Police Complaints and Discipline

Part of the debate – in the House of Commons at 3:31 pm on 23 March 1998.

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Photo of James Clappison James Clappison Shadow Spokesperson (Home Affairs) 3:31, 23 March 1998

I am grateful to the Home Secretary for letting me have a copy of his statement in advance. As I think he already knows, my right hon. Friend the Member for North-West Cambridgeshire (Sir B. Mawhinney), the shadow Home Secretary, is unable to be present because he is at a funeral.

Before making a number of detailed points, let me ask the Home Secretary whether he agrees that the overwhelming majority of our policemen and women are honest, decent and brave, and that they are as anxious as anyone for the small minority whose conduct falls below the required standard to be dealt with effectively.

Is the Home Secretary satisfied that the new arrangements following the change from a criminal to a civil standard of proof in disciplinary cases will contain sufficient safeguards to protect honest and decent police officers from unfounded and malicious complaints? In particular, is he satisfied that there will be sufficient safeguards in cases in which serious allegations have been made, and in which serious sanctions could follow? Will the same standard of proof—which is now to be the civil standard—apply in both the less serious and the more serious types of case? What will the position be in cases that could lead to criminal charges?

The Home Secretary has said that he is alive to the risk that some officers might be less likely to tackle criminal behaviour through anxiety as a result of the changes that he has announced today. Will the research into attitudes to which he referred take full account of that, and will that research be wide-ranging and cover each of the 43 police forces? Does the Home Secretary accept that there is a difference between criminal behaviour on the part of an officer and inadequacy on the part of an officer in the face of a particular situation, and does he agree that the disciplinary procedure should reflect that? On the fast-track procedures, will regard be given in future to the need not to prejudice a criminal trial when such procedures are operating? There is also the question of retirement on ill-health grounds before disciplinary proceedings. Will it be possible for disciplinary hearings to be held under existing arrangements when an officer cannot be present as a result of ill health?

If hearings can be held under existing arrangements, will the Home Secretary tell us exactly what changes he is proposing? Will he also say whether any of the measures that he proposes will have an effect on police officers' own pension contributions? Will he tell us what will be the remit of the feasibility study for an independent complaints process, and whether its report will be published? Finally, does the Home Secretary agree that, in seeking to deal with corrupt and bad police officers, we should never lose sight of the need to protect good and honest police officers, who form the vast majority?