Clause 34 - Conduct of disciplinary proceedings
Police Reform Bill [Lords]
6:00 pm
Mr John Denham (Minister of State (Police, Courts and Drugs), Home Office; Southampton, Itchen, Labour)
Let me deal with those three points in talking about the clause as a whole. Obviously, getting right the handling of disciplinary proceedings is a vital element in ensuring that the public have confidence in the police and the police complaints procedure. That is why the clause extends the Secretary of State's regulation-making powers. One effect of the regulations will be to give the IPCC a more active role in disciplinary proceedings, which relates to the hon. Gentleman's second point.
The complainant and the general public must be confident that evidence at a hearing will be presented fully and robustly. We have sought to address the concern that has arisen in the past that a case might not be presented robustly, particularly at an internal disciplinary hearing such as may currently follow a recommendation from the Police Complaints Authority. In particular, concerns might arise in future on occasions when the IPCC has already had to direct the appropriate authority to bring certain disciplinary proceedings against an officer because it had not previously agreed to do so. In those circumstances, it might be appropriate for the IPCC to attend and, if necessary, present the case itself or instruct counsel to ensure that the case against the officer is presented robustly.
I understand the issue raised by the hon. Gentleman, but it is necessary to maintain public confidence in the system as a whole. The clause allows regulations to be made that will have a significant role in achieving that. They will also update the procedures regarding persons who can attend disciplinary proceedings.
To take the hon. Gentleman's third point, it is not part of our intention that the provision should be an open door to any lobby or interest group that comes along and says that it wants to be part of the process, but we think that up to three supporters of the complainant should be able to attend disciplinary hearings. The presiding officer may decide in special circumstances that more can attend the hearing, and will of course be expected to be even-handed in the treatment of the officer facing the charge.
I shall mention a point not raised by the hon. Gentleman. In order to meet a recommendation from the Select Committee on Home Affairs, the clause enables regulations to provide for inferences to be drawn from failure on the part of a charged officer to mention any relevant facts. That will bring the police conduct regulations in line with those in criminal proceedings, to which a change was made after the passing of the Criminal Justice and Public Order Act 1994.
The hon. Gentleman's first issue was whether there should be a possibility of public access or public disciplinary hearings. He invited me to rule that out, but I regret to say that—as I think the Police Federation of England and Wales is aware—I cannot do that in the absolute terms that he asks for. I understand the point that he makes about media reporting. There are other types of hearing that can be harmful to a person's reputation, such as those of the General Medical Council, with which I am familiar from my previous position as a Health Minister.
The fact that someone is cleared on the seventh day does not usually get the same prominence in the press as the evidence dragged up in the first six. We all understand the strength of the hon. Gentleman's point and the concerns that have been expressed by the Police Federation. However, we have had extensive consultation on the issue.
There are strong feelings on both sides. On the one hand, there is an argument for openness and the importance of having some access to the disciplinary hearings in order to maintain public confidence that issues have been properly pursued. On the other hand, there is the matter of police confidence in the system. There is also the argument that the hon. Gentleman put so well, which is that the public should not be admitted to what is essentially a management exercise. Of course, it must be remembered that three quarters of disciplinary hearings are not the result of public complaint in any case.
Taking into account all those arguments and the need to maintain public confidence, it is our view that, in certain exceptional cases, the option of a public hearing should be available. We would not want to make that routine practice, but there are certain circumstances in which, for a variety of reasons, there is a case for allowing public access in order to show that a matter has been fully and properly pursued. We intend the regulations to cover those exceptional cases. That is not the answer that the hon. Gentleman invited me to give, but I hope that I have at least given him a clear and straightforward answer about what we intend to do and how the regulations would be framed.