ConservativeHome's Interviews

Nick Herbert MP answers your questions

The new Shadow Secretary of State for Justice answers the questions that you posed here.

601: What do you think of giving judges "investigative" powers?

First of all, can I thank Conservative Home for giving me the opportunity to answer these questions?  Getting a read-out of activists' concerns is itself very useful as I begin this new job.

I'm willing to consider any serious proposal to improve our system of justice, and I think we need to be especially open-minded about reforms when it comes to ensuring national security.  Introducing investigatory magistrates along the French line would, though, be a pretty radical departure from the English legal system.  The Home Office admits that we could not simply incorporate elements of the investigatory procedure into our system: we would have to address our whole legal culture.  I'm told that in France there's increasing disquiet over the system, with people are starting to feel that it means prosecuting judges are too close to the judges who hear trials.

I'll look more carefully at this, and there may for instance be some limited application in relation to the use of intercept evidence, but generally my instinct is that the police should retain control over investigations.  It's obviously important to retain the independence of the judiciary, but it's also important that prosecutions are led by police officers and a Crown Prosecution system which are both publicly accountable.   I'm particularly interested in how effective that accountability is.

Simon: Why do our police force resemble that of Springfield's police force under the 'dynamic' leadership of Chief Wiggum? For example: my car was written off by a gormless driver- no fault of my own. Whilst having PC Plod at the scene, I had him come up to me and say 'the treads on your tyres are a little thin'!!! He was not joking. I'm surprised i kept me gob shut on THAT one. Could we have DCI Gene Hunt made Home Secretary please? Less 'softly, softly'- thank you.

I think David Davis would be a safer bet!  No-one should want to turn the clock back to the bad old days of cops like DCI Hunt framing suspects or beating them up in the cells.   But I do think we need to restore discretion to police officers, get them back out on the streets, and return some common sense to crime fighting.  I set out my proposals to enhance police accountability and drive up performance in "Policing for the People", which can be seen at www.policereform.com.  The Government immediately responded by launching its own review purporting to cover the same ground, but the new Home Secretary has already expressed opposition to one key element, directly elected police commissioners.   It'll be for David Davis and my successor as Shadow Minister for Police Reform, David Ruffley, to decide how our ideas are taken forward.

Any questions for Nick Herbert?

Nick has been the MP for Arundel & South Downs since May 2005. In December 2005 David Cameron appointed Nick as the Shadow Minister for Police Reform, and in July 2007 he was promoted to the Shadow Cabinet as Shadow Secretary of State for Justice responsible for policy on prisons, constitutional issues, criminal law, courts and sentencing.

Prior to his election Nick was the Director of Reform, the independent think tank which he co-founded in 2002.  Reform aims to “set out a better way to deliver public services and economic prosperity” and has been described by commentators as “the most important think tank to emerge for a decade”.

Before that, from 1998 to 2000, Nick was Chief Executive of Business for Sterling, where he launched the successful ‘no’ campaign against the euro.  He continues to believe that too much power has been transferred to the European Union and that the process not only needs to be halted but also now put in reverse so that powers are returned to national parliaments where they belong.

If you have any questions for Nick please leave them in the thread below.