The Security Service has a separate system for dealing with complaints. Such flexibility led to the introduction of this piece of legislation in the first place. unique in a democracy, of the security services. Indeed, the position described by the hon. Would it not be better for both officers to be subject to precisely the same discipline while part of a police joint operation? It is primary purpose is to increase the confidence that the public have within the police complaint system throughout England and Wales. The Authority shall consist of a Chairman who shall be a barrister and five members. There was agreement on the central role of the police in setting the tasks for the Security Service. Members have agonised over hypothetical cases—which we expect to be few and far between—where, for some reason, the Security Service will be involved in a joint operation, will be behind the front line of intelligence gathering and analysis, and will come in contact with a member of the public, and then there is a complaint. I do not think that there is an instant solution. If a complaint is made as a result of an action taken by an officer who is working at the National Criminal Intelligence Service, he has to be sent back to the force from which he was seconded. Member for Berwick-upon-Tweed (Mr. Beith). Complaints must be submitted in the first instance to the local police force. 1020 John Stalker became very aggravated about what took place and Colin Sampson subsequently conducted an inquiry and recommended that two security officers should be prosecuted for perverting the course of justice. Perhaps there could be further discussion with the PCA and the Security Service Tribunal and commissioner to find a way to ensure that there is no hole into which matters could fall and that the whole thing does not simply become a device through which a damaging disclosure could occur. 15:05. I am not sure that the mechanism suggested in the new clause is the right one. He knows that my experience of tribunals relates to social security and medical tribunals. I understand that, and that makes me somewhat sympathetic to what the Minister is saying. The new clause relates to the police complaints machinery. I am sorry that the hon. Order. authority to ensure the Chief Constable's powers as the appropriate authority for complaints, conduct, 1and DSI matters are carried out in accordance within the statutory and regulatory framework which is primarily set out in The Police Reform Act That will not be apparent to the general public who will not, therefore, have obvious recourse to a proper complaints procedure. The whole mechanism will have to be cranked into action in all three directions even though only one of the officers involved may appropriately be the subject of investigation. The Independent Police Conduct Authority handles complaints about the NZ Police. Act inconsistent with Constitution. Is there some risk that the complaint will fall between the two and will not be adequately investigated? The Independent Police Conduct Authority: receives complaints about misconduct or neglect of duty by police officers; receives complaints about any practice, policy or procedure of the police; oversees the investigation of complaints made to the authority or to the police; examines police investigation reports Unlike police chiefs, who usually report to mayors or other elected officials, sheriffs have fewer checks on their power. But the member of the public may be completely unaware. Brought up, and read the First time. [iii] 3. I should remind the House of the events that took place in Northern Ireland when there was precisely such an overlap. Members, was rightly gaoled for 10 years for trafficking in arms. If Security Service officials, acting under the instructions of the chief constable, misbehave in some way, cannot a complaint be levelled against the chief constable, given that he is responsible for those officials? "The way the police use their authority is definitely the public's business." That wish is understandable, but it There is no right of appeal against the tribunal's decision. He may have been a member of the Security Service, in which case you may have to make a complaint using the Security Service Tribunal and the Security Service Commissioner." The new clause does not provide an alternative system of discipline, nor does it amalgamate the two procedures. Independent Police Complaint Commission (IPCC); this was created in 2004 to replace the Police Complaint Authority. They include eavesdropping activity, in which both Security Service and police personnel were present, and similar activity undertaken as part of an inquiry agreed with the police but where the police were not present. Friend the Minister to examine one loophole in the existing arrangement. Member for Birmingham, Erdington (Mr. Corbett)—is for the Minister to ensure that not just one leaflet is sent, but several. Thereafter, the tapes of those recordings went missing. 1017 Has it been discussed with chief constables north of the border and, if so, what was their reaction to it? Nobody is above the law whether he is a police officer or a common man everyone comes under the law. That is an important safeguard and it should not be taken lightly. Whether in the context of terrorism at the moment or of organised crime operations in future, any person with a complaint will still have the same two avenues. However, such investigations must be always under the command of the appropriate chief constable. This occurs because policing is recognised as an occupation different from all others. Member for Aldridge-Brownhills (Mr. Shepherd) might learn something from reading our debates in Committee, because we were trying then, as now, to tease out the precise definitions that could be put in legislation and Ministers' precise understandings so that both the intention of Parliament and the legislation were clear. That would ensure that members of the public were not left in the position in which a hint was dropped to them that it might be worth complaining to the Security Service or some other, unspecified body, and the public would at least have some assurance that there was a body with the power and capacity to check whether that really was the case and to direct the complaint appropriately. Friends and place it in the Library. and learned Friend the Home Secretary has said it in the House—that those five key principles have been taken into account, and amendments that we made in Committee have ensured that they are incorporated in the Bill even more explicitly. 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