Appendix: Government response
Letter from Rt Hon Theresa May MP, Home Secretary,
18 June 2014
I am writing to thank you for the report of the Home
Affairs Select Committee on leadership and standards in the police
and to address its recommendations. The report focuses specifically
on the conduct of three representatives of the Police Federation
of England and Wales who attended a meeting with Andrew Mitchell
MP on 12 October 2012, and the subsequent Independent Police Complaints
Commission (IPCC) investigation. I am sorry for the delay in responding.
The Government welcomes the report by the Committee
and is grateful for its work on this issue. It is clear that this
case has raised concern about police integrity and demonstrates
that unless all officers operate to the highest standards of integrity,
policing risks forfeiting public trust.
Government Response
1. We note that this case is another serious,
high-profile example in which the IPCC has been unable, due to
resource constraints, to conduct a managed or independent investigation
in a timely manner, relying instead on a supervised investigation
by one of the forces concerned. We urge the Government to ensure
that the resourcing for the IPCC is robust and enables it to,
in real terms, take on more independent investigations. We were
glad to hear the Home Secretary's commitment in a speech at the
College of Policing to this. In this case, we consider the IPCC
should ideally have conducted an independent investigation but
this does not excuse either the conduct of the officers or the
failure of the three forces to undertake the complaint investigation
properly or in accordance with the applicable law. (Paragraph
9)
The Government is transferring resources from police
forces to the IPCC, to enable the IPCC to deal with all serious
and sensitive cases involving the police and put an end to the
police investigating the police in serious cases. Expanding the
IPCC will ensure a greater number of cases involving the police
will be considered independently. On 18 December 2013, the Minister
of State for Policing, Criminal Justice and Victims announced
that in 2014-15, £18million will be transferred from the
police settlement to build up the capacity and capability of the
IPCC. Additionally, the Home Office is funding up to £800k
to help with change costs in 2013/14 and a further £10 million
in capital in 2014-15. The IPCC is operationally independent from
the Home Office and, as such, the decisions with regards to the
mode of an IPCC investigation are a matter for the IPCC.
2. We also recommend that the public interest
test used by the IPCC in allocating resources includes a reference
to cases where the wider reputation of the police service is at
stake. (Paragraph 10)
Decisions about resource allocation for individual
investigations are a matter for the IPCC.
3. The law is clear on the relative roles and
responsibilities of the IPCC and forces in supervised investigations,
and on the procedure for submitting reports to the IPCC and to
Appropriate Authorities. However, given the difficulties which
have arisen in this case we believe clearer guidance for Chief
Constables should be produced to avoid a repeat of the current
situation. (Paragraph 11)
The IPCC oversees the police complaints system in
England and Wales and sets the standards by which the police should
handle complaints. As part of this role, the IPCC produces statutory
guidance which the Home Secretary must approve. If the IPCC believes
that changes need to be made to the existing statutory guidance,
the Government will consider making such changes.
4. We recommend that guidance be given by the
Home Office to Police Forces about the need for correct and comprehensive
note-taking of meetings that have a material impact on a complaint
investigation or conclusion. (Paragraph 15)
This is a matter for statutory guidance produced
by the IPCC. If the IPCC considers that changes to the guidance
on meetings about complaints need to be made, the Government will
consider making such changes.
5. We welcome the news that those contracted by
police forces to carry out work on their behalf will be covered
by the new Code of Ethics. We understand the College's reasoning
in not seeking to apply the Code to contractors working on behalf
of the Federation-there is the risk that attempting to over-extend
its reach could undermine the value of the Code-but we recommend
that the College give further consideration to whether or not
a requirement could be placed on those working for the Federation
to ensure that a reference to the Code is included in commercial
contracts with those carrying out work on its behalf. Some of
the criticism in this affair can be directed towards the publicity
campaign orchestrated by Jon Gaunt and yet it is the reputation
of the police and Police Federation which has been damaged. A
requirement that the Police Federation sub-contractors abide by
the Code of Ethics would reduce the possibility of such a damaging
situation recurring in the future. (Paragraph 28)
As the body responsible for setting and maintaining
standards in the police, the College of Policing has a key role
to play in ensuring that all forces meet the highest standards
of professional behaviour. The Code of Ethics will apply to all
federated ranks and federated office holders. The Police Federation
of England and Wales should expect its staff and anyone with whom
it does business to be cognisant of the principles within the
Code of Ethics.
Consistency in the standards of behaviour is essential
for there to be public trust and confidence in the police and
those who are employed by the police. The Government recognises
the importance of parity between police officers and staff and
private contractors. This is already being addressed by the power
in the Anti-social Behaviour, Crime and Policing Act 2014 for
the IPCC to have oversight of private sector contractors providing
services to police forces. The public has a right to expect those
carrying out policing functions to be accountable for their actions
and this provision will bring private sector contractors in line
with those staff and officers who work directly for police forces.
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