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My Lords, I declare my interest as a former general secretary to the Independent Schools Council, and the current president of the Independent Schools Association, one of the council’s constituent bodies whose 670 member schools make up a substantial proportion of the council’s total of 1,400 schools.
From that declaration stems...
My Lords, I declare my interest as a former general secretary to the Independent Schools Council, and the current president of the Independent Schools Association, one of the council’s constituent bodies whose 670 member schools make up a substantial proportion of the council’s total of 1,400 schools.
From that declaration stems...
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 22 May (HL Deb cols 599–602), when the misconduct case against Mr Mike Veale is expected to conclude.
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 22 May (HL Deb cols 599–602), when the misconduct case against Mr Mike Veale is expected to conclude.
Arrangements concerning the establishment of Mike Veale’s misconduct hearing are a matter for the Cleveland PCC, and the management of the hearing itself is the responsibility of the appointed independent Legally Qualified Chair (LQC).
Whilst the Government is aware that Mr Veale has been referred to a hearing, misconduct proceedings are rightfully conducted independently of Government, meaning we do not hold information including any determined timescales for holding or concluding a specific misconduct hearing.
My Lords, how can it possibly be right for former Chief Constable Mike Veale to have been able to dodge a gross misconduct inquiry in Cleveland for almost two years, while tarnished officers of lesser rank have been brought to account? May I remind the House that arrangements for the Veale hearing in Cleveland were the sole responsibility of a legally qualified chair, whose name is unknown, even though the law does not permit this individual to remain anonymous. What does that say about public accountability of the police in Cleveland? Finally, when I met my noble friend the Minister and Mr Chris Philp, the Policing Minister, recently—I thank them for that meeting—I made it clear that, unless the mysterious chair has now fixed a date for the start of the hearing, I would call on the Government today to use their reserve powers under Sections 79 and 91 of the Police Reform and Social Responsibility Act 2011 to end the impasse. Is it not time that this matter was finally resolved?
My Lords, how can it possibly be right for former Chief Constable Mike Veale to have been able to dodge a gross misconduct inquiry in Cleveland for almost two years, while tarnished officers of lesser rank have been brought to account? May I remind the House that arrangements for the Veale hearing in Cleveland were the sole responsibility of a legally qualified chair, whose name is unknown, even though the law does not permit this individual to remain anonymous. What does that say about public accountability of the police in Cleveland? Finally, when I met my noble friend the Minister and Mr Chris Philp, the Policing Minister, recently—I thank them for that meeting—I made it clear that, unless the mysterious chair has now fixed a date for the start of the hearing, I would call on the Government today to use their reserve powers under Sections 79 and 91 of the Police Reform and Social Responsibility Act 2011 to end the impasse. Is it not time that this matter was finally resolved?
My Lords, the law is not being flouted. Arrangements for the misconduct hearing of the former Cleveland chief constable Mike Veale are a matter for the Cleveland PCC and not the Government. Any questions regarding who has been appointed as the independent, legally qualified chair would need to be directed to the PCC accordingly. As noble Lords will expect me to say, I will not comment further on that particular case. However, in answer to the second part of my noble friend’s question, I can say that operational policing is, as he knows, not a Home Office matter—it is for chief constables—but he is correct that the Home Secretary has powers under the Police Reform and Social Responsibility Act 2011 to ensure an efficient and effective policing system that protects public safety. That includes the power under Sections 40 and 40A of the Police Act 1996. However, these are for use only when either the police force or the local policing body itself is failing or will fail to discharge its functions in an effective manner. They are very much a last resort, and we do not believe that the current situation in Cleveland requires these powers to be used, as the PCC has appointed an LQC to the panel for Mr Veale’s misconduct hearing.
To ask His Majesty’s Government how many former chief constables are awaiting police gross misconduct hearings.
To ask His Majesty’s Government how many former chief constables are awaiting police gross misconduct hearings.
My Lords, since 2020-21, the Home Office has substantially increased the data that it collects and publishes on police misconduct as part of the police misconduct in England and Wales statistical bulletin. It is working closely with the sector to improve the overall quality and consistency of the data that it collects. This does not include cases which have been referred to misconduct proceedings where those proceedings have not concluded.
To ask His Majesty's Government, further to the Written Answers by Lord Sharpe of Epsom on 22 February (HL5554) where he stated that “there are no provisions in legislation which entitle legally qualified chairs to remain anonymous” and 4 April (HL6681) where he stated that “Any decision concerning publication of...
To ask His Majesty's Government, further to the Written Answers by Lord Sharpe of Epsom on 22 February (HL5554) where he stated that “there are no provisions in legislation which entitle legally qualified chairs to remain anonymous” and 4 April (HL6681) where he stated that “Any decision concerning publication of...
Decisions concerning the publication of a Legally Qualified Chair’s (LQC) name are a matter for the relevant Police and Crime Commissioner (PCC). These decisions are made independently of Government.
The Government has not held any specific conversations with PCCs regarding these decisions.
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 20 March (HL Deb col 1532) where he stated "I am delighted to say that Cleveland is starting to make serious progress on the engagement front", how that progress is being made; and what have been the...
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 20 March (HL Deb col 1532) where he stated "I am delighted to say that Cleveland is starting to make serious progress on the engagement front", how that progress is being made; and what have been the...
The Home Office collects and publishes data on police misconduct cases finalised during a financial year period in the ‘Police misconduct, England and Wales’ statistical bulletin. It does not therefore include cases which have been referred to misconduct proceedings, where those proceedings have not yet concluded.
The Government is unable to comment on on-going misconduct proceedings, which are rightly conducted independently of government. There are therefore no plans to provide briefing on this or any specific misconduct hearing, nor is the Government able to provide any details relating to legally qualified chairs (LQC), who are appointed to both their role and individual panels by Police and Crime Commissioners (PCCs). Any decision concerning publication of an LQC’s name is a matter for the relevant PCC
Cleveland’s most recent Police Efficiency, Effectiveness and Legitimacy report, published by His Majesty’s Inspectorate for Constabulary and Fire & Rescue Services (HMICFRS), showed positive improvement in a number of key areas, including its crime recording and treatment of the public. However, it still has further to go to meet acceptable performance standards in respect of preventing crime and understanding and addressing its demand. As such HMICFRS have confirmed it will continue to be engaged. It remains PCC Turner’s responsibility to ensure that Chief Constable Webster takes effective action to address the inspectorate’s recommendations. We will continue to take a close interest in the force’s progress as a member of the HMICFRS-chaired Police Performance Oversight Group.
To ask His Majesty's Government how many police misconduct proceedings in England and Wales have not been started 18 months after their announcement.
To ask His Majesty's Government how many police misconduct proceedings in England and Wales have not been started 18 months after their announcement.
The Home Office collects and publishes data on police misconduct cases finalised during a financial year period in the ‘Police misconduct, England and Wales’ statistical bulletin. It does not therefore include cases which have been referred to misconduct proceedings, where those proceedings have not yet concluded.
The Government is unable to comment on on-going misconduct proceedings, which are rightly conducted independently of government. There are therefore no plans to provide briefing on this or any specific misconduct hearing, nor is the Government able to provide any details relating to legally qualified chairs (LQC), who are appointed to both their role and individual panels by Police and Crime Commissioners (PCCs). Any decision concerning publication of an LQC’s name is a matter for the relevant PCC
Cleveland’s most recent Police Efficiency, Effectiveness and Legitimacy report, published by His Majesty’s Inspectorate for Constabulary and Fire & Rescue Services (HMICFRS), showed positive improvement in a number of key areas, including its crime recording and treatment of the public. However, it still has further to go to meet acceptable performance standards in respect of preventing crime and understanding and addressing its demand. As such HMICFRS have confirmed it will continue to be engaged. It remains PCC Turner’s responsibility to ensure that Chief Constable Webster takes effective action to address the inspectorate’s recommendations. We will continue to take a close interest in the force’s progress as a member of the HMICFRS-chaired Police Performance Oversight Group.
To ask His Majesty's Government, further to (1) the Written Answer by Lord Sharpe of Epsom on 22 February (HL5554) where he stated that "there are no provisions in legislation which entitle legally qualified chairs to remain anonymous”, and (2) the remarks by Lord Sharpe of Epsom on 20 March (HL Deb col...
To ask His Majesty's Government, further to (1) the Written Answer by Lord Sharpe of Epsom on 22 February (HL5554) where he stated that "there are no provisions in legislation which entitle legally qualified chairs to remain anonymous”, and (2) the remarks by Lord Sharpe of Epsom on 20 March (HL Deb col...
The Home Office collects and publishes data on police misconduct cases finalised during a financial year period in the ‘Police misconduct, England and Wales’ statistical bulletin. It does not therefore include cases which have been referred to misconduct proceedings, where those proceedings have not yet concluded.
The Government is unable to comment on on-going misconduct proceedings, which are rightly conducted independently of government. There are therefore no plans to provide briefing on this or any specific misconduct hearing, nor is the Government able to provide any details relating to legally qualified chairs (LQC), who are appointed to both their role and individual panels by Police and Crime Commissioners (PCCs). Any decision concerning publication of an LQC’s name is a matter for the relevant PCC
Cleveland’s most recent Police Efficiency, Effectiveness and Legitimacy report, published by His Majesty’s Inspectorate for Constabulary and Fire & Rescue Services (HMICFRS), showed positive improvement in a number of key areas, including its crime recording and treatment of the public. However, it still has further to go to meet acceptable performance standards in respect of preventing crime and understanding and addressing its demand. As such HMICFRS have confirmed it will continue to be engaged. It remains PCC Turner’s responsibility to ensure that Chief Constable Webster takes effective action to address the inspectorate’s recommendations. We will continue to take a close interest in the force’s progress as a member of the HMICFRS-chaired Police Performance Oversight Group.
To ask His Majesty's Government, what plans they have to provide a briefing to Privy Counsellors in respect of the police gross misconduct hearing pending in Cleveland.
To ask His Majesty's Government, what plans they have to provide a briefing to Privy Counsellors in respect of the police gross misconduct hearing pending in Cleveland.
The Home Office collects and publishes data on police misconduct cases finalised during a financial year period in the ‘Police misconduct, England and Wales’ statistical bulletin. It does not therefore include cases which have been referred to misconduct proceedings, where those proceedings have not yet concluded.
The Government is unable to comment on on-going misconduct proceedings, which are rightly conducted independently of government. There are therefore no plans to provide briefing on this or any specific misconduct hearing, nor is the Government able to provide any details relating to legally qualified chairs (LQC), who are appointed to both their role and individual panels by Police and Crime Commissioners (PCCs). Any decision concerning publication of an LQC’s name is a matter for the relevant PCC
Cleveland’s most recent Police Efficiency, Effectiveness and Legitimacy report, published by His Majesty’s Inspectorate for Constabulary and Fire & Rescue Services (HMICFRS), showed positive improvement in a number of key areas, including its crime recording and treatment of the public. However, it still has further to go to meet acceptable performance standards in respect of preventing crime and understanding and addressing its demand. As such HMICFRS have confirmed it will continue to be engaged. It remains PCC Turner’s responsibility to ensure that Chief Constable Webster takes effective action to address the inspectorate’s recommendations. We will continue to take a close interest in the force’s progress as a member of the HMICFRS-chaired Police Performance Oversight Group.
My Lords, the noble Lord, Lord Bach, has done us a great service in bringing this subject forward for debate and introducing the debate so thoroughly, drawing on his own, if I may say so, impressive experience as a police and crime commissioner.
It would be hard to overestimate the importance...
My Lords, the noble Lord, Lord Bach, has done us a great service in bringing this subject forward for debate and introducing the debate so thoroughly, drawing on his own, if I may say so, impressive experience as a police and crime commissioner.
It would be hard to overestimate the importance...
Could my noble friend comment as to whether a chair has actually been appointed in Cleveland? If an appointment has been made then, as the Written Answer sent to me yesterday clearly states, the name must be made public. The only way in which the Cleveland police and crime commissioner...
Could my noble friend comment as to whether a chair has actually been appointed in Cleveland? If an appointment has been made then, as the Written Answer sent to me yesterday clearly states, the name must be made public. The only way in which the Cleveland police and crime commissioner...
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 6 February (HL Deb col 961), in what circumstances legally qualified chairs in police misconduct cases are entitled to remain anonymous.
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 6 February (HL Deb col 961), in what circumstances legally qualified chairs in police misconduct cases are entitled to remain anonymous.
There are no provisions in legislation which entitle legally qualified chairs of police misconduct hearings to remain anonymous. Identification of an individual Chair would be a matter for the relevant Office for Police and Crime Commissioner (OPCC), as the body which appoints Chairs to the panel
Since 2015, there has been a presumption that all misconduct hearings are held in public
On completion of the hearing, the legally qualified chair must, subject to the harm test, require the police force to publish the panel’s outcome report for that hearing, for a period of at least 28 days.
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 6 February (HL Deb col 961), what representations they have made to the Cleveland Police and Crime Commissioner, if any, regarding expediting the gross misconduct hearing proceedings for Mr Mike Veale through the use of statutory powers...
To ask His Majesty's Government, further to the remarks by Lord Sharpe of Epsom on 6 February (HL Deb col 961), what representations they have made to the Cleveland Police and Crime Commissioner, if any, regarding expediting the gross misconduct hearing proceedings for Mr Mike Veale through the use of statutory powers...
Arrangements concerning the establishment of misconduct hearings are a matter for Police and Crime Commissioners (PCC), and the management of the hearing itself is the responsibility of the independent Legally Qualified Chair (LQC) in charge of it. Decisions made concerning a hearing are done so independently of PCCs as well as Government and the Home Secretary has no powers to make directions in relation to those hearings. Given the independence of PCCs and LQCs, it would be inappropriate for the Government to seek to influence those decisions.
My Lords, is it not astonishing and deeply disturbing that in Cleveland, a legally qualified chair whose name is unknown to the public is holding up a gross misconduct hearing, announced in August 2021, at which Mike Veale, the discredited policeman who besmirched the reputation of Sir Edward Heath, will finally be called to account? When asked about this, Ministers say that an anonymous chair may delay proceedings when it is in the interests of justice to do so. They also say that it would be inappropriate to comment further since proceedings are ongoing. Proceedings are not ongoing—they have not even started. How can it possibly be in the interests of justice to delay indefinitely this hearing while giving no explanation at all as to the reasons? The Home Office will surely have made full inquiries about this matter since I have raised it several times. What does my noble friend have to say about the extraordinary state of affairs in Cleveland?
My Lords, is it not astonishing and deeply disturbing that in Cleveland, a legally qualified chair whose name is unknown to the public is holding up a gross misconduct hearing, announced in August 2021, at which Mike Veale, the discredited policeman who besmirched the reputation of Sir Edward Heath, will finally be called to account? When asked about this, Ministers say that an anonymous chair may delay proceedings when it is in the interests of justice to do so. They also say that it would be inappropriate to comment further since proceedings are ongoing. Proceedings are not ongoing—they have not even started. How can it possibly be in the interests of justice to delay indefinitely this hearing while giving no explanation at all as to the reasons? The Home Office will surely have made full inquiries about this matter since I have raised it several times. What does my noble friend have to say about the extraordinary state of affairs in Cleveland?
My Lords, I am afraid that I will have to go over old ground. The arrangements for the misconduct hearing of the former chief constable Mike Veale are a matter for the Cleveland police and crime commissioner, and the management of the hearing itself is the responsibility of the independent
legally qualified chair appointed to it. My noble friend is right that legally qualified chairs must commence a hearing within 100 days of an officer being provided with a notice referring them to proceedings, but this period may be extended when a legally qualified chair considers that it is in the interests of justice to do so. I am afraid that I will have to repeat the old mantra that it would be inappropriate to comment further while these proceedings remain ongoing.
To ask His Majesty’s Government what assessment they have made of the work of legally qualified chairs in police misconduct cases.
To ask His Majesty’s Government what assessment they have made of the work of legally qualified chairs in police misconduct cases.
My Lords, the Government have launched a review into the process of police officer dismissals to ensure that the system is fair and effective and removes those who are not fit to serve. This will include an assessment of the composition of misconduct panels, including the impact of the role of legally qualified chairs.
To ask His Majesty's Government what discussions they have had with the Independent Office for Police Conduct about the timing for the publication of the report on Mr Mike Veale, which was completed in February 2021; and whether they received any indication on when it will be published.
To ask His Majesty's Government what discussions they have had with the Independent Office for Police Conduct about the timing for the publication of the report on Mr Mike Veale, which was completed in February 2021; and whether they received any indication on when it will be published.
The Independent Office for Police Conduct (IOPC) is independent of government and publication of investigation reports is a matter for the IOPC in accordance with its policy on the subject,
To ask His Majesty's Government whether individuals awaiting the outcome of gross misconduct hearings conducted by the Independent Office for Police Conduct are eligible for appointment to roles (1) in the police service, or (2) in the offices of Police and Crime Commissioners.
To ask His Majesty's Government whether individuals awaiting the outcome of gross misconduct hearings conducted by the Independent Office for Police Conduct are eligible for appointment to roles (1) in the police service, or (2) in the offices of Police and Crime Commissioners.
Existing officers who apply to change roles or transfer to another force will be subject to relevant vetting checks. Police forces carry out their vetting in line with the statutory code of practice on vetting and vetting authorised professional practice (APP) guidance which are issued by the College of Policing.
The guidance states that professional standards checks, which includes complaint and misconduct history, should be carried out on applicants and transferees. It also states that where an individual is subject to a complaint or conduct investigation that is not yet complete, they should not be allowed to transfer without the permission of the appropriate authority of the parent force and Head of PSD of the receiving force. Decisions on appointment in the police service are made by chief officers.
Decisions on appointment in the offices of Police and Crime Commissioners (PCCs) are made by PCCs as the directly elected, local representatives for policing.”
To ask His Majesty’s Government what plans they have to introduce legislation to prevent police officers facing serious misconduct proceedings being appointed to senior posts in the offices of Police and Crime Commissioners.
To ask His Majesty’s Government what plans they have to introduce legislation to prevent police officers facing serious misconduct proceedings being appointed to senior posts in the offices of Police and Crime Commissioners.
My Lords, police and crime commissioners are required by legislation to seek the views of their police and crime panel when appointing to senior positions in their office. The ultimate decision on appointment lies with the PCC as the directly elected local representative for policing. Former police officers or police staff members who have been dismissed and placed on the barred list are prevented from being employed or appointed by a PCC.
My Lords, what kind of system is it that permits a disgraced policeman awaiting a serious misconduct hearing to oversee the work of a police chief constable with an unspotted record? What kind of system is it that permits a police and crime commissioner to announce a serious misconduct hearing and then delay it indefinitely, even though the law requires it to start within 100 days, saying recently, and utterly bizarrely:
“It is complicated, it is interwoven with other things and there is order of things I cannot supersede”?
Is not a system that permits all this a gravely defective system? Is it not scandalous that the Government have done nothing to fix the defects, despite repeated calls from across the House, with the Home Secretary even refusing to discuss these matters with a small cross-party group?
My Lords, what kind of system is it that permits a disgraced policeman awaiting a serious misconduct hearing to oversee the work of a police chief constable with an unspotted record? What kind of system is it that permits a police and crime commissioner to announce a serious misconduct hearing and then delay it indefinitely, even though the law requires it to start within 100 days, saying recently, and utterly bizarrely:
“It is complicated, it is interwoven with other things and there is order of things I cannot supersede”?
Is not a system that permits all this a gravely defective system? Is it not scandalous that the Government have done nothing to fix the defects, despite repeated calls from across the House, with the Home Secretary even refusing to discuss these matters with a small cross-party group?
My Lords, no, I do not believe that is the case. I will defend the system. On the second part of my noble friend’s question, arrangements concerning the establishment of a misconduct hearing are a matter for PCCs, and the management of the hearing itself is the responsibility of the independent legally qualified chairs. Legally qualified chairs must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider it in the interests of justice to do so. Decisions made within a hearing are done independently of PCCs as well as government. I think that answers the second part of my noble friend’s question.
To ask His Majesty's Government, further to the reply by Lord Sharpe of Epsom on 19 October (HL Deb, col 1087) that seven officers were suspended from the Metropolitan Police Service on 31 March, how that figure relates to the statement by the Commissioner of the Metropolitan Police on 18...
To ask His Majesty's Government, further to the reply by Lord Sharpe of Epsom on 19 October (HL Deb, col 1087) that seven officers were suspended from the Metropolitan Police Service on 31 March, how that figure relates to the statement by the Commissioner of the Metropolitan Police on 18...
The Home Office publishes these data as part of the Police Workforce Statistics. They show that, as of 31 March 2022, there were 7 officers suspended by the Metropolitan Police Service.
In addition, they show that there were also 2,718 Metropolitan Police Service officers on restricted or adjusted duties. This includes those officers for whom reasonable adjustments had been made under the Equality Act 2010.
There are three categories to limited duties – recuperative, adjusted or management restricted. Adjusted duties are those where workplace adjustment have been made to overcome barriers to working and depend on the officer discharging a substantive police role, which can be accommodated without unreasonable detriment to overall force effectiveness or resilience. Management restricted duties are those put in place where there is verifiable confidential or source sensitive information that questions the suitability of an officer to continue in their post and/or there are serious concerns which require management actions for the protection of individuals and the organisation, but where criminal or misconduct procedures are not warranted and the Chief Constable has lost confidence in the office continuing in their current role.
The Home Office does not hold the data cited by the Commissioner and cannot therefore make a comparison.