Policing and Crime Bill — House of Lords, 2016-11-02
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I believe that we all sympathise with the intention of the amendment. These new clauses draw on the experience of the Hillsborough families, and their fight for justice has been a long time coming. As noble Lords will be aware, the Hillsborough families received public funding for their legal costs at the fresh inquest. That was a bespoke scheme. We need to ensure that any similar action we take in the future is appropriate and proportionate. It is for these reasons that the former Home Secretary commissioned Bishop James Jones to compile a report on the experiences of the Hillsborough families, and the Government believe that it is appropriate that we should wait for his report before considering these issues further In relation to the funding of former police officers, this was a decision taken by the police and crime commissioner taking into account relevant case law and guidance on this subject. Separately, the former Home Secretary took a decision to provide a special grant to the South Yorkshire PCC in order to assist with the legal costs incurred as a result of the former officers’ legal fees. In arriving at this decision, the former Home Secretary put the concerns and interests of the families at the forefront of her thinking, together with the principle of justice and the continuation of the inquests Additionally, in taking her decision on providing a special grant, the former Home Secretary was clear that it was important that justice should not only be done, but be seen to be done. It would have been wrong to leave police and other witnesses vulnerable to claims that justice had not been done because they lacked proper legal representation. The decision was taken specifically in the context of the Hillsborough inquests and should not be seen as setting a wider precedent In the light of these issues, it would be premature at this stage to commit to any further legislation, should it be required, before we have received Bishop Jones’s report and seen its recommendations. Without prejudice to our consideration of Bishop Jones’s conclusions and recommendations, it is important that I put on record that these amendments would place a significant financial burden on the Secretary of State or, in the case of Amendment 203, on PCCs. The cost of the legal representation for the 103 families at the fresh inquest into Hillsborough amounted to £63.6 million. Clearly, the Hillsborough inquests were an exceptional case, but it does at least provide an indication of the level of financial commitment these amendments imply. It is right that your Lordships’ House takes this into consideration fully. On Amendment 202, it is also unclear to me why a PCC has a role in making a recommendation to the Secretary of State when the financial implications of that decision fall solely on the Secretary of State There are other technical issues with these amendments. For example, how would a PCC be in a position to know the funding available to other interested persons, which can include other public bodies? A PCC has no powers to inquire into the legal costs of the ambulance service or a health trust, for example The reference in the amendments to "parity of funding" also requires careful consideration. There will be significant differences between the legal advice required by a police officer or former police officer who could potentially face criminal charges and the family of a victim who are seeking justice. Does parity mean the cost, or the number of solicitors and counsel, or the level of their qualifications, with, for example, both legal teams headed up by a QC On Amendment 203, it is not clear to me whether a PCC has discretion to consider the merits of the representations he or she receives, or whether the PCC is bound to provide funding by virtue of the fact that representations have been received I accept that these are all detail points, which, while they will need to be addressed, are secondary. As I have said, the Government are firmly of the view that we should wait for Bishop Jones’s report and then determine, in the light of it, the most appropriate way forward. On the understanding that this issue is firmly on the Government’s agenda, I invite the noble Lord to withdraw his amendment.