Select Committee on Defence Minutes of Evidence


Examination of Witnesses (Questions 240 - 259)

WEDNESDAY 26 JANUARY 2005

DR OWEN GREENE, CHIEF CONSTABLE PAUL KERNAGHAN, MR STEPHEN PATTISON AND MR STEPHEN RIMMER

  Q240  Chairman: Regarding the role of policing in peace support operations and crisis missions generally, what are the respective roles of the FCO, the MoD, the Home Office, maybe DfID, and the Post-Conflict Reconstruction Unit? Who will do what in the future? You have touched upon that. If it is too complicated for us, perhaps you could drop us a note on this, because it does seem important for our records to know who has been doing what. Perhaps you could give us a glimpse, and then send us something in more detail.[1]

  Mr Pattison: Of course, happily. Just to give you a glimpse, in a sense this is still work in progress. What has happened hitherto, however, is that the Foreign Office has taken on responsibility for the operational deployment of our police overseas. This has included things like working with police forces on the selection of recruits, on their contracts, the reimbursement of police forces for their salaries. It has included the duty of care responsibility that we have to police recruits serving overseas. It has included trying to develop training courses. The whole range of things have been done essentially within the Foreign Office, but drawing in expertise from outside. We are not immediately planning to change those arrangements. We are planning to make them more joined up with the rest of Whitehall; but we are not immediately planning to change them. We are trying to improve them and the way they work. There is a question about the newly established Post-Conflict Reconstruction Unit. It is not yet immediately clear whether responsibility for managing the UK's contribution to overseas policing will eventually transfer to them or will remain within the Foreign Office. We will need to see how this develops. It may be that it is better that it stays within the Foreign Office, because we will want to contribute police to a number of countries where we do not necessarily have a big British presence in terms of troops or others, but where we are acting in support of OSCE or UN objectives. It may be that falls, or will continue to fall more naturally to the Foreign Office than it will to the PCRU. This is something we will need to discuss with them, however, as they develop their own role. I will send you a note on that.

  Q241  Chairman: Yes, that would be helpful.

  Chief Constable Kernaghan: From the perspective of the police service, once the Foreign and Commonwealth Office identify a diplomatic need and they secure the support of the Home Office, the Scottish Executive and Northern Ireland Office, they then come and I try to facilitate that from a police service point of view. I am involved and I appreciate the opportunity to be involved in early discussions with FCO colleagues. However, we as a service lack a preplanning capability. I do not have members of staff attached to PJHQ, for example, to see whether there is a police role, and that is a major failing. However, at this point in time, once there is a political will expressed, I seek to facilitate the response of the domestic service.

  Q242  Chairman: We hear a lot about joined-up government and you have given one example where it could be a little more joined up, because now it is almost to be a seamless move from defence, right across policing, and even private security, and the structures have to reflect that.

  Chief Constable Kernaghan: Indeed.

  Dr Greene: The budget question has been answered in the immediate term, but I think that the expectation should be that we will need standing capabilities on at least two or three areas, maybe based in the Foreign Office or whatever. The three will be in those areas to do with police units, and so on, that are ready to deploy and have the preplanning and so on that the Chief Constable has just mentioned. However, mission planning, as experience and lessons learned have shown, is quite a demanding business, where you have to integrate recent lessons learned from previous operations. Within the existing framework, therefore, that cannot be done easily and in an ad hoc way on the basis of teams being quickly brought together about this or that planning mission. So I think that sort of structure will need to be put in place. The reason I emphasise it here is because I think that some of the needs are so clear from experience that it would be a pity if the strategic task force took six months without a framework already beginning to expect to be able to allocate those resources. It is obvious that the Post-Conflict Reconstruction Unit might be a location for at least some of these standing capabilities, but that needs to be central to that work.

  Q243  Chairman: We would not want it bogged down in another set of bureaucracies; because what Iraq clearly showed was that if you do not come in pretty quickly with the security structures, you have lost the game. So you cannot afford to allow bureaucracy to prevail. We are obviously more oriented to what goes on in the Ministry of Defence, with all of its perfections and imperfections, but the military are quite good at devising military doctrine and there has, fairly recently, been military doctrine on peacekeeping operations. Has there been anything done in the Defence Academy, or in any of the police establishments, or in the government departments, or academia, on at least the outlines of a doctrine? Not just how it might apply to us in the UK, but how it might have an application right across the board—because there are other very good police forces around, who hopefully have gone through the same process that we are.

  Chief Constable Kernaghan: Sadly, I do not believe that is the situation. We respond, we deploy people on an individual mission; they do an extremely good job—and I am very grateful for Mr Rimmer's comments—on that mission. But there is no repository—and we are talking about perhaps only two or three people—to develop a doctrine. There is an outstandingly good publication by the Joint Doctrine and Concepts Centre on peace support operations. There are no police officers studying that. We do not look at it; we simply deploy people on a mission. That is something we have got to do. In some missions we will be a major player; in some missions we will be a marginal player; other missions we will not participate in at all. However, we do need one or two police officers who understand the jargon, the language used by military planners—and that is what we need to go to.

  Q244  Chairman: It sounds like a good PhD, if somebody can do it in three months, Dr Greene.

  Dr Greene: Yes, we will set them on to it! I agree with the point just made, but it is worthwhile elaborating. The EU police unit has been spending a significant amount of time over the last year on developing doctrine for EU police operations, and that is welcome. However, it is noteworthy that at present it tends to focus on how to integrate police immediately, in the very first phases of deployment, which is one of the traditional challenges—that the police arrive too late for their roles, and so on. So that is important. However, in the rush to make it clear that they have a doctrine which allows them to insert gendarmerie-like forces early in a deployment, a whole range of critical areas of doctrine are presently being neglected and are not at all being customised according to the relative capabilities of the UK. These tend to be dominated by those sorts of deployments to which France, Italy and Spain can best contribute, because of their standing gendarmerie forces. Similarly, there is a rather gestural attempt at doctrine in the UN at the moment, but it essentially boils down to being a very limited exercise. I think that this is somewhere where the UK is in an extremely good position to contribute very strongly, not only across the board but particularly in relationship to how police services, those experienced with community policing, and those elements of policing that go beyond the paramilitary policing operations, can contribute rapidly and link with other elements of the criminal justice system. So there is a big gap.

  Q245  Mike Gapes: Can I ask some questions, partly following on from what was said but also based on the visit we had to the Az Zubyah Police Academy in Iraq in December? Mr Pattison, you said that 250 police officers were serving globally. Is that the total, or is that just those who are funded from within this conflict prevention fund? Are there any other police officers serving who are funded by other means?

  Chief Constable Kernaghan: Perhaps I might deal with the police service. As I understand it, as of December 2004 there were 235 serving police officers seconded to the FCO for what we would call peace support operations. There were a further 35 retired officers on direct contracts with the FCO. There are small numbers of police officers elsewhere in the world. That is an accurate observation. I can think of Jamaica, for example, where the Metropolitan Police have two or three officers providing very sensible, bilateral, operational co-operation with their Jamaican colleagues; but, in terms of the vast majority of police officers, it would be 235 at this point in time.

  Q246  Mike Gapes: Those who are coming from the Met will be funded by London council tax payers?

  Chief Constable Kernaghan: That is obviously a matter for the Metropolitan Police Authority and the Commissioner. I know they work with their Jamaican colleagues on matters which actually affect the people of London, and it is done on a very professional basis.

  Q247  Mike Gapes: I am just trying to be clear. One of the issues, and it follows on from what Mr Jones was asking earlier, is about the relationship between police authorities and costs. You said that all costs were reimbursed. I am trying to be clear whether it is all costs or all costs within one pot, whereas in another pot there may be costs to me, as a London council tax payer, which I would welcome if it stopped the number of Yardies and drugs coming into London; nevertheless, we need to be clear about this.

  Mr Rimmer: There are a number of dimensions to international police activity, obviously. One which is very relevant at the moment is the excellent police service response to the Asian tsunami disaster. In that specific context—the Met, as you will know, have taken a leading role in the police response to that—there are currently 115 police officers and staff deployed in Thailand and Sri Lanka. That is for a different set of circumstances, and the context will determine how we sort out the funding for that. It is absolutely clear, however, that assessing the funding implications of something like that, first and foremost, is a central government responsibility. The costs do not simply get thrown at the relevant police authority and police force.

  Q248  Mike Gapes: I want now to go on to the lessons from Op Telic and Iraq. One of the points that came through very clearly in our visit to Iraq was that the decision to deploy police officers there was taken late in the day. As I understand it, it was not until April, which is a month after the conflict started in the March, that the Home Secretary wrote to the Foreign Secretary, promising UK policing assistance to the coalition. In retrospect, would you agree that we should have been planning this far more in advance, rather than responding to a situation after the collapse of the institutional structure within the Ba'athist regime?

  Chief Constable Kernaghan: I would agree entirely, Mr Gapes. The first contact to ACPO and to myself was 72 hours after the famous statue toppled in Baghdad. There was no engagement with the British police service prior to the invasion—I appreciate primarily a diplomatic and military issue—but there was no liaison with the professional police expertise prior to that. I think that was wrong. We would hope in future never to be in that situation again. It may be you consult the police and we say, "We don't have a role to play", but at least there should be that opportunity to seek professional advice. In my opinion, that was a failure of pre-planning.

  Q249  Mike Gapes: Our Committee has already made criticisms of some of these aspects, but on other areas. On the question of the actual work that the police are doing in Iraq, they work very closely with the military. In fact, they have required protection by the military in order to establish the police academy that we visited. Was there prior consideration of that issue before the request came through for assistance?

  Chief Constable Kernaghan: Pre the toppling of the Saddam Hussein regime, there was no liaison that I am aware of with British police in any shape or form. I deployed to Iraq in May 2003, I think 3 May, to see what contribution, if any, British policing could make, and, if we could make any contribution, to specify what that contribution would be. My assessment at that time—which was a fairly benevolent environment in May 2003—was that we would not have British police officers walking the streets of Iraq. I believed we could make some limited policy contribution in Baghdad (within a secure environments), and we could also provide training within, again, secure complexes. The Az Zubyah regional police training academy is a manifestation of that second recommendation. So there was no planning prior to that. We sent some people to Baghdad; then we activated the Az Zubyah Academy. It has to be within a security environment provided by the military because, with respect to my members, British policing is primarily unarmed. You are talking, in the environment that is contemporary Iraq, of placing heavy machine guns to guard compounds, et cetera. That will always be a military role. I do not envisage that being performed by UK police officers. We provide different expertise. They therefore have to be closely integrated, so that, whatever we are doing, the military and the police work very closely together.

  Q250  Mike Gapes: Our involvement in Iraq is as part of the coalition, and the main player in that coalition is the United States. The Ministry of Defence's own Future Capabilities document refers to the expectation that we will in future be involved in complex, large-scale operations as part of what will be US-led coalitions. Given that is the case, what lessons have been identified for police missions or contributions to police missions in the future, within US-led operations or alongside US military?

  Chief Constable Kernaghan: The scenario you suggest is particularly interesting. The United States does not have a national police force, and they are very similar to ourselves in fact. They have a multiplicity of police departments, ranging from one man or woman up to the New York Police Department. In the early days in Iraq there was perhaps a very idealistic view that what should be created in Iraq was 50% New York Police Department, 50% Blankshire Constabulary—that mythical force which police planners always refer to as "Blankshire". This is a personal but also a professionally influenced judgment, but the one thing Iraq does not need is five parts NYPD, five parts Blankshire. We need to support the Iraqis to deliver a police capability which meets their needs. We should not be so arrogant as to come and say, "What works in Hampshire, what works in California, will work for you". We need to go in there, deploy expertise, but come up with a solution that will secure the support of Mr and Mrs Average Iraqi. I would equally say, in relation to a wider coalition with other colleagues, "We have to see what capabilities you bring to the party". On some occasions we may say that the Germans take the lead on policing, or the French, or the UK. We should not come thinking that we have to contribute or take the leadership role. In essence, I think that this is about pre-planning for any involvement in another country. What is the situation operationally? What expertise do they require? And—to use a military phrase familiar to this Committee—troops to task. We have to deploy the right troops to carry out the task.

  Q251  Mike Gapes: The British—in fact, RUC officers in the past—have done work in the Balkans alongside Americans. A few years ago I met an American guy from the NYPD, one of the senior people. Has there not been any kind of transfer through of that collective memory or knowledge?

  Chief Constable Kernaghan: I do not believe there is any body commissioned to collect those memories together. We do not have a Joint Doctrine and Concepts Centre. We do pass things on. We have one or two people out in the Balkans who are now on their second tour of duty. They obviously bring knowledge, et cetera. However, that is the key element. We need some office, some body, to collect that together in terms of mission planning. I have to say—and Mr Pattison referred to it—the FCO have restructured. I think that they have more people supporting police missions, and that is very much to be welcomed. However, we need to develop doctrine along the lines referred to by your Chairman.

  Q252  Mike Gapes: You need to do it here, but are the American police doing it within the American military structures and the American State Department's discussions about future operations?

  Chief Constable Kernaghan: I cannot comment on the American Department of Defence, but bear in mind that they contract out all policing overseas. The police officers whom you have met from America are not from American police departments or the American equivalent of ACPO. They are contract workers to a commercial organisation. The Americans have gone for that option. They simply award contracts to a commercial entity.

  Q253  Chairman: In Kosovo they were policemen. The Americans looked like something out of "In the Heat of the Night"—ten Rod Steigers! Frankly, it looked ridiculous. In other police support operations, peacekeeping operations, I am sure that I have seen uniformed officers from small Georgia police forces, as opposed to being contract security.

  Chief Constable Kernaghan: I stand to be corrected, Chairman, but my understanding is, whatever their provenance or background, I think you will find that they are employees of one or two major commercial undertakings. They are not seconded from Georgia state troopers or NYPD. They are private individuals, working on a contract to a company contracted to either the Department of State or the Department of Defence.

  Dr Greene: May I add something to this? Just as background, a year ago, in co-operation with ACPO, the FCO policing unit, and so on, Bradford co-ordinated a big practitioners' lessons-learned exercise from the deployment of police and post-conflict police missions. The questions you are raising are generic ones that apply, and therefore the British capabilities need to be very much developed in all of these areas. Perhaps I may elaborate on two or three points. One is that this needs assessment, dimension and mission planning, is a very challenging one and requires very serious capabilities. It is not simply a question of deciding how to deploy police in this or that area. You are normally intervening in a context which is a tough one in terms of peace-building, with many spoilers. It requires quite a detailed understanding of what one is strategically trying to do. This means not simply deploying police in an advisory capacity but having a clear understanding of what capacity building and intelligence gathering, for example, might be needed; what sort of capacity building in terms of institution building within the local police. So often our assistance, because we have not had the standing capability, has been focusing on mentoring and training—which, although very valuable, is often not central to the requirements. It requires much closer scrutiny than that. Similarly to do with continually upgrading assessments. This question of how to link with the US is a generic one. Police forces tend to be relatively parochial in their professionalism in comparison with the military. Of course there are lots of shared understandings, but styles of policing differ. One sees horror stories of different police forces being deployed, with very different professional habits. They take six months to understand where each of them is coming from, and then the tour of duty is over. There are so many difficult areas here. In a sense, this all speaks to reinforce the point that one needs a standing capability that can get to grips with this: not simply in terms of understanding a little more deeply the complexity of mission planning here, and seeing how you fit into a broad system. So often there are police forces deployed, strengthening police forces, with very little sense of how one is going to detain people who are arrested—because there is not the penal resource or court procedure resource there. So this is a challenging demand. I am not being perfectionist here. The lessons learned from all practitioners are that, unless you have some sense of how those link together, you are likely to fail in your overall objectives in deploying the police, even if the individual policemen and women deployed there perform exemplarily in their specific role.

  Q254  Mr Havard: But the lesson of Iraq was that we knew a lot of these things. You had this information, and the point that has been made by you, Chief Constable, is that there was a failure in terms of early enough involvement of the police. In the two police forces that I straddle, I have been discussing with one of my Chief Constables, Barbara Wilding, and, as I understand it, your organisation was asking to be involved. Is that right? So there is information available. If people want to get involved, want to contribute and have been excluded, then the process now being described by the Foreign Office will avoid it in the future. Will it? Do I have the confidence that it will?

  Mr Pattison: It is of course true that a number of lessons have been identified. In a paper that has been commissioned by one of our experts, the author draws a distinction between lessons identified and lessons learned. It is not a bad point to bear in mind.

  Q255  Mr Havard: It is exactly my question.

  Mr Pattison: Lessons have been identified. We were very grateful to Dr Greene for the paper he pulled together, at the end of the conference which the Foreign Office sponsored, to identify more generic lessons. Indeed, from the point of view of the Americans, they themselves are looking at what lessons they can identify from policing in Iraq. On Iraq, I think that we should all bear in mind that the situation immediately following the fall of Saddam was immensely chaotic. We had to start from scratch.

  Q256  Mr Havard: I am talking about a period before we even went into the adventure.

  Mr Pattison: There is the question of planning but, given the circumstances we found ourselves in in May 2003, our plan then, to try fairly rapidly to train a large number of new Iraqi police, was a plan which seemed reasonable at the time. We put it into place, actively and with commitment, and it began to produce police. The challenge that the Iraqi police has faced as a result of the insurgency has obviously been an extraordinary challenge, and thought needs to be given by the Iraqi Government and others as to the best way of meeting the challenge of the insurgency. However, we worked hard to try to stand up a completely new police force in Iraq. We are identifying the lessons. In some of the areas, particularly the ones mentioned by Dr Greene, there has been a bit of progress over the last year or so, particularly on the sorts of things Dr Greene identified: the importance of a needs assessment; the importance of better planning; the importance of a clear mandate for what the police are going to do; the importance of doctrine—there is a gap on doctrine. But in all of these areas we have been working with, in particular, the UN to try to improve their performance. They are not involved in Iraq, but their performance in other policing situations, particularly in Africa and elsewhere. We are making progress and we are registering the points. Some of the things that Dr Greene mentioned—the need for intelligence and so on—remain very sensitive internationally, of course. Relations with the Americans—again, our view is that there has been a great deal of contact between our police people in Iraq and the Americans. We have quite a lot of senior-level contact. At the same time we, in a sense, run the policing operation in that part of Iraq for which we are responsible, and the Americans are active elsewhere. At a strategic level, however, we think that our relations have been satisfactory. All of this complex of issues will be looked at again as the Post-Conflict Reconstruction Unit begins to focus on how the UK can better prepare for meeting the demand of post-conflict reconstruction, and it will include a number of the things we have all talked about. So we are not complacent. We have identified lessons. Some we are trying to nudge forward. The task force will indeed take a lot of these things forward, and I hope that, on the basis of the experience we have had in Iraq and elsewhere, we will be able to do these things even more effectively in the future.

  Q257  Mr Viggers: It certainly seems that policing was not so much an afterthought as an after-event. The policemen who first arrived there felt that they were dropped in a vacuum and Deputy Chief Constable Douglas Brand, who served in Iraq, has written how, before he arrived in theatre, little thought had been put into his role, how he should be supported administratively, or his relationship with the Coalition Provisional Authority. Indeed, I understand that an internal Foreign and Commonwealth Office paper in December 2004 lists the "...low level of mutual understanding between military and civilian police" as a weakness of "the current state of play with UK international policing". What is being done to ensure that policing and post-conflict circumstances are being taken into account in military planning?

  Mr Pattison: I think that this focuses on the whole question of development of doctrine. There are two issues here. One is the experience of the British police. There, the experience of the British police in working with the British military is pretty good. It has developed well over the years and translates pretty well to the sort of relations that British police are able to have with the military overseas. What we are really looking at, if I may say so, is the international dimension of all of this. Let us focus particularly on the UN and the EU. In both of those areas what is missing is a systematic approach to these problems and, as we have already identified, what is needed is a doctrine. We are trying to get, in particular, the UN to focus on doing a better doctrine; but it will clearly need to address the civilian-military interface. There is no doubt about that. The UN recognise the need to develop a lot of their work in policing doctrine, and we will try to work with them on it. We have a British secondee to the UN Secretariat, who is trying to work on precisely these kinds of areas. I think that it is therefore something for the international community. We need to put British experience at the disposal of the international community, and try to encourage others to learn from our experience of generally good relations, to see how that translates into future international policing operations.

  Q258  Mr Viggers: I was prompted to follow this line of argument by the fact that last week I studied the military doctrine on the treatment of prisoners of war. It is a document that dates from 2001. It is 106 pages long and goes into the most detailed statistics on exactly how you treat prisoners of war, if you should take prisoners of war; and that this should be incorporated in a military doctrine, and military commanders should be thinking about this well in advance. Should they not similarly be thinking—as we move into a rather more confused world where military intervention might be, as it is in Iraq, in a confused situation—that military doctrine should include this thinking at a very early stage, and should not police officers be included in that strategic planning?

  Chief Constable Kernaghan: Yes, I think that military doctrine should include a civil police dimension but, in fairness to military colleagues, they need to know who to liaise with, and who is going to contribute to it. At this point in time there is no equivalent of the Joint Doctrine and Concepts Centre in the police. I am hopeful—and you have heard expressions of goodwill and support this morning from both the Home Office and the FCO—that the strategic task force will be addressing exactly the points you are highlighting. The honest answer is that, to date, we have not done it; we need to do it, and I am hopefully that Whitehall will create a structure which will enable us to provide a more positive partnership with our military colleagues.

  Mr Pattison: As a footnote, the JDCC will be part of the task force that we are setting up. So that will indeed help to bring the two sides together.

  Dr Greene: Could I add one other point which springs from that? Again, it is to re-emphasise there is the military-police dimension, which is strategic—and let us at least start with that—but let us not forget the other dimensions of rule-of-law missions: the linkages with judicial, court procedures, and so on. This is not rocket science, but quite often missions are designed with all sorts of assumptions as to what is the backdrop, what is available. When those assumptions are not met, a whole range of other mission objectives are undermined. So the main point I am making here is that, while it is important that in the first instance it is the military-police doctrine that needs to be developed, it needs to bring in people who are experienced with how you enable police forces to operate effectively in maintaining rule of law. As I say, that includes some expertise in how to link with the judiciary, and so on. Some problems in Iraq come from the fact that there is a very different tradition in the criminal justice system in Iraq—to the extent it existed. Police who may well be very familiar with how to link with the military—they were not, but they could have been—would still have been puzzled, without some doctrine developed about how to engage with those other sectors.

  Q259  Mr Jones: The role of police both in Iraq and other places has mainly been in terms of training and trying to get the Iraqi police force up and running. The Chief Constable also referred to the fact that he did not think that it was the role of our police in terms of guarding duties, and those things. What role do they have in terms of counter-insurgency? Certainly in Northern Ireland—and we were there yesterday—one of the issues there was that it was quite clear that the police took on the role in terms of using their policing techniques, rather than that the IRA would be defeated by military might. Is there a role in terms of future deployment, in terms of our police in Iraq possibly taking a more active role in counter-insurgency and policing techniques, rather than just the training role that they appear to have now?

  Chief Constable Kernaghan: In any overseas country the people who will provide the policing, be it what we would call routine policing or counter-insurgency policing, have to be the local officers. That is the key. You have to interact with the local community. In respect of counter-insurgency expertise, there is only one force in the United Kingdom that can deploy that expertise, and that is PSNI. No other force has any counter-insurgency experience whatsoever. It may have counter-terrorism experience, but not counter-insurgency expertise. Then I think you come down to the conflict between local priorities and international priorities. Yes, I have no doubt I could gainfully employ X hundred RUC Officers, now inherited by PSNI, overseas; but I rather suspect that my colleague Hugh Orde has a few things for them to do in Northern Ireland, and that ultimately is about resources and political priorities. We have a degree of expertise that we can pass on. I have to say that this is not new. The Royal Ulster Constabulary sent a delegation to Greece at the end of the Second World War, to assist the Greek police countering the Communist insurrection. So this is not something we have never encountered before. We do have expertise, but it is about obtaining individuals—and I suspect the Committee will be going on to the human resources dimension of it—identifying those people with the right skills profile and then releasing them for overseas service, if they volunteer. There is a very small pool of people with the requisite skills.


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