Police Reform and Social Responsibility Bill
(Limited Text - Ministerial Extracts only)
Read Full debate15:41 - Division on Amendment 103A - Ayes: 180 / Noes: 197 - Amendment 103A, as an amendment to Amendment 103, disagreed.
16:54 - Division on Amendment 106 - Ayes: 199 / Noes: 224 - Amendment 106 disagreed.
Lord Hunt of Kings Heath
My Lords, we have had a series of debates during the passage of this Bill about the role of the police and crime panel in scrutinising the performance of the police and crime commissioner. The Minister herself has emphasised on a number of occasions the importance of the panel in doing that.
For these panels to do their jobs effectively, they surely have to have a certain amount of leverage. This Bill in effect gives them only two levers; they can veto the appointment of a chief constable, and they can veto the precept that the police and crime commissioner wishes to set. Of course, on other matters it can be consulted and there can be dialogue, but it is very clear from the Bill that the elected party political commissioner can ignore completely any input from the panel unless it exercises the veto. In the past few days we have seen one of the products of a weak regulator, the Press Complaints Commission. That surely shows the problem of having of weak regulators with very few levers. My concern with these new arrangements is that we are establishing police and crime panels inevitably to fail because their influence over elected police commissioners is likely to be limited. The veto in the original Bill was set at a very high level indeed, with a 75 per cent requirement of the members to vote in favour of veto. The Government hinted in the other place that they would be prepared to reduce it and we now see the product of that in the amendment that I am sure the noble Baroness will speak to in a moment.
The question is whether a two-thirds veto is sufficient. Like my noble friends, I do not think it is. To be effective, the police and crime commissioner must surely feel or fear that if he or she were to go too far there would be a risk that the panel would veto his or her proposals. I am speaking here about the precept.
To get a two-thirds majority of the members still places the bar at an impossibly high level. That is why I very strongly support my noble friend and I have tabled an amendment along the same lines calling for a simple majority of those present and voting. The phrase “of those present and voting” is well known to all noble Lords who have taken part in public life. Remarkably, it is not to be found in the Bill. The veto requirement refers to the members of the panel. I very much support my noble friend Lady Henig in wishing to ensure not only that a simple majority is required but that it should be of the members present at such a meeting. I have also laid an amendment to Amendment 103 of the noble Baroness, Lady Browning, so even if the House settles on two-thirds as the majority figure, it ought to be of those members present and voting.
Maybe I have confused the wording of the amendment because I see the noble Baroness perhaps assuming that that is what it says. My reading is that it is two-thirds of the membership.
Lord Hunt of Kings Heath
It is. Why is that? It is normally of those present and voting. It seems to me that simply by not being there you count as an assenter—a dissenter, if you like, from a proposal to veto a precept. It seems rather an extraordinary state of affairs.
I refer the noble Baroness to later amendments where the Government propose that an elected mayor within the area of a police force becomes members of the police and crime panel automatically. I am not arguing about the principle, but elected mayors are going to have many other responsibilities apart from serving on police and crime panels. One can think of a number of metropolitan areas so it is quite likely that under the noble Baroness’s amendment a considerable number of elected mayors will serve on the panels. However, there will be circumstances in which such people will not be able to be present at a meeting of the police and crime panel and because of the noble Baroness’s amendment the numbers relevant to the veto are the members rather than those present and voting. It seems to me a rather extraordinary state of affairs that simply by being away or being ill you add to the threshold that would have to be reached if a veto were to be exercised. I hope the noble Baroness will be prepared to give that point further consideration. It is a very odd state of affairs.
Baroness Browning
Lord Hunt of Kings Heath
My Lords, my noble friend Lady Farrington takes us back to the core of the debate. Of course, the question is: which Michael Howard? I very much agree with my noble friend that the problem we face is that we do not accept that police authorities have failed in the way that the Government say they have. We also do not accept that the police authority should not be the model that might be used to develop the police and crime panels. These issues of political balance and the role of independent members are very important. I should have thought that the model of the police authority was one to be followed.
I know that the noble Baroness has tabled her own amendments. Their intention is to keep the same model as is currently in the Bill but to allow areas to increase their representation by co-opting additional members from existing local authorities or additional independent members, with a cap of 20 members in all. I welcome that as far as it goes. My concern is that I am not sure it is entirely appropriate to give complete discretion to the police and crime panels themselves. If we are preserving any remnant of a tripartite system, it is right for the Home Secretary to lay down through legislation certain minimum requirements for police and crime panels, such as that there should be political balance and a proportion of independent members. That is why I very much warm to my noble friend’s amendment.
The noble Lord, Lord Shipley, raised the issue of substitutes. The problem is that the House has now decided, by voting, that the decision will not be that “of those present and voting”. However, the House has not solved the evident problem that, by making sure the veto can be used only in relation to the number of members, there are all sorts of reasons why it will be almost impossible ever to use it. One thinks of illness. I understand that there is no proposal for how to deal with that. What happens if the local authority is setting its own precept at the time that the panel meets and a member of the panel has to attend? In some areas, we are talking about a large number of local authorities. The idea that a noble Lord can come to the Dispatch Box and say, “Oh, but the meeting time with the PCP will be known and, therefore, no other authority will meet”, is unrealistic. In some areas, we will have a number of elected mayors—the Government are forcing referendums on 11 of the largest cities in England. Presumably, if the government amendment is passed, there will be elected mayors in other cities and boroughs who will already, and automatically, be members of the panel. You could have a situation whereby the attendance record at a meeting of the panel is quite low. It would, therefore, make it almost impossible for the veto to be exercised.
The Government and the House have now decided to reject a sensible amendment by which the veto requirement should be “of those present and voting”. I agree with the noble Lord that this matter has not satisfactorily been resolved. The Government will have to think about this matter between now and Third Reading, because this simply should not stand as it currently does in the Bill.
Baroness Browning
My Lords, I must confess, for the first time in taking this Bill through the House, that I am genuinely disappointed, because in the government amendments in this group we have tried really hard to address concerns across the House that were raised in Committee about giving more flexibility to achieve balance on the panel. As we know from previous debates, that balance ranges across geography, politics, gender and ethnicity. Of course, among the group of people who the panel can co-opt it is sometimes necessary, because of local circumstances, to co-opt people with particular expertise in an area who will be a useful addition to the panel. By raising the threshold of the panel size to 20, I have gone far in excess of anything suggested in Committee in order to provide those additional co-opted places on the panel so that these matters can be addressed.
Let me establish for the record that paragraph 30(3) of Schedule 6 already places the same duty on a panel to ensure that it represents the political make-up of the force area. This, of course, achieves exactly the same political balance as the current police authority regulations do. Therefore, while there is more scope for these additional nominated or co-opted people to be invited to sit on the panel—there is nothing mandatory about this; the panel can decide whether or not it wishes to go up to that threshold of 20—we have retained political balance based on what already happens in police authorities. The noble Baroness mentioned the attempt by the noble Lord, Lord Howard, to do that. I hope she will accept that we have not departed from that principle in the Bill.
However, I was particularly concerned that noble Lords, in speaking to their amendments, did not seem to be aware that it is not mandatory for co-opted members to come from local authorities. They can, if the panel so chooses, but they need not come from local authorities at all. Later, when I speak to my amendments, I will flesh out a little the fact that where the panel opts to co-opt more people on to the panel to achieve diversity, gender balance and ethnicity balance, the Secretary of State is required to approve these co-options because the panel will, in making that submission to the Secretary of State, be required to demonstrate why these particular people are being co-opted on to the panel. At that point, I would expect there to be a case for balance across a range of gender, ethnicity and expertise—whatever the thinking is behind the panel wanting to make these recommendations. The Secretary of State will then have the opportunity to see that the panel is not filling up those places just with chums—people of a like-minded persuasion or of the same political party. The Secretary of State will want it to be clearly demonstrated that the panel has seriously considered who it needs to add to give a balanced mix to enhance its functioning and to give fairness across the piece.
Lord Beecham
I welcome what the noble Baroness says, but what if, given the discretion to which she referred, the panel decides not to co-opt? What then?
Baroness Browning
I hope that there would be a discussion early on on the panel if there was a debate about the need to co-opt. I hope that would ensure that there was agreement on the need to co-opt. We keep trying to drive down to micromanage the panels. I am concerned to give panels the authority and flexibility to get the balance right, based on their judgment of their local needs, without trying to micromanage through the Bill a lot of situations that may or may not arise. With all due respect, we are talking about adults who—particularly the political nominees to the panel—will be there on behalf of specific local authorities. I should have thought that there would be grown-up discussion.
We have tried to get a balance in the Bill. It is important that the panel has the flexibility to co-opt. Raising that threshold to 20 is far in excess of what anyone asked me to do in Committee and more than generous. I am more than happy to stand here and read out the number for every police force area that will now be able, in the main, to co-opt an extra eight to 10 people. That is a huge number of people to get that balance right.
Lord Beecham
In the noble Baroness’s Amendment 128, does not new subsection (2B)(b) impose a condition that “no such resolution” to have a number of co-opted members may be passed unless,
“the Secretary of State agrees that the panel should have that number of co-opted members”.
What is that if not micromanagement?
Baroness Browning
That gives the Secretary of State, as I just described, the opportunity to ensure that the panel’s motive is to ensure the overall balance of the panel and to prevent the panel being packed with chums and politically slanted, which noble Lords have been concerned about—we have had a lot of discussion in Committee and on Report about this. Noble Lords have asked whether the members will be of the same political party as the PCC may be seen to have. This gives the Secretary of State the opportunity to look at the motivation of the panel in co-opting people. This is not about the Secretary of State wielding a lot of power in the sense of deciding whether or not the panel co-opts, but about whether the Secretary of State believes that the submissions made have met an objective that the panel has clearly identified.
Baroness Henig
I seek genuine clarification from the Minister. She referred to the schedule that states that the balanced appointment objective means that the political make-up of a relevant authority has to be represented on the panel. That means that in some parts of the country—Manchester, let us say—all the political representation is likely to be Labour, whereas in other parts of the country, because of the councils that make up the relevant area all the representation is likely to be from another party. My amendment aims to reflect the voting numbers. There are parts of the country in which Liberal Democrats and Conservatives would not get a look-in on the panel because all the councils are Labour, and other parts of the country where Labour would not get a look-in because the councils are all Conservative. What the noble Baroness is saying about the schedules goes only so far because at the moment police authorities are made up on the basis of the voting figures at the last election. In other words, there is proportional representation in police authorities that is not in this Bill. That is the difference, and that is the issue that I am trying to get at with this point about politicisation. The noble Baroness perhaps did not give me credit for what I am trying to do here.
Baroness Browning
I hate to disagree with the noble Baroness, Lady Henig, on this because I know that her motives are well-meaning. That paragraph in Schedule 6 has the heading: “Duty to produce balanced panel”—the Bill very clearly already includes the duty to produce a balanced panel. The noble Baroness describes a situation, and it saddens me to say this, in which there may be councils around the country with no elected Conservatives at all, although that can apply to other parties in other parts of the country. However, what I can only describe as the generosity of increasing the number of people that can be co-opted on to the panel means that I would expect a responsible panel to make absolutely sure that it would look to the additional co-optees to redress that political balance. If that is what the panel puts to the Secretary of State, I can see no reason why it cannot do that. If the motivation is to create a politically balanced panel, Conservatives can be co-opted to the panel to get political balance. I see no reason why what I am doing does not address the point that she is making.
Baroness Farrington of Ribbleton
My Lords, the Minister has failed to see the critical difference between the proposals in this Bill and the solution to the problem that everybody in this debate wishes to overcome, which was achieved by the noble Lord, Lord Howard of Lympne. I have yet to hear an answer as to why the proportional representation that was written in to the police authority legislation that we currently have is being done away with. Will the Secretary of State say to authority A: “I am sorry, the system has not worked; you are unbalanced and therefore you will co-opt to balance yourselves”? I am sorry but we have a problem that was fixed and we are now busy recreating the original problem.
Baroness Browning
My Lords, perhaps the solution to that is that PCPs can also set out their own rules and practices for all other business and procedures under Part 4 of Schedule 6, at paragraph 24. There is sufficient flexibility already in the Bill, combined with raising the threshold to 20 members, that gives the panel the opportunity to get the right balance that this House has called for. I genuinely mean this.
Lord Hunt of Kings Heath
The problem is that there is too much flexibility. The cases have been quoted to the Minister: there will be panels where the political parties in control of the councils will be almost all of one party. The Minister is saying that you can rely on the panel to which these people are appointed to then ensure greater impartiality. This is why we know it will not work. I have said again and again that the Minister will come back in a couple of years’ time with another Bill to put it right, because what she is in fact doing is leading not just to the politicisation of the police commissioner but also the panel, in a way that will be destructive because it does not guarantee either balance or having truly independent members on it.
Baroness Browning
My Lords, again I am very disappointed that the House is not able to identify the flexibility that the increase in the number on the panel offers. I want to make some progress now. I propose to place in the Library of the House as soon as possible—I hope within the next 48 hours—a comparison of the current system and the new system and how it will affect each police authority in the country. If noble Lords have a chance to analyse that, they will see that the flexibility is there. I take the point of the noble Lord, Lord Hunt of Kings Heath, that I am now creating too much flexibility in the Bill. The inference I have taken in previous discussions was that noble Lords wanted more prescription in the Bill and not flexibility. I believe that these matters are best decided at a local level, case by case, giving the power to the panel to decide what is needed. I am genuinely disappointed that that point of what I believe is a very generous amendment on the part of the Government has not been accepted.
Before I turn specifically to the amendments before us, my noble friend Lord Shipley mentioned deputies and how the panel conducts its business. We can consider the views that he has raised today as the Secretary of State has power in Schedule 5, set out by regulation, to see whether in regulation we can address the problem he has just identified. I will liaise with him on progress specifically on that matter.
Amendments 106, 116, 121, 123, 132A and 140 seek to vary the composition of the police and crime panel. Although I have heard the views put forward again today, I believe the series of government amendments that have been tabled will address many of the issues noble Lords have been concerned about, and I invite noble Lords who have tabled amendments in this group not to press them.
Amendment 140, from my noble friends Lady Hamwee and Lord Shipley, seeks to limit the Government’s power under paragraph 32 of Schedule 6 to make regulations applying local government legislation to police and crime panels. As I have said, we will take a look at what can be achieved in regulation but the amendment specifically would mean that the power could only be used to the extent necessary to apply the relevant legislation. I can reassure noble Lords that this power will not be used to a greater extent than is necessary. I will say more about it when I come to the Government’s amendments.
Government Amendments 120, 122, 124, 126 to 128, 130 to 132 and 134 to 137 seek to address, as I have mentioned, the composition of the police and crime panel. I thank—and they may be surprised to hear me say this—my noble friends Lord Shipley and Lady Hamwee and, if it is not going to ruin his reputation, the noble Lord, Lord Beecham, for their input. The noble Lord, Lord Beecham, looks horrified. I have tried to listen, across the House, to the points that have been made. There have been some very good points made, particularly in Committee, and I have tried to incorporate them into the amendments I have tabled.
I fully recognise the need to ensure that the police and crime panels are able to represent geographically large and diverse communities. I also understand the significant challenges that local authorities face in achieving this under current provisions in the Bill. These provide for the inclusion of district councils, which previously have not been recognised in their own right, which reflects the Government’s localism agenda but leads to potential issues relating to proportionate representation.
Fundamentally, the Government still believe that the model set out for police and crime panels in the Bill is entirely appropriate and provides for a clear process and structure in establishing such panels. I believe we have created a structure that is sufficiently flexible to meet local structures while being the right size to avoid being expensive and a bureaucratic burden. However, the Government propose to allow areas to opt to increase their representation by co-opting additional members from local authorities—they do not have to come from local authorities—or independent members.
It is still important not to encourage oversized and unwieldy police and crime panels and it was for that reason that the cap was set at 20 members. For example, Devon and Cornwall’s police and crime panel will have 15 members under the provisions originally set out in the Bill; with these new provisions it will have an option to co-opt a further five members. This provision could therefore be used to enable the panel to reflect more directly the geographical representation of the force area. I remind noble Lords that in the Devon and Cornwall force area, Cornwall as a county is a unitary authority. However, we will not prescribe this; increasing co-option will be a local decision. The Secretary of State will retain a role in agreeing to any proposed increase in the number of co-optees, merely to ensure that local areas have considered all the issues arising from their decision, including other areas of balance.
Baroness Farrington of Ribbleton
I hope that the Minister can give figures. I understand that there are specific circumstances to do with Cornwall, where it is felt that its representation is overmatched by that coming from Devon. But the figures of interest in terms of reflecting needs and all the communities are for Kent, Essex, Hampshire and, to a slightly lesser extent, Lancashire, because of the difference of size of population and the number of local authorities. I can see noble Lords nodding.
Baroness Browning
I have said that I will make sure that certainly before Third Reading, and I hope within the next 48 hours, I can write to noble Lords and place a copy of that letter in the House Library showing how this new threshold of 20 will impact on every police force in the country. That will show what the numbers would have been if I had left the Bill unamended with my increase to 20, and what the impact will be after raising the threshold to 20. I hope that noble Lords will be sufficiently encouraged and reassured when they have a chance to compare what the situation would have been in the Bill as previously drafted and the situation as with the new amendment that I have spoken to today.
Baroness Farrington of Ribbleton
I thank the Minister for agreeing that we can come back to this at Third Reading.
Baroness Browning
I have to say that this amendment is a major concession on the part of the Government. It is free to all noble Lords to come back at Third Reading, but I believe that this is a very significant concession, which reflects a lot of the points raised across the House.
Baroness Henig
The problem is that I certainly, speaking for myself, do not fully understand the extent of the concession. Without being able to see the evidence that the Minister is talking about and to compare the former list and the present list under the amendment with old police authorities, I cannot see the extent of the concession. Given that we have not yet seen this information which will be put in the Library, is it possible to reserve the right to come back to this at Third Reading, if concerns remain? It is difficult to be specific about something that we have not yet seen.
Baroness Browning
My Lords, I cannot say that the Government will come back to this at Third Reading. I am happy to talk off the Floor to noble Lords who have concerns about this, but this is a major concession. In looking at the exact numbers for each police force area, I remind the House that before I tabled this amendment the ceiling for police and crime panels reflected the number of local authorities plus two co-opted members. For most authorities, we will see significant numbers of co-opted members available to the panel to co-opt, if that is its wish, in order to achieve balance. A significant concession has been made in seeking to address many quite legitimate and important issues raised on the Floor of the House in Committee.
Panels will be required to exercise the power to co-opt additional members in such a way as to achieve the objective that the local authority members represent all parts of the police area and the political make-up of the contributing authorities. They will also need to ensure that all the members—local authority and independent—when taken together, have the necessary skills, knowledge and experience. To ensure that panels do this, any proposal to co-opt will require the agreement of the Secretary of State, who will look purely on the motivation in terms of achieving balance for that co-option. These amendments are considered to address the concerns that have been raised. I believe that the government amendments, particularly that to increase the panel to 20, have seriously addressed some important issues raised across the House. I ask noble Lords not to press their amendments.
Baroness Henig
My Lords, this is an extremely serious issue. It first raised its head at Second Reading when nearly all the speakers voiced their anxieties about party politics being put into policing and it is a theme that has run right through our discussions since that time. I accept the assurance of the noble Baroness that she is trying to address this, as indeed we are trying to address it. The problem is that many of us, certainly on this side of the House, feel that the noble Baroness’s way of addressing it will not be sufficient.
It is all very well comparing panels in the original Bill with panels now, but the comparison I am interested in is between the panels under the Government’s amendment and the existing police authorities. We have a tried and tested formula under which there is no party political majority on police authorities. All parties are represented. They have worked harmoniously and they have worked effectively. I suggest to the House that one of the reasons why police authorities have not had a high profile is because they have avoided controversy by having party political balance, with people of all parties working together to resolve problems. That is why we have not seen high profile problems and why police authorities have not been noticed more.
This issue of party political balance is important. We have it now. My concern is that we will lose it. It is a concern that the Minister has not addressed. It is not a question of what the original Bill had in as against what it has in now; for me it is an issue of what we have now—which is very precious— and what we will lose under this proposal if we do not get party political balance on our panels. In the past week or two I have been in meetings with police personnel where a group of Members of Parliament were berating a chief constable for not coming out publically to support the Government’s proposals. The aggressive tone of that meeting—I will not go into detail—left me quite shocked. I am concerned that if we do not address this issue of party politics in policing we will have chief constables being put under pressure to do certain things.
This is not an issue about operational or not operational. It is about people saying, “Chief Constable, you are not giving leadership; you are not saying X, Y and Z put forward by the Government”. There will be pressure of that kind and it will be insidious. That is what I am worried about. I have seen it happening already and it will happen more. The Government should be trying to tackle this head on. It they do not, we will undermine the impartiality of our police authorities and put party politics back into policing. That is what I—and many others—worry about. It is why I put so much emphasis on this amendment. It is crucial. It protects something that has been very precious in our policing over the past 20 years. It protects something that is very precious to chief constables. I very much fear that if we put party politics back into policing it is chief constables who will bear the brunt of it. It is for all those reasons that, despite what the noble Baroness has said, I have to test the opinion of the House.