Why are we arming the British Transport Police?

No good reasons or good evidence have been disclosed.

When the government announced that the British Transport Police were going to gain "armed capability" it all seemed rather depressing.

In part, this adverse reaction was because the steady creep of arming civilian police officers was now almost complete, as the BTP is effectively the last police force without its own armed officers; in part, it was because of the memories of the killing of Jean Charles de Menezes at Stockwell Tube Station; and in part, it was because of the truth universally acknowledged that any uniformed person at a train station will invariably lack any common sense.

Accordingly, it was not news that was immediately encouraging, and it certainly was not something that made one feel safer.

However, one must put aside prejudices and see if such a significant development was needed.

One would think that there would be good reason for arming the BTP; that it must have been a thought through process.

Let's start with the ministerial statement, which reads:

The Government is committed to the security of the country and as such keeps our capabilities under constant review. As part of this, I am today announcing, with the agreement of my Right Honourable Friend the Home Secretary, that the security of the railways and London Underground will be further enhanced by the development of a British Transport Police (BTP) armed capability that will be deployed as appropriate in response to the terrorism threat level at any given time.

The Government has been considering the resilience of the overall police armed capability and has concluded that it would be beneficial to enhance this by providing the BTP with an armed capability of its own. The timing of this is not as a result of any specific threat: it is a sensible and pragmatic approach to ensuring that our police forces have the right resources to be able to respond as and when needed to protect the public.

By sanctioning the development of this armed capability, we will reduce the burden on other police forces which currently provide armed support to the BTP. This is not a major new capability in terms of overall armed policing, but by training BTP officers to carry out armed patrolling of the rail network it equips BTP with a capability already available to other police forces. Armed patrols will be deployed according to operational need - it will not be a daily event to see armed officers at stations.

We will continue to work with the BTP and others to assess the use of this capability and its effectiveness and impact. I would like to reassure Parliament that this is a measured and proportionate approach to supporting the BTP in maintaining public safety on the railway.

So it would appear that it is indeed for good reason: "considering the resilience of the overall police armed capability....beneficial to enhance this by providing the BTP with an armed capability of its own... a sensible and pragmatic approach... reduce the burden on other police forces... I would like to reassure Parliament that this is a measured and proportionate approach to supporting the BTP in maintaining public safety on the railway."

I asked the BTP how much this would cost:

£1.5m including procurement / training, ongoing costs are approximately £300,000 a year.

This is a significant amount, at least at a time of substantial budget cuts across central government.

One would thereby expect that the costs of the current practice of using armed officers as necessary from other police forces would have been costed. After all, the Minister had said that it was important to "reduce the burden on other police forces". I asked the BTP how much the current practice cost them:

Armed officers from other forces regularly respond to incidents on behalf of BTP. There is no cost to BTP.

Fair enough, I thought. Perhaps it is a cost for other police forces, and not the BTP. But at least the BTP could tell me how often they do call upon armed officers from other forces over the last few years.

BTP does not have this information immediately available.

This was astonishing.

I even waited a day or two to see if they could find out. One would think that given an expensive procurement exercise, and the wider public interest in arming the police, someone at the BTP would know.

But it would seem not: nobody appeared to have this information.

However, the BTP were going to arm their police and commit to a lengthy procurement exercise anyway.

I also asked about the evidence behind some of the other contentions which had been made for arming the BTP. For example, why was it contended that the sight of armed BTP officers would "reassure the public"? What particular evidence is there for this contention?

The primary purpose is to increase resilience, improve response and deter potential terrorists. We hope that the public will feel that everything is being done to ensure their safety and security, but we are very aware of the danger of alarming rather than reassuring them. The policing style will be important and we will be endeavouring to integrate armed patrols into normal policing.

So there was a "hope" but no evidence.

What about the contention that the officers will be "an added deterrent to potential terrorists"? What particular evidence was there for this contention?

The deployment of armed officers at vulnerable locations - whether that be airports or other potential targets for terrorism is a well established response to threat.

Again, no evidence.

Importantly, the ministerial statement does not pretend that there is any specific threat to which this is a response. On closer examination the sequence of bureaucratic assertions in the rest of the ministerial statement do not appear to have any real meaning either.

All that has happened is that the BTP have taken upon themselves to ask to be armed, and at significant expense, even though they seem to have no idea how often armed assistance as ever been required in the last few years. They can only "hope" that we will be reassured.

I asked the Department of Transport for whether armed police would become as common a sight at train stations as they are at airports. Their answer:

These will be operational decisions taken by the BTP.

But as BTP stated:

Armed patrols at transport locations are not new. They are seen daily at airports throughout the UK. The deployment of highly visible armed officers is a nationally recognised operational tactic designed to provide deterrence, immediate response and reassurance.

I also asked the Department of Transport whether this cross government policy was imposed on the BTP. No, it simply came from the BTP:

Last December the BTP submitted a request to the Government for approval to strengthen their resources with an armed capability. These proposals have been carefully considered across Government before this decision was taken.

The BTP had deployed the resource argument:

Until now, armed patrols have been provided by geographic forces, which in itself is a drain on specialist resource which is under increasing demand, particularly at times when threat is heightened or specific intelligence exists. As a result of this pressure on existing resources it has been agreed that there is a need to increase the number of officers available to provide armed patrols when required.

However, as we have seen, the BTP do not seem to know the extent of this "drain" and "increasing demand". And one rather suspects the Department of Transport do not know either, and has just accepted the BTP's word for it.

So we have more armed police, and at more expense, but not in respect of any specific threat or for any apparent operational need. It may well be that there is good reason and good evidence; but this has not been disclosed.

As it is, the introduction of armed officers at the BTP is consistent with them casually wanting to have an armed unit, and the Department of Transport just as casually nodding it through. Soon, just as casually, we will undoubtedly get used to armed police at train stations and boarding trains.

And then, one day, someone will get shot.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The 11 things we know after the Brexit plan debate

Labour may just have fallen into a trap. 

On Wednesday, both Labour and Tory MPs filed out of the Commons together to back a motion calling on the Prime Minister to commit to publish the government’s Brexit plan before Article 50 is triggered in March 2017. 

The motion was proposed by Labour, but the government agreed to back it after inserting its own amendment calling on MPs to “respect the wishes of the United Kingdom” and adhere to the original timetable. 

With questions on everything from the customs union to the Northern Irish border, it is clear that the Brexit minister David Davis will have a busy Christmas. Meanwhile, his declared intention to stay schtum about the meat of Brexit negotiations for now means the nation has been hanging off every titbit of news, including a snapped memo reading “have cake and eat it”. 

So, with confusion abounding, here is what we know from the Brexit plan debate: 

1. The government will set out a Brexit plan before triggering Article 50

The Brexit minister David Davis said that Parliament will get to hear the government’s “strategic plans” ahead of triggering Article 50, but that this will not include anything that will “jeopardise our negotiating position”. 

While this is something of a victory for the Remain MPs and the Opposition, the devil is in the detail. For example, this could still mean anything from a white paper to a brief description released days before the March deadline.

2. Parliament will get a say on converting EU law into UK law

Davis repeated that the Great Repeal Bill, which scraps the European Communities Act 1972, will be presented to the Commons during the two-year period following Article 50.

He said: “After that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.”

In other words, MPs will get to debate how existing EU law is converted to UK law. But, crucially, that isn’t the same as getting to debate the trade negotiations. And the crucial trade-off between access to the single market versus freedom of movement is likely to be decided there. 

3. Parliament is almost sure to get a final vote on the Brexit deal

The European Parliament is expected to vote on the final Brexit deal, which means the government accepts it also needs parliamentary approval. Davis said: “It is inconceivable to me that if the European Parliament has a vote, this House does not.”

Davis also pledged to keep MPs as well-informed as MEPs will be.

However, as shadow Brexit secretary Keir Starmer pointed out to The New Statesman, this could still leave MPs facing the choice of passing a Brexit deal they disagree with or plunging into a post-EU abyss. 

4. The government still plans to trigger Article 50 in March

With German and French elections planned for 2017, Labour MP Geraint Davies asked if there was any point triggering Article 50 before the autumn. 

But Davis said there were 15 elections scheduled during the negotiation process, so such kind of delay was “simply not possible”. 

5. Themed debates are a clue to Brexit priorities

One way to get a measure of the government’s priorities is the themed debates it is holding on various areas covered by EU law, including two already held on workers’ rights and transport.  

Davis mentioned themed debates as a key way his department would be held to account. 

It's not exactly disclosure, but it is one step better than relying on a camera man papping advisers as they walk into No.10 with their notes on show. 

6. The immigration policy is likely to focus on unskilled migrants

At the Tory party conference, Theresa May hinted at a draconian immigration policy that had little time for “citizens of the world”, while Davis said the “clear message” from the Brexit vote was “control immigration”.

He struck a softer tone in the debate, saying: “Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge.”

The government would try to win “the global battle for talent”, he added. If the government intends to stick to its migration target and, as this suggests, will keep the criteria for skilled immigrants flexible, the main target for a clampdown is clearly unskilled labour.  

7. The government is still trying to stay in the customs union

Pressed about the customs union by Anna Soubry, the outspoken Tory backbencher, Davis said the government is looking at “several options”. This includes Norway, which is in the single market but not the customs union, and Switzerland, which is in neither but has a customs agreement. 

(For what it's worth, the EU describes this as "a series of bilateral agreements where Switzerland has agreed to take on certain aspects of EU legislation in exchange for accessing the EU's single market". It also notes that Swiss exports to the EU are focused on a few sectors, like chemicals, machinery and, yes, watches.)

8. The government wants the status quo on security

Davis said that on security and law enforcement “our aim is to preserve the current relationship as best we can”. 

He said there is a “clear mutual interest in continued co-operation” and signalled a willingness for the UK to pitch in to ensure Europe is secure across borders. 

One of the big tests for this commitment will be if the government opts into Europol legislation which comes into force next year.

9. The Chancellor is wooing industries

Robin Walker, the under-secretary for Brexit, said Philip Hammond and Brexit ministers were meeting organisations in the City, and had also met representatives from the aerospace, energy, farming, chemicals, car manufacturing and tourism industries. 

However, Labour has already attacked the government for playing favourites with its secretive Nissan deal. Brexit ministers have a fine line to walk between diplomacy and what looks like a bribe. 

10. Devolved administrations are causing trouble

A meeting with leaders of Scotland, Wales and Northern Ireland ended badly, with the First Minister of Scotland Nicola Sturgeon publicly declaring it “deeply frustrating”. The Scottish government has since ramped up its attempts to block Brexit in the courts. 

Walker took a more conciliatory tone, saying that the PM was “committed to full engagement with the devolved administrations” and said he undertook the task of “listening to the concerns” of their representatives. 

11. Remain MPs may have just voted for a trap

Those MPs backing Remain were divided on whether to back the debate with the government’s amendment, with the Green co-leader Caroline Lucas calling it “the Tories’ trap”.

She argued that it meant signing up to invoking Article 50 by March, and imposing a “tight timetable” and “arbitrary deadline”, all for a vaguely-worded Brexit plan. In the end, Lucas was one of the Remainers who voted against the motion, along with the SNP. 

George agrees – you can read his analysis of the Brexit trap here

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.