West Midlands Police

With permission, I will make a statement on the decision to ban the travelling fans of Maccabi Tel Aviv from attending a game at Villa Park in November last year. The decision was taken by Birmingham city council, following the advice of the safety advisory group, which acted on a recommendation by West Midlands police.

The House will be familiar with much of the detail, not least as the Home Affairs Committee has applied itself to the matter with its customary forensic focus, but it is important to begin this statement by laying out the facts. On 8 October, at a meeting with a number of chief constables from across the country, I was informed that West Midlands police force was considering its options to ensure the game could be conducted safely. As the minutes of the meeting show, a ban on fans was one of the options under consideration.

Such policing decisions are subject to operational independence. Politicians cannot dictate how the police choose to manage risk, so although my Department sought information thereafter on what decision was to be taken, I did not seek to influence it. I did not because I could not while a range of options were still under consideration. All options remained on the table until a decision was eventually taken by the safety advisory group on 16 October. The decision taken that day to ban the travelling fans was clearly of considerable national and even international importance. Maccabi Tel Aviv fans who sought to travel to this country to enjoy a football match were told that they could not, because the game’s safety could not be guaranteed. This came, lest we ever forget, just two weeks after the most horrific antisemitic terrorist attack this country has ever known. On 16 October, the day the decision was taken, the Prime Minister and I both voiced our considerable concern, setting out our belief that the game should go ahead with all fans present.

The Government sought further information from West Midlands police and offered the resources required to ensure that the game could go ahead. A subsequent meeting of the safety advisory group was then arranged, on 24 October. At that moment, its chair requested

“a wholly fresh consideration of the issue”,

at which point the intelligence provided by West Midlands police hardened, and the recommendation to ban fans was upheld.

In the days that followed, it was clear to me that an external review of the decision was required, as well as a review of wider questions around safety advisory groups. On 31 October, I commissioned a rapid review by His Majesty’s inspector of constabulary and fire and rescue services, Sir Andy Cooke, and on 27 November, as the intelligence that the force provided was called into doubt, I asked him to look specifically at that issue.

Today, I have received Sir Andy’s interim report, and a copy has been placed in the Library of the House. Sir Andy’s findings are damning—there is no other way to describe them. The force, we now discover, conducted little engagement with the Jewish community, and none with the Jewish community in Birmingham, before a decision was taken. As Sir Andy says, it is no excuse to claim, as the force now does, that high holy days during the relevant time prevented engagement.

Most concerningly, Sir Andy describes, in the approach taken by West Midlands police, what he characterises as “confirmation bias”. This means that rather than following the evidence, the force sought only evidence to support their desired position, which was to ban the fans. This saw West Midlands police speaking to Dutch police following a game in which there had been fan violence, while failing to speak to police in other countries—Greece, Ukraine and Denmark—where Maccabi Tel Aviv had played more recently, and where things had gone more peacefully.

The West Midlands police engagement with the Dutch police is one of the most disquieting elements of Sir Andy’s report. The summary provided as evidence to the safety advisory group ahead of its crucial meeting on 24 October was inaccurate. Claims including those about the number of police officers deployed, the links between fans and the Israel Defence Forces, the targeting of Muslim communities, the mass tearing down of Palestinian flags, and attacks on police officers and taxi drivers were all either exaggerated or simply untrue.

In his report, Sir Andy is clear that the force’s validation of intelligence was a cause for “significant concern”, and that record keeping within the force was “poor”. He was “especially concerned” about the handling of sensitive information that should never have been shared without redaction. Sir Andy also points to a series of public statements from West Midlands police that we now know to have been misleading. He shows that the police overstated the threat posed by the Maccabi Tel Aviv fans, while understating the risk posed to Israeli fans if they travelled to the area. The term “misleading communications” also extends to the words of the chief constable himself at his appearance in front of the Home Affairs Committee; he claimed that artificial intelligence tools were not used to prepare intelligence reports—a claim since refuted by one of his own officers, who blames incorrect evidence on “an AI hallucination”.

I know better than most that West Midlands police officers do their duty bravely, day in and day out. Sir Andy’s report does not argue that the entire force is failing, but it is clear from the report that on an issue of huge significance to the Jewish community in this country, and to us all, we have witnessed a failure of leadership that has harmed the reputation of and eroded public confidence in West Midlands police, and policing more broadly.

Faced with a game of such importance, the chief constable of the force, Craig Guildford, should have ensured that more professional and thorough work was done. As Sir Andy says, the shortcomings detailed in his report are

“symptomatic of a force not applying the necessary strategic oversight and not paying enough attention to important matters of detail, including at the most senior levels.”

The ultimate responsibility for the force’s failure to discharge its duties on a matter of such national importance rests with the chief constable. It is for that reason that I must declare today that the chief constable of West Midlands police no longer has my confidence. It has been, as I understand it, over 20 years since a Home Secretary last made such a statement, but on the evidence provided by Sir Andy Cooke, the chief inspector of policing, that is now the case.

Until 2011, the Home Secretary had the authority to dismiss a chief constable, but the power was removed by the previous Conservative Government. Today, only police and crime commissioners hold that power, so the chief constable’s future rests with the local police and crime commissioner, and not with me. I am sure that Simon Foster will now follow all due process as he considers the question for himself. However, I believe that this case illustrates that Home Secretaries should, in future, have that power restored to them. When a chief constable is responsible for a damaging failure of leadership, the public rightly expect the Home Secretary to act, and I intend to restore their ability to do so. I can announce today that the Government will soon reintroduce the Home Secretary’s power to dismiss chief constables in the light of significant or persistent failings, and that this will be part of the Government’s upcoming White Paper on wider police reform, with legislation to follow. I do not expect the power to be used often, but it must be available at those rare moments when it is warranted.

Sir Andy Cooke’s report is devastating. It catalogues failures that did not just affect the travelling fans but let down our entire Jewish community in the west midlands and across the country. I speak today not just as Home Secretary, but as a Member of Parliament for a Birmingham constituency. In his report, Sir Andy says that he believes that the police acted in an attempt to avoid long-term damage to local community relations; if that is the case, what a grossly misguided effort it was.

Peaceful, harmonious communities rely on a police service that, above all else, pursues the truth. We live in a world where misinformation flows freely and dangerously; in this case, the police added further misinformation to the public debate, when they could and should have provided the truth, which could have allayed fears. In doing what it did, West Midlands police force did not support community relations; instead, it inadvertently made things worse. This must serve as a lesson to police forces throughout the country—a reminder that they are called to their profession to serve truth and the law, and to police our streets without fear or favour, and that community trust and cohesion depend on them doing that above all else. With that, I commend this statement to the House.

I call the shadow Home Secretary.

This is a shameful episode. West Midlands police had evidence that Islamist extremists based in Birmingham planned to attack Maccabi Tel Aviv fans. Let us call that what it is: vicious antisemitism. We cannot allow violent Islamists to impose their will on our country, yet that is exactly what West Midlands police, through weakness and fear, allowed to happen. The force should instead have confronted the Islamist extremists. In fact, it should have investigated the extremists for inciting racial hatred, as Jonathan Hall KC said only yesterday. Instead, the force capitulated to the Islamist mob by banning the Maccabi fans.

But it gets worse. The West Midlands police force then tried to hide what it had done. The police fabricated a claim that it was the Maccabi fans who were the dangerous ones. They claimed that a previous game in Amsterdam had led to violence by the Maccabi fans. That claim was a pack of lies from start to finish. The Mayor of Amsterdam and Dutch police have now confirmed that West Midlands police simply made the whole thing up. The chief constable must be fired.

A moment ago, the Home Secretary claimed that she has no powers to dismiss the chief constable, but she failed to mention section 40 of the Police Act 1996, which remains in force today. Under that, she as Home Secretary has the power to direct the police and crime commissioner to do things—including dismissing the chief constable—where

“any part of a…force is failing to”

act

“in an effective manner”.

That test is clearly met: part of the force—the chief constable—is indeed failing to act in an effective manner, by the Home Secretary’s own analysis. If she is unfamiliar with that legislation, I have a copy of it here. The Home Secretary must today use her section 40 powers to direct the police and crime commissioner, Simon Foster, to dismiss Craig Guildford. She must stop pretending to have no power and actually act.

Let me first say to the shadow Home Secretary that I have long and very personal experience of standing up to extremists in Birmingham, not least in the last general election campaign. I think my track record speaks for itself, and I am a woman who knows of what she speaks—clearly unlike him. He appears to be unfamiliar with the law, and indeed with Sir Andy’s findings in his report. Let me remind him of a few things.

First, it was the Conservative Government who removed the Home Secretary’s direct power to remove a chief constable. That power used to be in section 42 of the Police Act 1996, but it was repealed by the Conservatives; the Police Reform and Social Responsibility Act 2011 explicitly removed the power. I will quote from the explanatory notes to that Act. I suspect that the hon. Member for West Suffolk (Nick Timothy) drafted and approved them when he advised the former Home Secretary, Baroness May, so he will be aware of what is in them. They say:

“The Secretary of State does not have power to direct a police and crime commissioner to suspend or remove a chief constable.”

That is the law passed by the previous Conservative Government.

I am talking about section 40.

If the shadow Home Secretary made himself familiar with how the law is to be interpreted and implemented, he would well know that section 40 of the 1996 Act, which remains in force following the 2011 Act, cannot be read in isolation. When such matters are litigated before a court, a court would be aware of the direct powers removed by the repealing of section 42—we cannot read the two sections in isolation. If he paid any attention to the detail, he would know that, and he would know that the Home Secretary does not have the power that he claims I have.

Secondly, I suggest that the shadow Home Secretary and other hon. Members, in their own interests, pay attention to what Sir Andy has written in his report of today. On page 11 he deals with what the chief constable has suggested was the reading of the meeting that took place on 8 October. Let me give the House a bit of context. That was a meeting of police chiefs that I called following the attack in Manchester on 2 October. I had already announced that I was going to look at police protest powers and I had asked the most senior chief constables in the land, the National Police Chiefs’ Council, the College of Policing and, indeed, Sir Andy Cooke to attend a meeting with me.

Towards the end of that meeting, we did some horizon scanning of other difficult decisions coming up that might have public order consequences, and this was one such matter. It was mentioned briefly by the chief constable, and his recollection of it is absolutely untrue. The chief constable did not say to me, or indeed to anybody else in that room, that West Midlands police had already made the decision to reduce the allocation of tickets for Maccabi Tel Aviv fans to zero but that it was ultimately a decision for the safety advisory group when it next met—that is categorically untrue. If that had been the case, given the seniority of everybody who was in the room and heard what was said, that would have elicited a reaction not just from me and my officials but from many of the other senior policing officials present.

Is the Home Secretary able to say who was the most senior police officer who reviewed all the evidence—AI or otherwise—and signed off the decision?

Ultimately, the final decision on the West Midlands police’s recommendation to the safety advisory group was from the chief constable.

I call the Liberal Democrat spokesperson.

The recommendation by West Midlands police to ban Maccabi Tel Aviv fans was clearly an incredibly serious mistake. That has been shown in evidence by Sir Andy Cooke’s damning report. Not just the decision but how it was made and the fact that misleading statements were covered up is damning. The latest examples of how artificial intelligence was used in coming to the decision, after multiple denials, beggar belief and risk seriously undermining public trust in the police, and not only in the west midlands but across the whole country.

The chief constable of West Midlands police does not have the Home Secretary’s confidence. He does not have mine, and I assume that he does not have that of most of the House. He needs to consider his position and go now. I am pleased that the Home Secretary went to quite unprecedented levels to say that he should go, and I am pleased that she has spoken to the House first. Will she meet the police and crime commissioner later today to call for the chief constable to go?

We need the Independent Office for Police Conduct to investigate what has gone on in West Midlands police. Will the Home Secretary ensure that takes place? We have already seen delays to the Hillsborough law and its duty of candour, including just this week. Does the Home Secretary agree that this incident shows the need to put the Hillsborough law on to the statute book as soon as possible? Finally, we need urgent transparency and clarity on the use of AI by police forces. Does the Home Secretary agree, and what plans does she have to ensure that guidance is given to police forces?

I thank the Lib Dem spokesperson for his remarks. I have, as a matter of courtesy, informed the police and crime commissioner in advance of making this statement that I would be saying that I do not have confidence in the chief constable of West Midlands police. I have also reiterated and made it clear that any statutory process, and any decision under the statutory process on further action against the chief constable, would be a matter for the police and crime commissioner himself. He must consider that on his own terms, and I am sure that he will be making his own statement once he has had a chance to absorb the findings of Sir Andy’s report. Given that there could be a statutory process, I will not be commenting on what may or may not be happening, in order to respect the independence and integrity of any future decisions.

On the IOPC, I expect that the police and crime commissioner will consider his position on this matter and approach the IOPC if he deems it necessary, but that is a judgment for him. I also expect the IOPC to consider whether these findings mean that it should use its own power of initiative to conduct an investigation. The hon. Member will know that it is independent, and it would be improper for me to seek to direct it in any way, but it does have those powers and I believe it has already indicated that it will consider the position again, once it has had a chance to absorb the findings of Sir Andy’s report.

I agree with the hon. Member that this case proves why we need a duty of candour on all public officials, and I look forward to the Hillsborough law becoming an Act of Parliament at the earliest opportunity. On the use of artificial intelligence by police forces, I will be returning to these matters when I publish—I will come to the House to make a statement—the policing reform White Paper. This is important because AI is an incredibly powerful tool that can and should be used by our police forces, but regulating it to make sure it is always accurate is a matter of legitimate concern to us all, and I will be saying more about that in due course.

I thank the Home Secretary for her statement. It is disappointing, but perhaps unsurprising, that some of the evidence presented to the Home Affairs Committee was an AI hallucination. As I look to the back row of the Opposition side of the Chamber, I ask the Secretary of State whether she shares my suspicions that there was indeed political interference with the work of the Birmingham safety advisory group. What will happen if that turns out to be the case?

Having commissioned Sir Andy to investigate these matters, I think it is important that we reflect on his findings. He found that there was no evidence that police officers were motivated either by antisemitism or as a result of political interference, or were otherwise behaving with malign intent. It is important that I follow those findings from the independent inspector and act accordingly.

This is truly a sad day for British politics. Despite all the rhetoric in this House, Brummies know the truth: this is nothing but a witch hunt and the chief constable is being thrown under the bus. The Home Secretary knows all too well that West Midlands police have a reputation for working with all communities; it has never caved in to community pressure. We all know this because we regularly have far right protests and marches in our city. The police could have done a better job in terms of procedure, yes, but their reason for banning Maccabi fans was the same from day one. We all know about the unashamed racism and violence, and that is the reason they were banned, because that would have been brought to the streets of Birmingham—

Order. I am sure that the hon. Gentleman is getting to his question.

The police did their job and now they are being punished for it, so I ask the Home Secretary: is it worth throwing our chief constable under the bus just to show that the words of the right-wing media and Dutch officials, under pressure from Amsterdam city hall, matter more than our British police?