Moved by
Lord Rosser
114C: After Clause 55, insert the following new Clause—
“Accountability of public authorities: duties on police workforce
(1) Members of the police workforce have a duty at all times to act within their powers—
(a) in the public interest, and
(b) with transparency, candour and frankness.
(2) Members of the police workforce have a duty to assist court proceedings, official inquiries and investigations—
(a) relating to their own activities, or
(b) where their acts or omissions are or may be relevant.
(3) In discharging the duty under subsection (2), members of the police workforce must—
(a) act with proper expedition,
(b) act with transparency, candour and frankness,
(c) act without favour to their own position,
(d) make full disclosure of relevant documents, material and facts,
(e) set out their position on the relevant matters at the outset of the proceedings, inquiry or investigation, and
(f) provide further information and clarification as ordered by a court or inquiry.
(4) In discharging their duty under subsection (2), members of the police workforce must have regard to the pleadings, allegations, terms of reference and parameters of the relevant proceedings, inquiry or investigation, but are not limited by them, in particular where they hold information which might change the ambit of the proceedings, inquiry or investigation.
(5) The duties in subsections (1) and (2) are subject to existing laws relating to privacy, data protection and national security.
(6) The duties in subsections (1) and (2) are enforceable—
(a) by application to the relevant court or inquiry chairperson by any person affected by the alleged breach, or
(b) by the court or inquiry of its own motion, or
(c) where there are no extant court or inquiry proceedings, by judicial review proceedings in the High Court.”
Member’s explanatory statement
This would establish a duty of candour on members of the police workforce.