Simon Jenkins
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Should he resign or not? There is only one thing for sure about the fate of London’s top policeman after last week’s guilty verdict over the de Menezes shooting. It is that accountability in British public administration has collapsed.
Every 10 days Britain’s police kill someone by crashing their cars. Of those deaths, 21 in the past two years were of people unconnected with any chase and who were innocent of any crime. They were victims of “response time” targets set for each force by the Home Office, which is why the number of police crashes increases each year.
There has been no high profile health and safety inquiry into these deaths, each one as tragic for the bereaved as that of de Menezes. Is the police driver to blame, or the operational commander, or perhaps the home secretary?
Car crashes are presumably seen as accidents, unlike shooting people in the head. Yet both are the outcome of operations designed to protect the public that went disastrously wrong. To regard a chief constable as responsible for a death by shooting but not by car-crashing requires a high degree of culpability to attach to him.
The de Menezes affair appears to have been a shambles from start to finish and continues to be. After the July 7 London bombs the public assumed that a rigorous procedure was in place for watching and apprehending suspects. This was clearly not the case. Nineteen charges were laid at the police’s door by the Old Bailey prosecutors, yet the police refused to concede that anything had gone wrong, beyond what might be termed a catastrophic accident.
That said, the police were understandably desperate not to have health and safety officials tell them, through a judge, how to manage sensitive counter-terrorism operations. On their basis, as Sir Ian Blair pointed out, if his unarmed officers had been blown up by tackling a bomber before he entered the Tube, the police would also have been prosecuted for letting them take the risk. Lord Stevens, Blair’s predecessor, found himself in the dock at the Old Bailey in 2002 on just such a charge, courtesy of the Health and Safety Executive.
Pursuing a criminal negligence charge against the “office” of the police commissioner - over an incident when all London’s safety was at risk - contrived to stall the inquest, postpone an Independent Police Complaints Commission (IPCC) report and halt any action by the de Menezes family. It forced the police into extreme defence mode, refusing to admit fault for fear of aiding the prosecution and abetting a future suit for damages. The British judicial system can be rotten.
We are still no nearer to knowing who or what was at fault. The Crown Prosecution Service (CPS) turned what should have been a meticulous (and swift) investigative inquiry into a £3m adversarial spectacular before a jury. The two men who killed de Menezes were not even called to give evidence. Fining the taxpayer, via the police, neither rectified any damage nor offered any incentive to better performance. The whole farrago carries more than a hint of officials using the criminal law, not for any public good, but to line the pockets of a rampant health-and-safety inspection and equipment industry.
The government of Britain’s police has been in turmoil since Kenneth Clarke and Michael Howard tried to bring it under Whitehall command in 1993. Parliament stopped them but every home secretary since has been straining for the same goal. Not one of the 43 provincial forces has known whether it will exist a year hence. The only policy has been of drift and incompetence. Two years ago the Home Office even set up its own “FBI”, the 4,000-strong Serious Organised Crime Agency, blowing £400m in what appears to have been a bureaucratic fiasco. The body is reportedly close to collapse.
As for the Home Office’s thesis that it is uniquely competent to manage the rest of the nation’s police, the one force it managed throughout the 20th century, the Met, long featured as the least efficient in Britain. The fact that London officers still refuse to patrol any street single-handed, as once they did, shows how far the unions run the management.
Formal responsibility for the Met was moved in 2000 from the home secretary to the elected citizens of London. But it was only half moved. The home secretary still appoints the commissioner, the mayor provides his budget, the Metropolitan Police Authority determines “nonoperational” policy and the Home Office meddles every day of the week with some headline-grabbing initiative.
It is a racing certainty that if a terrorist had indeed been shot in Stockwell that 2005 morning, not just the police but Tony Blair, the then home secretary Charles Clarke, Ken Livingstone, Uncle Tom Cobleigh and all would have claimed the credit. British accountability means that everyone is responsible when things go right and nobody when they go wrong.
Success has a hundred fathers, failure is an orphan.
The truth is that the gigantism now infecting Britain’s public sector has thoroughly tangled lines of political and institutional responsibility. Should Gordon Brown have resigned for wasting £2 billion with his tax credits? Should Tessa Jowell have resigned over her fraudulent Olympics estimates, costing the public an extra £6 billion and rising? Should Jacqui Smith resign over last week’s dud immigration figures?
Who bears responsibility for the deaths of hundreds of Britons from hospital infections, almost certainly the result of the privatisation of cleaning services? Should it be the Tory health ministers who instituted the policy or Labour ministers who failed to reverse it? When should “responsibility” mean resignation?
All we know is that not a week passes without something going wrong somewhere in the public sector and an almighty row ensuing over “whom to blame”. The reason is that the dinosaur’s head is too far from its foot.
The nearer a school, hospital or police force is to its client the easier it is to identify responsibility and thus allocate blame. In the private sector, blame attaches to whoever makes the mistake. The same applies in properly “tiered” democracies. In most cities abroad, a poorly performing school, a corrupt planning decision or a fiscal scandal is accounted to the elected mayor. If the relevant service is provincial, it is to the governor, if national to the minister. Accountability is clean. The franchise bites at each tier.
In Britain nothing bites but an occasional general election. Nobody down the ladder of public administration accepts blame since performance is dictated by Whitehall. The reason why so many police cars crash is that government offers more money the faster that 999 calls are answered. Hospitals are dirty because ministers want cash diverted to lower waiting times. Yet when these policies go awry, the centre pushes blame back down the line.
Ministers resign only when caught with the wrong woman or the wrong mortgage. As a result, the public’s one recourse is to set the press onto the most high-profile beast, separate it from the herd and hound it to death.
Accountability becomes a random bloodsport. Blair is experiencing it this weekend, while de Menezes’s actual killers, their operational superiors and the home secretary, who claims responsibility for counter-terrorism, all go scot free.
The basis on which Blair is being challenged to resign is not one that British politicians any longer recognise. Although he was not involved in the decisions that led to de Menezes’s death, he was conveniently exposed. The public wanted a scalp. The government, in the shape of the attorney-general as head of the CPS, saw an opportunity for getting one cheap from an Old Bailey jury.
Blair has committed plenty of gaffes, but they have largely been a result of his love for publicity and for playing politics. He appears to have reacted to the de Menezes killing in a detached and initially obstructive way. As a result he continues to lack the confidence that his office needs to be effective. But he should not be sacrificed to a squalid health and safety gambit that can only make the job of counter-terrorism harder.
We have yet to see the outcome of the IPCC inquiry into the affair, to be delivered this week. Blair’s culpability may then be more clearly established. But when certain politicians cry the virtue of chiefs taking the rap for their subordinates’ errors, I ask, since when did they suddenly believe in that?
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I agree with much of this - accountability should be push downwards as far as possible.
Two points, however:
1. It's not just the government but also the press who are in an unholy alliance to portray all local mistakes as national failures.
2. It is factually inaccurate to claim that police forces are funded on the basis of speed of response to 999 calls. That is simply not the case. Forces are funded (broadly) along the lines of a need-based formula, to do with population size etc. Their performance is measured on a wide range of indicators, including response times, but sadly that has nothing to do with funding.
RAB, London,
As I understood it, the reason why this country maintained separate regional police forces had nothing to do with efficiency. It was a matter of the separation of powers; and that was in the days of Dixon of Dock Green. If this point had any relevance, then if the Home Office does get control of the regional police forces this country will be a police state in every sense of the word.
Henry Percy, London, UK
Alistair Price.
"If you have neve rmade a commnad decision nor faced a lifrehtreatening situation and made a judgment you are not qulaified to comment in such derogatory terms. "
One doesn't need to be qualified to give an opinion on something as serious as this. The victim of this killing was a member of the public. Menenez could have been me or you. That, in itself, is qualification enough.
P.S. Please check through your comments for typos in future.
You may know what you mean but we shouldn't have to re-read nearly every other word to understand you. Do you talk like this, as well? (Don't reply - PLEASE!)
Mike, Lincoln,
You officers who shot Mr de Menezes should be prosecuted for manslaughter if not murder.
I thought I read that one officer had shot seven bullets into his head. If that is the case,that officer should be singled out and prosecuted severely.
One bullet,perhaps even two;but SEVEN bullets,into the head!
The cop must have been out of control to fire and keep firing.
With cops like these who needs terrorists? I don't know which I fear most.
Colin, Kelowna BC, Canada
19 operational failures for which no one is accountable looks pretty systemic to me. Blair must go.
Geoffrey, Sydney,
The above comments show sort - sighted and ill informed views of accountability and responsiblity.
They focus on a very small number of incidents where things have not developed as operationaly intneted.
At this minute in policing youngofficers and their more experienced commnaders are mamking life and death judgmeents and dischasrging the activity to support that in an effective and safe manne.
In short the incidnets commneted upon above are attoned for many times over.
If you have neve rmade a commnad decision nor faced a lifrehtreatening situation and made a judgment you are not qulaified to comment in such derogatory terms.
And actually I'm not apolice officer!
Alastair Price, Hereford,
There is no sense of 'personal honour and integrity' within government or its agencies. Irrespective of personal involvement, the Commissioner is ultimately responsible for what his force does; otherwise we could expect the post to be removed from the establishment. The question he should ask himself is, 'do I, personaly, have the confidence of my personnel and the public?' If not, then an honourable man would resign for the good of the force.
The list of public officials resigning for these reasons grows smaller with every decade.
jonathan mills, Brighton,
A very sharp and accurate article. The bottom line is of course that no one in authority is held responsible. Even more importantly is that accountability is non-existant. Politicians are not accountable in any meaningful way for the dreadful decisions they make so the whole disgusting situation goes from bad to worse. Come back Margaret all is forgiven.
kenneth Wheatley, St Pée sur Nivelle, France
Thank you, Simon Jenkins, for saying precisely what I have been thinking. No personal fault on the part of Sir Ian Blair has yet been established. The de Menezes affair was hideously botched, but, as the judge said, the criminal case dealt with errors occurring on a single day, and the jury expressly exonerated the operational commander. It seems that there was a concatenation of events that led to the dreadful killing of an innocent man, and that this could not not be attributed to the failings of any particular individual. If Blair engaged in obstruction, disinformation or a cover-up, that would call his position into question. Otherwise, for the leaders of two political parties to call for his resignation is pure hypocrisy, since it is certain that they would not resign themselves for errors in which they were not personally involved. However, I will remember their words if in future the issue of their own resignation becomes relevant.
Cathy , Bristol, Uk
Why could police in Birmingham arrest an actual terrorist from the failed July 21 bombing with a taser whilst the Met shot an innoncent man with 7 dum dum bullets?
Could it be the same mindset that resulted in the killing of Harry Stanley for the crime of having a Scots accent whilst carrying a chair leg?
Eddie Reader, birmnigham, england
Responsibility for the killing of JC de Menezes ultimately rests with the guys who put the bullets in him. They have to be held accountable for their failure of judgement.
Londoners can have no confidence in the Met while they walk free and their leader remains as Chief Commissioner.
sam_m, london,
There are simply too many politicians trying to micro manage every aspect of human life. The all seem to be trying to vie for publicity, with this initiative or that. Everyone knows that these initiatives are completely self serving. They are expensive. Thay ususualy fall foul of the law of unintended consequences and result in eventual u turns.They are devised to draw attention to the politicain - look what a good idea - what a good job I'm doing. The problem is that these people have for the most part neither the skill or experience to manage anything more important than a franchised burger bar. And that may be a complement too far. What we need is less of these creatures and more freedom for those at the sharp end to be accountable to do their job properly.
Diddly Do, Liverpool,
it is perhaps a little unfortunate for the for oofficers who shot and Killed Demenzes bu they ended a mans life in a manner that under most circumstances would have been considered first degree murder every firearms officer knows that they fun the risk of prosecution if they kill in circumstances that are wrong
One mus ask what the consequences for Demenzes would have been had he managed to get free from his assassins and kill them to preserve his own life.
if we aglow police officers to kill innocent m embers of the pubic the we are no better than the terrorists we are fighting
these officers should be put on trial for murder
pete Batchelor , Milton keynens,
The reason no one is accountable in great Britain today is because no one will make a decision. We now have lengthy consultations followed by committe meetings about policy from which no one individual is accountable. As regards doing the honourable thing that disappeared when the gravy train and corruption started in earnest in government. Mr Charles de Menezes was killed. His death should be tried in a court of law and the two policemen's actions should be put to a jury who will decide whether he was murdered or it was manslaughter. The cosy little club the Police run where they cordon off any crime scenes and then bend over backwards to make sure any evidence of their wrongdoing is neatly lost. Public confidence in the Police is lost. The Police have now reached the stage where they are a government tool to use and abuse as the government thinks fit. The bobby on the beat living in his community should return. It looks like no change at the Home Office when Ms Smith backs Ian Blair
R.Allely, Cardiff, Wales
"Every 10 days police kill someone by crashing their cars" .
Can you stand that statisic up by giving us a reference for it?
I doubt it and look forward to a response.
Alex, Glasgow,
Just like at Hillsbro` the police pass the buck,blame everyone else, and attempt to slander thge victims.
Just as worrying aws the inability to think on their feet. The plan goes wrong, but the still carry on digging an even deeper hole .
Why could they not have had the Tube Stn barriesr shut,or the Traffic Lights altered to allow time for the Armed Response team to catch up ?
Where was the leadership ? (and liason)
The sad fact is most senior officers have read all the books and attended all the seminars,but lack any "street wisdom"
Wizz kids are just that : They wizz from Station to Station without actually learning anything..
Peter Bolt, Redditch, UK
Everything you say about accountability is true, but in the killing of Mr. de Menezes perhaps 19 operational errors are too many to take in. The essential failing was this: if the Met expected a suicide bomber to emerge from the block of flats in Tulse Hill fully loaded and on a renewed suicide mission, then arrangements should have been in place to take down the "suicide bomber", if necessary with lethal force, as soon as he stepped outside. On the other hand, another assumption would have been that the abortive missions of the day before were all that the suspects could do, but one suspect, if followed, would lead to the other suspects. The Met appears to have started on the second assumption, and then switched to the first scenario in a panic when the suspect, so surprisingly, got on a tube. Mr. de Menezes died because on that day, in that vital operation, the Met had no clue what it was doing, and that has to be laid at the door of Sir Ian Blair.
ROJ, London,