My Lords, unlike many who have contributed to this debate, I confess that I have no particular experience or expertise with regard to PCCs, chief constables or Mr Heath, but I want to take part, first because I am a great admirer of my noble friend Lord Armstrong. I want to support him in this debate and, like others, pay tribute to him for securing it and for so cogently and compellingly opening it. Secondly, I noticed that there were no other retired judges down to speak, so I wanted to add my name to the list of those who, absolutely rightly, have deeply regretted the failure—still to this day—to instigate an inquiry into Operation Conifer, which has so cruelly left a distinguished, long-deceased Prime Minister with his reputation and memory stained, and which plainly requires a full investigation now to vindicate the position.
This matter was last considered by the House on 1 March in a Question raised by the noble Lord, Lord Sherbourne. I confess to complete puzzlement as to where exactly the Minister’s response leaves the final responsibility for the continuing failure to hold this obviously desirable inquiry. The Minister, who, like others, I greatly admire, referred the House that day to a policing protocol issued by the Secretary of State under the 2011 Act that undoubtedly enables a PCC to commission an independent review into a police investigation to help the PCC hold a chief constable to account. She also referred to the police and crime panel, sometimes referred to as the police and crime commissioners. They, as I understand it, are elected councillors and independents who replaced the old police authorities. Their function, as I understand it, is to scrutinise a PCC’s actions and decisions. Have their powers been invoked in this context?
A further body mentioned on that occasion, not by the Minister, was the Chief Inspector of Constabulary—the noble Lord, Lord Blair, has returned to that today—and as I understand it he might well have powers and responsibilities in this field. Under the Police Reform Act 2002 the director-general of the Independent Office
for Police Conduct, which, I understand, replaces the old Police Complaints Authority, has a statutory duty to ensure that suitable arrangements are present to handle complaints against the police.
In short, one of the most troubling aspects of this case is that, despite the Home Office’s recognition of the compelling need for a public inquiry into this case and perhaps into other high-profile cases that raise closely related issues, no one seems able to nail the question as to where lies the primary responsibility for setting it up and still less how to enforce compliance with that responsibility. I for one shall not feel comfortable about the PCC’s role in the new overall policing landscape until this question is satisfactorily resolved.
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