Question by  Mr Terry Deans

I understand that employees of the CJS (Police officers etc..)  are suspended, pending outcomes of any investigation regarding any alleged 'misbehaviour'.  Recently, high profile examples of this have occurred in political parties regarding investigations of alleged antisemitic comments. 'Suspension pending investigation' is standard practice throughout professional bodies. The integrity of the PCC is being widely questioned in local, national and social media and this undermines police and public confidence in the PCC's ability to discharge her duties.  In respect of these points here, I would like to ask why Alison Hernandez seems to be exempt from this regulation?

Response by Councillor Croad (Chair)

The Panel is unable to make comment on the disciplinary procedures of organisations or political parties external to the Office of the Devon, Cornwall and Isles of Scilly Police and Crime Commissioner as they fall outside of the functions of the panel. 

Regarding suspension of a Police and Crime Commissioner, regulations relating to the conduct of the Police and Crime Commissioner are laid down in the Police Reform and Social Responsibility Act 2011 (Chapter 4, Section 30-31 and Schedule 7) and The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012.

The panel has the power to suspend the Police and Crime Commissioner if it appears to the panel that the Commissioner has been charged in the United Kingdom or Isle of Man with an offence which carries a maximum term of imprisonment exceeding two years.

Regarding alleged matters of conduct, the Panel has delegated the handling of complaints to the Office of the Police and Crime Commissioner (OPCC).

The OPCC have made a referral to the Independent Police Complaints Commission regarding alledged matters of conduct, this referral has been made in full consultation with the Chair of the Police and Crime Panel, Councillor Roger Croad and is in line with statutory process. 

The referral relates to allegations about election expenses and potential breaches of electoral law on expenses in the Torbay constituency during the 2015 general Election campaign, where Alison Hernandez was the election agent for the Conservative candidate.  In any instance where there is a potential serious conduct issue regarding a serving Police and Crime Commissioner the matter must be referred to the IPCC.

Question by Mr Chris Elliott

Alison Hernandez was sworn in as PCC while implicated in a criminal investigation that could lead to her being debarred from public office. Does the Panel believe that the public should have confidence in Ms Hernandez while her previous conduct is being examined in this way?

Response by Councillor Croad (Chair)

Regarding alleged matters of conduct, the Panel has delegated the handling of complaints to the Office of the Police and Crime Commissioner (OPCC).

The OPCC have made a referral to the Independent Police Complaints Commission regarding alledged matters of conduct, this referral has been made in full consultation with the Chair of the Police and Crime Panel, Councillor Roger Croad and is in line with statutory process. 

The referral relates to allegations about election expenses and potential breaches of electoral law on expenses in the Torbay constituency during the 2015 general Election campaign, where Alison Hernandez was the election agent for the Conservative candidate.  In any instance where there is a potential serious conduct issue regarding a serving Police and Crime Commissioner the matter must be referred to the IPCC.

This extraordinary meeting has been called by members to scrutinise and review the decision taken by the Police & Crime Commissioner to proceed with her swearing in, and continuing discharge of Commissioner functions, whilst she is linked to an ongoing police investigation.

Question 2 by Mr Chris Elliott

The day before Ms Hernandez took office it was announced that West Mercia Police had agreed to a request by Chief Constable Sawyer to carry out an independent investigation into the improper electoral campaign spending allegations which involve Ms Hernandez. The next day when asked about it on BBC TV Ms Hernandez said “the whole thing is political” and nothing but a “storm in a teacup”. Do the panel agree that these comments are incompatible with her oath?

Response by Councillor Croad (Chair)

Regarding alleged matters of conduct, the Panel has delegated the handling of complaints to the Office of the Police and Crime Commissioner (OPCC).

The OPCC have made a referral to the Independent Police Complaints Commission regarding alledged matters of conduct, this referral has been made in full consultation with the Chair of the Police and Crime Panel, Councillor Roger Croad and is in line with statutory process. 

The referral relates to allegations about election expenses and potential breaches of electoral law on expenses in the Torbay constituency during the 2015 general Election campaign, where Alison Hernandez was the election agent for the Conservative candidate.  In any instance where there is a potential serious conduct issue regarding a serving Police and Crime Commissioner the matter must be referred to the IPCC.

This extraordinary meeting has been called by members to scrutinise and review the decision taken by the Police & Crime Commissioner to proceed with her swearing in, and continuing discharge of Commissioner functions, whilst she is linked to an ongoing police investigation.

Question by Ruth Wilson

How can the public have confidence in the Commissioner"s ability to carry out her role with integrity, when she is currently under investigation for election fraud? Any other professional in this situation would be suspended. Why has Ms Hernandez been exempt from this most basic standard of public service?   How will the panel ensure that public confidence in this post is not fatally comprimised by the unwillingness of the postholder to stand down during the course of the police investigation into election fraud in Torbay?

Response by Councillor Croad (Chair)

Regarding alleged matters of conduct, the Panel has delegated the handling of complaints to the Office of the Police and Crime Commissioner (OPCC).

The OPCC have made a referral to the Independent Police Complaints Commission regarding alledged matters of conduct, this referral has been made in full consultation with the Chair of the Police and Crime Panel, Councillor Roger Croad and is in line with statutory process. 

The referral relates to allegations about election expenses and potential breaches of electoral law on expenses in the Torbay constituency during the 2015 general Election campaign, where Alison Hernandez was the election agent for the Conservative candidate.  In any instance where there is a potential serious conduct issue regarding a serving Police and Crime Commissioner the matter must be referred to the IPCC.

This extraordinary meeting has been called by members to scrutinise and review the decision taken by the Police & Crime Commissioner to proceed with her swearing in, and continuing discharge of Commissioner functions, whilst she is linked to an ongoing police investigation.