
Policing is not a regulated profession, which is extraordinary when we think of comparable professions. As the IOPC points out in its response to the Home Office’s review of the process of police officer dismissals,
“Police disciplinary proceedings have their origin in the employer-employee relationship between a constable and their chief officer. However, that relationship has been overlaid incrementally by a statutory regime intended to promote public confidence. As has been noted in various legal judgements, the legislative regime that has resulted is very complicated.”
In regulated professions, the professional body deals with the public interest in fitness to practise issues, which means striking off people from the professional register when that is appropriate, while employers deal with breaches of the contract of employment, which means dismissal or some lesser sanctions. In the absence of a fitness to practise model in the police, a neat solution would be to separate findings relating to misconduct from the sanctioning element. A panel—chaired, I suggest, by an independent member—could find an officer guilty of misconduct and make a recommendation regarding an appropriate sanction, but the police chief would then make the decision to retain or sack that officer on the basis of the independent findings.
We all know that confidence in policing is the foundation of our system and that policing by consent is something we should prize. It is essential for my constituents in Hackney and for people up and down this country that we take concrete steps to address the problems and fix the long-standing systemic issues. I think there is an opportunity to do that in policing. I can see why the police will have lobbied the Government to have the right to chair misconduct proceedings, but I think there is a way of resolving that and keeping the independent oversight while giving police chiefs the right to sack people who have done the wrong thing.
I also want to touch on something I mentioned in an intervention on my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) in relation to shoplifting. Shoplifting has increased 25% in the last 12 months alone, with offences under £200 rarely being enforced. I recently visited the Gainsborough Co-op in Shoreditch to talk to the staff there, and I thank them for hosting me. I have also spoken to the trade union USDAW. It was interesting and sobering to talk to the member of staff at the Co-op who is responsible for collecting the information about shoplifting across the Co-op group. A lot of evidence is collected. We have heard examples of people going in and sweeping up food, with the same person often making several visits a day; they know when the security guard is on a break and go in then. They case the joint and steal repetitively. They are also increasingly aggressive, and staff tell me that they now go behind the tills more often.
The staff now wear cameras to try to record video evidence. They collect video evidence and they collect evidence from staff, who have to take time out of their duties to report it. They tell me that they are assiduous in doing that because they see the importance of trying to tackle the issue. The Co-op then pulls together that
data—USDAW tells me that it is the same for other stores—and presents it to the police en masse to try to get a conviction, yet so little is taken up. A police officer will not necessarily attend an individual incident. I understand the pressures on the police in my borough, where there are lots of things going on. There always has to be a priority, but shoplifting is so often down the list of priorities that it is a real tragedy for those working in those shops.