To ask His Majesty’s Government what assessment they have made of the commitments made by the Commissioner of the Metropolitan Police on 18 November to tackle crime and misconduct within the Metropolitan Police.
My Lords, the Question which is the subject of this short debate refers to an important interview given by the new Metropolitan Police Commissioner, Sir Mark Rowley, to the Times on 18 November and published the following day. When Sir Mark took up his post in September, he promised to be “ruthless”—his word—in rooting out officers who have brought shame on a famous institution. In seven years’ time, the Metropolitan Police will reach its bicentenary. Nothing could be clearer than Sir Mark’s determination to restore its reputation as soon as possible. His sense of urgency is palpable. For that, he deserves the highest praise.
Sir Mark is entitled to expect the full and active support of the party which first assumed the name of Conservative in 1834 under Sir Robert Peel, who had founded the Metropolitan Police five years earlier. In 1827, as he prepared his great reform, Peel said:
“I can make a better arrangement after a searching inquiry and a thorough exposure of the defects of the present system.”
Sir Mark is saying much the same thing today, conveyed with particular vigour in his Times interview—and this Conservative Government should back him to the hilt.
After the exposure of defects must come the establishment of better arrangements. Peel’s vision must be recreated: a police force that is “civil and attentive”—his words—in all its dealings with the people it exists to serve. So many defects have now been exposed. Over the last few years, the Met has been engulfed by terrible revelations of racism, misogyny, misconduct and crime. A succession of reports has documented the recent scandals.
Further back, there were other appalling scandals, some documented in police reports that have remained secret, such as that on Operation Tiberius in 2002, which set out in detail what it described as “endemic police corruption” in north and east London. Other shocking cases, the subject of horrifying publicity, are seared for ever on our minds with their painful memories that will never die.
For me personally, Operation Midland remains a vivid enduring memory. Great public servants, Lord Bramall and Lord Brittan, were hounded remorselessly. In his thorough independent report, Sir Richard Henriques listed 43 major police blunders. Officers broke the law when they sought warrants to search the homes of suspects who were entirely innocent, yet not one police officer has been held to account. Not surprisingly, Sir Richard has made his dissatisfaction very clear.
That disastrous operation contributed to another grave injustice: the slurs placed on the reputation of Sir Edward Heath by the then chief constable of Wiltshire, Mike Veale, who fell for the same lies, peddled by a fantasist, that drove Operation Midland along its disastrous way—yet the Government dismiss the case for an independent inquiry into this injustice on the grounds that the internal police reviews which have taken place must suffice. They do not.
My Lords, I thank the noble Lord, Lord Lexden, for this short debate.
I welcome the Metropolitan Police Commissioner’s commitments to tackle crime and misconduct, but he is not the first commissioner to make such a commitment. Recommendations 55 to 59 of the report of the Stephen Lawrence inquiry, published in February 1999, focus on discipline and complaints against police officers. Recommendation 55 states:
“That the changes to Police Disciplinary and Complaints procedures proposed by the Home Secretary should be fully implemented and closely and publicly monitored as to their effectiveness.”
Is the commissioner making his commitment because this recommendation has not been implemented?
Chapter 2 of the Home Office guidance on police officer misconduct, unsatisfactory performance and attendance management procedures, published in June 2018, focuses on misconduct procedures. This guidance echoes Sir William Macpherson’s recommendations, especially to do with investigating complaints against police officers, so who is dropping the ball?
When a case of police officers committing crime becomes public, I have often heard that it is “a few bad apples”. In 2003 the BBC aired an undercover documentary, “The Secret Policeman”, filmed by investigative journalist Mark Daly. He joined Greater Manchester Police and spent several months undercover at the Bruche national training centre in Warrington, Cheshire, where he found that in his class of 18 there was only one person of Asian background and more than half the class held racist views.
My noble friend Lady Casey’s report states:
“This Review has reached a conclusion found in several research pieces that precede it—that the Met’s misconduct system has evidence of racial disparity. And as reported in previous studies, several reasons are cited for this, which were reflected in testimony from Black, Asian and Mixed Ethnicity officers and staff. This included the concern that raising issues relating to racism, or other discrimination and wrongdoing often led to being labelled a trouble maker, which then led to unfair disciplinary action.”
My Lords, I was brought up in the 1950s and taught by my parents that you could trust a policeman—if you ever needed help, you could go to a police officer and they would do what they could to help. However, that is just not possible any more, is it? I doubt many parents teach their children that particular trope.
I am not alone in my distrust. Trust in the police is extremely low, which is very concerning, and I am glad the new commissioner has picked up on that aspect. I do not doubt that he has a difficult job to do, as more and more reports come in of very poor decisions by officers, whether that is policing protests by arresting journalists, being in WhatsApp groups that show racism, homophobia and sexism or even state-sponsored crimes that officers have committed—when undercover, for example, especially the spy cops who infiltrated campaigns through abusive misogynistic relationships with women campaigners. That inquiry has been drawn out for many years, partly because the Met have not co-operated in releasing vital information. It has preferred to protect officers’ criminal actions.
The new commissioner has vowed to improve recruitment, conduct and discipline in the force. All those aspects are relevant. For example, the issues of police violence towards women, sexism and misogyny need dealing with urgently. Officers need training and supervision as well as punishments for infringements, and the Met needs support for whistleblowers. The behaviour of Wayne Couzens over a period of many years, which was accepted and joked about by other officers, is a dire warning of widespread bigotry and very disturbing conduct being allowed.
A senior officer asked me this week what areas of policing the police were getting right—and I could not reply. I could not think of one. It is entirely possible that the two units I massively supported when I was a member of the Metropolitan Police Authority during the 12 years of its existence, the traffic unit and the wildlife crime unit, are still doing a superb job. I trust that they are. They were both amazing and the public pretty much supported them.
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Lord Blair of Boughton (CB)
My Lords, I am most grateful to the noble Lord, Lord Lexden, and listened carefully to the issues he raised. I agree with every word he said. I declare that I have lectured extensively, especially in India, on anti-corruption measures.
I served for four years as the Met commissioner, from 2005 to 2008, and always have some fellow feeling for each new commissioner as they arrive. I was in conversation with the noble Lord, Lord Grade, recently as the previous PM got herself into ever deeper trouble. He remarked that the most difficult jobs in British public life were those of the Prime Minister, the director-general of the BBC and the Met commissioner—and not always in that order. I should tell the House that in preparation for this debate I have spoken to Sir Mark Rowley. I speak with his assistance but not for him.
I cannot remember a commissioner coming into office in such inauspicious circumstances. He will need all the help that legislators can give to him. The dreadful murder of Sarah Everard by a serving Met officer has thrown up failures of vetting and intelligence but, above all, the new importance of social media, which allows individuals—apparently in a number of professions—to say disgusting things in private association which they would never dare say in a public arena. This is a really significant departure from even the recent past. Mark Rowley chooses to term this sort of behaviour as a corruption of the profession of policing, and I accept that. Police corruption, however, is not a question of occasional bad apples but a continuous threat.
Lord Condon, now retired from the House, commented that the Met was the cleanest big-city force in the world. Maybe, but police corruption never goes away. The first “trial of the detectives”, as it was known, involved Met officers in a horse-betting scandal in 1876. The Times inquiry of 1969 revealed the existence of networked corruption in the Met CID, encapsulated in the famous phrase, “I am a member of a little firm within a firm”. As the noble Lord, Lord Lexden, said, three years later Robert Mark embarked on a ruthless purge as soon as he was appointed. Hundreds of officers were sacked; many, including some senior officers, were jailed.
The noble Lord, Lord Stevens of Kirkwhelpington, followed Robert Mark’s example, as did I in the early 2000s, including with the creation of an entirely secret investigation unit. Corruption mutates: when I left office, the networked corruption had been broken but the sale of computerised information by individuals was beginning to become a threat. It needs ruthless attention; it needs to be a feature of career aspiration to be in an anti-corruption unit, and that task is not easy. One of the cases I took as an investigator to the Old Bailey, where we had arrested the briber as well as the receiver, had four juries dismissed and the case was opened five times. It needs leadership from the very top, which includes reassuring the vast proportion of decent officers that their honesty and professionalism is understood and valued.
My Lords, it is an absolute pleasure to follow the noble Lord, Lord Blair of Boughton—the noble and ever-civil Lord, I say, because I think we should search for an adjective for senior retired police officers who come to this House. It is rather unfair that they do not have an adjective in the way that some senior lawyers and military people do. We have sparred many times over the years, but I think always from a shared position of support for the rule of law. When we have disagreed, we have done so well.
It is always an absolute honour to speak in a debate with my noble friend Lady Lawrence, who is, in my humble opinion, the greatest race equality campaigner in British history.
In the remaining three minutes, I will give two thoughts. I have one for the Minister that I will keep short, because I fear that I have made his ears bleed too much of late—there is supposed to be some kind of law against that sort of thing. I also have one short thought for the noble Lord, Lord Lexden.
To the Minister, I say: we both agree that operational independence is totally essential for the police service, but, in my view, it does not remotely interfere with the operational independence of the police service to have a clear and improved legislative framework to aid with this disciplinary problem. A police discipline Bill is now required to aid the new Commissioner of Police for the Metropolis and other chief constables—I really believe that, and I am not someone who urges for unnecessary legislation. Governments of both persuasions are very quick and eager to legislate for police powers and then to blame the police when those overbroad powers lead to unintended and arbitrary consequences. The other side of that deal is surely that the Government should legislate appropriately for police discipline.
My short thought for the noble Lord, Lord Lexden, is simply that I thank him. I thank him for constantly reminding me in this place that support for the rule of law, properly constrained police powers and a proper holding to account of the sacred trust that we put in the police service are truly bipartisan matters in a constitutional democracy. We may sit on opposite sides of this Chamber, but he really has my undying solidarity, admiration and respect.
My Lords, I first thank my noble friend Lord Lexden for initiating this debate. There is no dispute that there have been deep cultural issues in the Metropolitan Police and the existing disciplinary regime is not working effectively. Essential as it is to cure the flawed disciplinary system, that is not enough. Something serious has gone wrong beforehand, otherwise a disciplinary process would not be necessary.
I have spent the last 12 years advising major companies that have found themselves under investigation by the SFO and often the DOJ in Washington. Most of these companies have had tight rules and procedures in place, an effective training regime and a strong disciplinary system—yet issues have arisen, resulting in external investigation. To a large extent, the Met is in the same position, and it could learn a lesson from how the commercial world has sought to clean up its act.
The following is essential. First, the tone from the top is key. Whoever is in charge must demonstrate to everyone in the organisation, not just by words but by actions, that only acceptable behaviour and conduct will be tolerated. Sir Mark Rowley’s commitments are a serious demonstration of what is needed and, hopefully, that will be a wake-up call to everyone in the Met. That message from the top has to run through the whole organisation so that every officer, of whatever rank, is on message and, again, shows by their words and actions that only acceptable behaviour will be tolerated.
While conventional training is essential, I fear that some believe that simply attending a lecture course means that the job is done and training is complete, and they can move on to something else. I am afraid that is a fallacy. One has to win over the hearts and minds of everyone in the organisation. It is not simply a matter of following rules; the goal is to reach a point where everyone instinctively does the right thing. Those who cannot have no place in the police force.
My Lords, it is a pleasure to follow the noble Lord, Lord Gold, and I thank him for sharing his experience with us. Like others, I want to take the opportunity to thank the noble Lord, Lord Lexden, for securing this important debate. These issues affect millions of people’s lives every day. I commend him also for in a short time—10 minutes—making a compelling case for action now. In a sense, the rest of us are just corroborating witnesses to his introduction.
The thread that links together the concerns we have heard is accountability and it takes many forms: the accountability of those guilty of misconduct, of senior officers, including the Commissioner, to the Mayor of London and to the Home Secretary, and of all police officers to the public they serve. Surveys reveal that public confidence in the police has been in a downward trend from 2017.
Today, I want like others to focus on the accountability that the Government face for political decisions that may have exacerbated, and in some cases have exacerbated, the difficulties faced in holding to account officers guilty of misconduct and, much more importantly, ensuring that those likely to commit offences are debarred from joining the police force in the first place.
A key principle of good government is consistency. The last decade of Conservative Government—first in coalition and then straightforwardly—has seen an approach wildly at variance with that principle. Police numbers have been slashed: 23,500 police were cut because of the political decision to pursue austerity-related measures, only to be followed immediately by two years of equally grave announcements of the urgent necessity to increase police numbers back to the level at which they existed in 2010.
In the year to March 2022, we saw the hurried recruitment of over 12,000 new police staff, on top of a record increase the previous year. That extraordinary staff churn not only compromised the institutional memory of police forces up and down the country but exacerbated already weak vetting and disciplinary processes, as well as appalling and systemic levels of misconduct and crime among serving officers.
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The National Black Police Association has noted on many occasions the revolving door of black officers because of the way they are treated by both their colleagues and their superiors.
The other issue is promotion. Recommendation 59 of the Stephen Lawrence inquiry states:
“That the Home Office review and monitor the system and standards of Police Services applied to the selection and promotion of officers of the rank of Inspector and above. Such procedures for selection and promotion to be monitored and assessed regularly.”
It is not because black officers are not being recruited; it is more to do with retention and promotion. Until the culture and environment in the Metropolitan Police support these officers, the revolving door will continue.
In conclusion, over the past three decades there have been reports into conduct and misconduct in the Metropolitan Police, such as the Scarman report in the 1980s, the Stephen Lawrence inquiry report in 1999, the Lammy review in 2017 and, this October, the report by the noble Baroness, Lady Casey. The issues are well noted in these reports and the November 2022 report by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services on An Inspection of Vetting, Misconduct, and Misogyny in the Police Service.
On behalf of every black person who has ever worked in the Metropolitan Police or trusted a police officer to do their work and treat them with respect and dignity, we would like to see Sir Mark Rowley’s commitment mean less rhetoric and more action.
The Government have a role here, of course; they cannot leave the police to do this on their own. Legislation has to be clear. I think one of the factors in the police losing public support in lockdown was the fact that the Government poured on laws, guidance and advice that often conflicted, and therefore the police were quite often left not knowing what the appropriate tool was to do their job. That really did not help. It created a lot of conflict between police and public.
I argue that the Public Order Bill is a good example of what the Government should not be doing. It has been drafted poorly. There are all sorts of weird gaps in it and some very confused terms which will not help the police to police protests. The Bill is designed to prevent protests and stifle dissent, most currently about the climate crisis, but we all know that emissions are not slowing. Scientists warn of a possible permanent collapse of our food and water supply, and of civilisation itself. Our Government are quelling the dissent not by acting and improving on the situation with things that would, in the long term, save massive amounts of public money; they are dealing with the symptom, which is people going out on the streets and saying, “This isn’t right”. The police are having to deal with problems caused by the Government and become distracted by the real crime committed by the Government themselves.
I believe that Sir Mark Rowley will provide that, but he needs some help. In a classic example of the road to hell being paved with good intentions, the current Government took away from chief officers the final decision as to whether an officer should be sacked, except in the most egregious and obvious of cases. Discipline proceedings are now presided over by legally qualified chairs, who seem to have a propensity to reprimand rather than dismiss, to the despair of Sir Mark. As Sir Mark has noted in a recent letter to all London MPs:
“This has led to instances of the Met being forced to retain officers whom we cannot deploy and we believe should not be police officers”.
That this needs to change is a central conclusion of the recent interim report by the noble Baroness, Lady Casey. This will need a reform to primary legislation.
In the same letter, Sir Mark also refers to the Police (Performance) Regulations 2020, which deal with officers who are not in any way criminal but who are just proving to be unsuited to the job. These regulations require three different stages of review and, consequently, three stages of appeal. In a telephone call with me, Sir Mark noted that this means that the numbers dismissed for not being competent are simply vanishingly small. He also noted that even failing vetting does not lead to reasonably instant dismissal. I hope that, in closing this debate, the Minister will acknowledge these issues and agree to bring them to the attention of the Home Secretary.
That requires everyone to understand the difference between right and wrong. There should be complete transparency so that issues are openly discussed and everyone feels able to question conduct and decisions that may have been taken, even by senior officers. Holding regular team meetings where officers are encouraged to speak of issues or experiences that they may have had is very worth while. This is essential to bring the conventional training to life. Using real-life examples for discussion of how difficult situations have been handled is invaluable.
At such meetings, all attending should be encouraged to come forward to express their views. Nothing should be left unsaid, even if difficult conversations follow. In the perfect society, officers should feel able to raise issues with their seniors in the hope that they will be dealt with sensitively and effectively. Being realistic, I know that in many organisations staff are nervous to speak to management for fear of retribution, and I am sure that this would be a risk at the Met. In the commercial organisations that I have worked with, ethics champions have been appointed at all levels to provide advice and guidance if difficult problems arise and to act as a link with senior management. Those champions are team members, properly trained to understand good compliance and trusted by colleagues who feel confident to raise issues with them, knowing that they will try to resolve the problem. As a failsafe, a whistleblower line should be in place so that those fearful of reporting incidents of bad behaviours to their seniors or even of speaking to an ethics officer have someone to report to. Typically, callers remain anonymous unless they choose otherwise.
Changing the culture in any organisation takes much effort by everyone, and the process takes years for real progress to be achieved. There have to be constant reminders to everyone that good behaviours are essential and that misconduct will not be tolerated. If the Met is to change, it has to start this process now.
This is not just a problem for the Met. The Conservative PCC for Bedfordshire described the vetting process as being “massively overwhelmed”. The chair of the National Police Chiefs’ Council said that the process is overwhelmingly manual and that it must become automated for it to be appropriate for modern procedures. The HMIC recommended that the system be made more coherent, with mandatory procedures put in place in all forces.
On 2 November, reporting on his investigation into vetting, Matt Parr revealed that, of the 725 files examined, in 131 the decision to grant clearance was at least “questionable”. He found successful applicants who had criminal records, had been suspected of serious crime and had family links to organised crime or substantial debt. He found serving officers who had attracted allegations of serious misconduct who had transferred to the Met from other police forces across the country. His report also revealed significant faults with misconduct investigations into serving officers, some of whom had gone through these inadequate vetting procedures. In a fifth of cases he examined, in a masterpiece of understatement, he described himself as “unimpressed” by their decision-making. In previous statements, the inspector criticised the promotions system in the police as “inconsistent”, “ineffective” and “unfair”.
Clearly, there are structural weaknesses throughout policing: a vetting system that is weak and inconsistent; a defective complaints system allowing a minority of serving officers, with impunity, to create a toxic work culture riddled with corruption, casual racism, homophobia, misogyny, prejudice and a lack of care and sensitivity towards victims of violence against women and girls; and a promotions system which is far from meritocratic.
There are many hard-working and principled officers who remain within the system—including Sir Mark Rowley, the focus of this debate, and others—and I hope the Government will give serious thought to how they can best aid them in improving the institutional resilience and culture of our police service nationwide.
Sadly, against this deeply distressing background, it came as no surprise when last month yet another independent report, the latest in a long succession, this one by the noble Baroness, Lady Casey, revealed long-established habits of wrongdoing and criminality among serving officers. Many, she concluded, ought to have been dismissed, yet only 13 of more than 1,800 Met officers who have faced multiple charges of misconduct since 2013 have actually been dismissed. That is a truly appalling statistic.
To his great credit, Sir Mark Rowley does not seek to set aside or diminish these grave problems. In his Times interview, he said:
“I’m just so, so angry about the decisions that have been made on some of these cases”.
He accepts that a large number of officers and staff should have been dismissed. He has stated explicitly that
“there must be hundreds of officers that shouldn’t be here, who should be thrown out. There must be hundreds undermining our integrity.”
Swift and drastic action is needed. It has been done before. In the late 1960s, Sir Robert Mark, who went on to become one of the greatest Commissioners of the Metropolitan Police, dealt with massive corruption in the force by dismissing 478 officers and prosecuting some 50 more, including some of high rank.
Conservatives are natural supporters of the police. They want to see the police praised, not criticised. It is a laudable sentiment, but if we want to praise them with conviction in London, we must give Sir Mark our full backing. He is making himself a determined reformer precisely because he wants to shed the corrupt minority so that the “heroic, determined” majority, to whom he referred in his Times interview, can regain the credit and respect they deserve. But he faces a great difficulty in dealing with the 3,500 officers who cannot serve the people of London fully, 500 of whom have been accused of serious misconduct.
The police’s disciplinary procedures are unduly complex and protracted. In his Times interview Sir Mark said:
“We can’t deal with a workforce where such a big proportion are not properly deployable. Many of these people … can’t work many hours in the day, or they can only have limited contact time with the public”.
Sir Mark has laid great stress on his need for stronger powers to bear down on criminals and other failures within the ranks. Of course, he wants above all to get rid officers guilty of serious misconduct. Will existing regulations be changed to assist him? He deserves a swift and decisive response from the Home Office. It seems that he is unlikely to get it. A review is under way to assess whether the regulatory framework for the disciplinary system should be changed.
A great department of state should be capable of reaching a prompt decision on such an urgent matter without a time-consuming review. Has the Home Office woken up to the scale of the crisis? Replying to me in October after the Casey review, my noble friend Lord Sharpe referred to the Met’s failures as “worrying”. Worrying? “Dire” and “catastrophic” would be more like it. My noble friend also told me that just seven officers had been suspended. How can that be squared with Sir Mark’s figure, given in his Times interview, of 500 officers on restricted duties or suspended because they have been accused of serious misconduct?
On 3 November 1829, the Duke of Wellington, who was then Prime Minister, wrote to Robert Peel and said:
“I congratulate you upon the entire success of the police in London”.
Would a Prime Minister be able to write in similar fashion in our times? Thanks to Sir Mark Rowley’s deep commitment to reform, there is hope—but the Home Office must also commit itself to decisive reform. In his Times interview, Sir Mark said we must be “bold”. Will the Home Office be bold too? We shall find out at the end of this short debate.