APPENDIX 7
Memorandum submitted by The Police Federation
of England and Wales
BACKGROUND
The Police Federation of England and Wales—the
voice of the operational police officer—is the staff association
for over 95% of police officers. Established by statute, we are
responsible for the welfare of officers and the provision of an
efficient police service.
The Police Federation welcomes the opportunity
to submit written evidence to the Home Affairs Select Committee
discussion paper. This response has been prepared specifically
for this purpose. We would be happy to provide oral evidence or
additional material on request.
INTRODUCTION
The tragedies of 9/11, the London bombings in
2005, and most recently, the thwarted attacks on London and Glasgow
graphically demonstrate not only the shocking barbarity of terrorism,
but also the very real nature of the threat facing the UK.
The crucial role played by the police service
to both prevent and tackle terrorism has been recently voiced
by the Prime Minster, Gordon Brown, and new Home Secretary, Jacqui
Smith. The need for a visible police presence has never been greater,
and patrolling officers working in neighbourhoods will provide
the reassurance and links to the public that is needed in this
time of heightened security.
Unfortunately minority ethnic communities in
the UK can be unsuspecting hosts to would be terrorists as they
can provide both the anonymity and camouflage that some terrorist's
seek. The police service plays a key role in the promotion and
protection of community cohesion. It is therefore critical the
police maintain the support of minority ethnic groups in order
to gain any possible intelligence which could prevent an attack.
This must be done sensitively and appropriately, balancing the
needs of the community against the danger and threat of terrorism.
In recent months, the police have received a
considerable degree of public and media criticism for the use
and interpretation of powers under terrorism legislation, but
we operate in an environment where our overriding concern must
always be to be the protection of the public and prevention of
terrorism.
FEDERATION RESPONSE
TO AREAS
IDENTIFIED IN
DISCUSSION PAPER
Pre charge detention
The Police Federation of England and Wales support
the proposed increase in pre-charge detention to 90 days as the
current 28 day detention may no longer be a sufficient time in
which to conduct investigations, which are often on a global scale.
The complexity of modern day terrorism and the
necessary enquiries can often take longer than 28 days. The increasing
use of technology means that appropriate time may be needed to
conduct a thorough enquiry.
We do not support blanket detention for indefinite
periods and in supporting pre-charge detention urge every effort
is taken to ensure this measure is a help to investigators and
not a bureaucratic hindrance. Supporting 90 day detention does
not mean that this will be necessary every time. Clearly its use
must be measured, must be fully accountable and be subject to
strict judicial overview. It must only be used if an enquiry is
still active.
Post charge questioning and notification requirement
The Police Federation of England and Wales support
the principle of post charge questioning as this will allow terrorist
suspects to be questioned at a later stage of an enquiry, if there
is sufficient cause for suspicion. This must again be done with
judicial overview and must be a fully accountable process. We
do not advocate that this become the norm for all cases, and should
only be used with strict criteria.
Enhanced sentences
In principle the Police Federation of England
and Wales agrees that it is right that any person(s) convicted
of an offence related to, or that supports the act and or deliberation
of terrorist activity, should be subject to an enhanced sentence.
Offences linked with terrorism should become an aggravating factor
in any charges that are brought, irrespective of whether they
are contrary to specific terrorism legislation or not.
Control orders
In principle, the Police Federation of England
and Wales support control orders. The removal of people's liberty
must never be taken lightly, but control orders provide an additional
tool available to police officers and related bodies in the fight
against terrorism, provided appropriate checks and balances are
in place to prevent unfettered application.
Data sharing for intelligence agencies
At present the UK is one of a very small number
of countries that does not allow the use of evidence obtained
from the interception of communications within court proceedings
(including fax, telephone, email, internet and postal communication).
The exception to this is evidence gained abroad legally. The proposal,
to allow this evidence, will bring us in line with most EEC countries
and the United States of America.
The Police Federation of England and Wales is
keen to ensure the protection and safety of covert officers and
intelligence gathering sources. Steps and provision must be taken
in any future legislation to safeguard these individuals' identities.
Police powers to hold passports and travel documents
at ports
As highlighted in the government discussion
paper police officers have often identified a gap in legal provisions
where an individual stopped at a port is suspected of terrorist
activity. At present no power exists short of arrest and so the
police have requested powers to enable the temporary holding of
travel documents for a limited period to enable further investigation.
The Federation support such a move. Police officers
require powers to use their discretion in a transparent and accountable
way, which may prevent suspected terrorist from entering, staying
or leaving the UK.
Seizure of terrorist assets
The Police Federation support the proposed extension
of seizure of terrorist assets to cover all those convicted of
a terrorist or terrorist related offence where their assets may
be used for future terrorist purposes.
A national coding system may offer help with
the detection of assets, but must be evidentially linked.
Increased security at gas sites
We appreciate there is currently an ongoing
operational requirement to provide security measures at key national
infrastructures, including the deployment of additional police
services, in order to counter the potential risks. The proposal
seeks to legislate over funding arrangements of increased security.
The Police Federation of England and Wales support
all such counter-terrorist measures but add the proviso that the
funding must not be to the detriment of other police resource
allocations. The projected figure for terrorist spending is set
to increase to 2.25 billionn by 2008 (double that of 9/11/2001)
and it must be out of this pot, and not the pot of money already
allocated to local policing authorities, that this spending is
made.
Once again this highlights the need for an independent
review of policing to clearly define what is expected of police
officers and the police service. This will then help ensure we
are not taking money from one area of policing to give to another,
at the detriment of the first area.
OTHER AREAS
FOR CONSIDERATION
The stigmatisation of minority groups publicly
"associated" with terrorism; and media coverage of these
issues
We fully understand that many Muslims may feel
stigmatised due to a public "association" with terrorism.
The Police Federation represents police officers of all religions,
cultures and ethnic backgrounds, and we fervently oppose any comments
or actions, be it intentional or unintentional, which serve to
stigmatise any minority group or cause racial tension.
Over the course of the last year there has been
an increase in the number of recorded stops and searches amongst
Asian people, particularly young men. This has fuelled criticism
that the police have been overzealous, acting disproportionately
and/or discriminately in a knee-jerk reaction to the increased
terrorist threat. We strongly refute any such accusations. First
and foremost, stops and searches are conducted on the basis of
intelligence information. Secondly, given the common demographic
backgrounds shared by the majority of Muslim fundamentalist terrorists,
it would be perverse if there had been no such increase in the
number of stops and searches amongst specific minority ethnic
groups. The service must do all that it can to reassure and regain
the support of the whole Muslim community.
We do not support the assertion that stop and
search is ineffectual as an anti-terrorist tool. Whilst no accurate
means of assessing whether stop and search has directly prevented
a terrorist strike exists, this in no way detracts from its value
to police as a preventative tool.
Far greater efforts must be made to elucidate
to minority groups how and why anti-terrorist measures such as
stop and search and arrests have been conducted. The media should
be a willing partner in this process by paying closer attention
to the veracity and interpretation of stop and search figures
and ensuring issues relating to race or religion are reported
accurately, thus avoiding the use of inflammatory language. It
must be recognised that there are many good examples of effective
community cohesion work between the police and minority ethnic
groups in many of our cities.
The Police Federation believe the Office of
Constable is sacrosanct. Police officers must be supported in
their role, part of which is the ability to use their powers of
discretion. We agree that this duty must be a transparent and
accountable process for the protection of officers and the public.
One of the greatest weapons the police service has in the fight
against terrorism is the visible presence of professional police
officers and the use of police officers' discretion. If the trend
by the government and chief officers continues to remove sworn
officers from operational policing roles, then, not only will
we have less use of discretion, but we will have far less operational
resilience to deal with the fight against terror and everyday
crime in the future.
An independent review of policing is urgently
needed to ensure we have a police service fit for the future.
July 2007
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