Police Reform and Social Responsibility Bill

(Limited Text - Ministerial Extracts only)

Wednesday 13th July 2011 Lords Chamber

Moved by

[Baroness Browning]

That the Bill be now further considered on Report.

[Lord Hunt of Kings Heath]

My Lords, it would be helpful to the House if the noble Baroness could give some indication of the Government’s intention. My reckoning is that there are 18 groups left to be debated on Report. Can she tell me at what point she intends that the House be adjourned tonight?

[The Minister of State, Home Office (Baroness Browning)]

My Lords, I come to the Floor of the House tonight ready to complete Report. I do that particularly for this reason: there have been times during the course of this Bill when we have made quite rapid progress, with the co-operation of both sides of the House, but noble Lords will know that I have amended this Bill so that Members of your Lordships’ House could apply for and carry out the function of a full-time police and crime commissioner. During that debate, I was persuaded by Members of this House that your Lordships could not only carry out their functions in this House but hold down a very demanding full-time job as PCC as well. Everybody will know that people who engage at that level are people who do not clock-watch but get the job done. They stay until the job is finished; that is what I intend to do.

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[Lord Dear]

In the theoretical instance cited by the noble Lord, I do not think it would work that way because the chief officer of police would have to demonstrate that he had not dealt with the complaint properly, and that would take some time. We are talking about six months plus two months before an election, so by the time that doomsday scenario occurred, you would have an elected individual in place as the PCC, as I understand it.

[Baroness Browning]

My Lords, this amendment seeks to secure the appointment of an acting PCC from the panel rather than from the PCC's staff. I recognise the points made today and previously in Committee and remain open to suggestions about how we might secure a process of appointment for an acting PCC which provides the safeguards and political neutrality that I have described in previous debates and which would also provide assurance to a PCC that any appointment of a temporary stand-in would not endanger the continued delivery of the police and crime plan and objectives. I say to the noble Baroness, Lady Henig, that I am very happy to consider taking forward the situation with the deputy, but the deputy is not politically restricted.

[Baroness Henig]

When I looked at the government amendments, there was no suggestion that there was an exemption under Section 2 of the Local Government and Housing Act. If there is no such exemption, is that post not restricted? It does not say that.

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[Baroness Browning]

My Lords, I will come back on that specific point, but I want to make the point that although I am not able to accept this amendment, I am aware of the genuine concern that has been raised, not just on Report but at previous stages, and I am still trying to find alternative solutions. I shall explain to the House why I do not feel able to accept this proposal. I understand what is trying to be achieved, but plucking the acting PCC from an inherently political body is not the right solution to this issue. Some may say that I am overplaying the need for political neutrality in these situations, but I point to the debates in the other place and in this House regarding the potential risks of politicisation. If, as was put forward, politicisation is such a key risk, then I would argue that establishing an acting commissioner from within a very political pool of people with a different mandate is the worst of all worlds and likely to lead to conflict. The PCC's staff are politically neutral and, in the absence of any other person with a political mandate spanning the force area, we envisage that the PCC's chief executive would be best placed to continue to secure the maintenance of an effective police force with the close support and involvement of the police and crime panel for the interim period.

As I have indicated, I cannot agree to the amendment for the reasons I have given, but I keep an open mind on coming back to the House on this issue with other suggestions, and I will consider the proposal put forward by the noble Baroness, Lady Henig. On this basis, I ask the noble Lord to withdraw his amendment.

[Baroness Hamwee]

My Lords, one of the Minister’s concerns is plucking—I think that that was her term—someone from a political pool. I understand the argument that the commissioner may be independent, but nevertheless he or she will be a politician because it is a political job. I speak very much off the top of my head, but is it worth Members of the House considering whether an appointment from the panel, but made by the commissioner, could be a candidate for this? Heads are being shaken across there and there are nods around here as to this being a possible way forward. Given the stage of the Bill, I felt that it was worth throwing this suggestion into the mix.

[Baroness Browning]

I am grateful to my noble friend, as always, for making a constructive suggestion to resolve this issue. I will, of course, with other points that have been raised, take that into consideration.

[Lord Boswell of Aynho]

My Lords, would an alternative approach, which would be not unfamiliar from board practice, be to establish through the panel a nominations committee, which could provide an element of filter, rather than a direct overtly or covertly political appointment?

[Baroness Browning]

I am grateful to my noble friend. I have explained to the House that I am very happy to take this forward without closing the door on it tonight, even though I cannot accept the amendment. I will return to the House at a later stage with this.

[Lord Hunt of Kings Heath]

My Lords, I think the point has been well put that the powers of the acting PCC could be considerable. I apologise to my noble friend Lord Beecham for underestimating the size of the precept. It seems to me that it has grown between Committee and Report stages. But it involves the precept, the budget, the appointment of the chief constable and the dismissal of the chief constable. I am still concerned that the problem here is the construct of the Bill. As my noble friend Lord Harris has said, once you decide to place on a political individual so much power and responsibility, you clearly have a big problem in deciding what to do if that person is no longer able to carry out the job.

It seems to me that this is a very important issue, which has been debated in the other place as well. The Government clearly still do not have a clue about how to deal with it. The noble Baroness said that she is concerned about appointing the acting PCC from the police and crime panel, which is an inherently political body. But what is the PCC but politicisation? In terms of the idea that the staff will be wonderfully neutral, what on earth will the staff be doing? I am horrified at the thought that the PCC will employ an army of people. It will have one point, which will be to ensure the re-election of the police and crime commissioner. What else are they there for but to support that person?

The noble Baroness has said that she will take this away. I am very grateful to her, but can she confirm that that means that she accepts that I can bring an amendment back at Third Reading or that she will? It cannot be dealt with in the Commons on ping-pong. It is impossible to deal with this issue in that way. It has to be dealt with by this House. We have only a few days left. Will the noble Baroness confirm that she is saying that this is a matter that requires further clarification and can be brought back at Third Reading?

[Baroness Browning]

My Lords, I will commit to bringing it back at Third Reading for clarification.

[Lord Hunt of Kings Heath]

My Lords, in that case I am extremely grateful and I beg leave to withdraw my amendment.

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Moved by

[Baroness Browning]

230: Clause 66, leave out Clause 66

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Moved by

[Baroness Browning]

234: Clause 74, leave out Clause 74

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22:11

Division 3

Ayes: 54

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Labour: 46
Crossbench: 4
Democratic Unionist Party: 2
Liberal Democrat: 2

Noes: 151

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Conservative: 94
Liberal Democrat: 43
Crossbench: 8
Ulster Unionist Party: 2

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Moved by

[Baroness Browning]

240: Schedule 11, page 145, line 42, at end insert—
“( ) In subsection (1), after “section 5” insert “, with subsection (1A),”.
( ) After subsection (1) insert—
“(1A) In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.”.”

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[Lord Stevenson of Balmacara]

My Lords, I shall make only three brief points. Like the others who have spoken, I should like to hear what the Minister will say in response to the case that has been put forward. When I spoke to these amendments in Committee, I am afraid I got into the history of the BTP but I will not repeat that. Noble Lords will know that my concern for and interest in the branch is real.

The noble Lord, Lord Ramsbotham, gave us an interesting history and pointed out some of the difficulties that the BTP has faced in trying to make its case to the Government. Those are very powerful and persuasive points. The additional comments from my noble friends Lord Faulkner and Lord Berkeley have made a pretty irresistible case. It is time to look at how the geographic forces interrelate with the BTP and vice versa. The safety of the travelling public and the interests of all concerned would benefit from that. I am concerned that it is perhaps more complex than has been said in the past few minutes. Therefore, we shall need to look at that sometime. However, I hope the Minister will reassure us that she will not leave it to ordinary processes and that, on this occasion, she will tackle what is required positively to give us some hope that the situation will not be allowed to drag on, and so that we get some resolution to these points.

[Baroness Browning]

My Lords, I am very grateful to all noble Lords who have contributed to the debate. I shall start by speaking to Amendments 242, 243, 271 and 272. In Committee I was grateful for noble Lords’ comments about the importance of integrated policing between the British Transport Police and the geographic police forces. This is why my honourable friend the Minister of State for Transport and I fully agree that these changes merit closer examination. I can assure noble Lords that, in taking this matter forward between us, there is certainly no tension between the two Ministers involved. I hope we shall meet fairly soon to set out and discuss what is behind these amendments and how we might take that forward in a practical way. I pledge to take a personal interest in the progress of this.

The proposed amendments cover a range of detailed and technical changes. These would significantly affect the status, jurisdiction and powers of the British Transport Police. It is therefore essential that the intentions of the amendments proposed are fully understood and that the consequences of the changes, for both the British Transport Police and wider policing, are closely examined. In particular, we need to ensure that the seemingly simple and straightforward legislative changes sought do not bring with them any unintended consequences. For example, Amendment 242 would change Section 1 of the Police Act 1996 to make,

“the area over which the British Transport Police Force has jurisdiction”,

into a police area for the purposes of the Act. The effect of this would be that references to police areas in any other legislation would apply to the police area of the British Transport Police, as defined in the amendment. A quick search has shown that there are 370 occurrences of the phrase “police area” in primary legislation. The impact of extending them all to the British Transport Police would be wide-ranging.

I have some detailed illustrations of what that would mean, including matters to do with the Children Act 2004, local safeguarding children boards and the Police (Property) Act. However, given the lateness of the hour, I hope noble Lords will understand that very careful and detailed consideration is needed before putting this into primary legislation. However, I am in touch with colleagues in the Department for Transport, with a view to exploring solutions to this to provide the necessary powers and jurisdiction that the British Transport Police seeks and which will enable it to deliver policing of the railways as efficiently and effectively as possible and without unintended consequences. I have discussed this with colleagues in the Department for Transport, and this examination and seeking to find the right way in which to put this into primary legislation will be an ongoing exercise for us. I assure noble Lords that, when appropriate changes are identified, my department will be prepared to consider making the necessary changes within suitable primary legislation. Although I cannot commit to putting the provision at this very late stage into the tail-end of this legislation, we will, as these proposals come forward and are validated, look to put them into primary legislation in future Bills. I understand that there is quite a bit of Home Office legislation coming up the track, if noble Lords will forgive the pun, and I would hope that there would be opportunities.

I thank the noble Lords, Lord Ramsbotham and Lord Faulkner of Worcester, for their amendments and I thank noble Lords for the support that has been given to them around the House. However, on the basis of what I have said, I ask them not to press their amendments.

I turn to Amendments 304 to 306, which address licensing. These amendments seek to put the British Transport Police on a par with the 43 territorial police forces in England and Wales for the purposes of alcohol licensing. I can see why that might seem a reasonable proposition at first glance. However, I am not able to accept the amendments, as I explained in some detail in Committee last month. However, I shall briefly reiterate the reasons.

Amendment 304 would make the British Transport Police a responsible authority under the Licensing Act 2003, which requires licensing authorities automatically to notify responsible authorities about licence reviews. Licence applicants, who will be local businesses or individuals, must also send copies to their local responsible authorities. In this Bill, we are increasing the list of responsible authorities to include health bodies and licensing authorities in their own right. We do not think it would be helpful to extend the list further to include the British Transport Police. Licensing is administered by local authorities, which make licensing decisions that reflect the needs of the local area. For this reason, the chief officer of police for the geographic area is a responsible authority under the Act. Likewise, other responsible authorities have as their focus the geographic area in which the premises are situated.

The British Transport Police is a broadly non-geographic force, with a specific, non-regional jurisdiction. It covers the transport network as a whole and so will not be relevant to some licensing authority areas. We do not think it would always be obvious in a given local area to which part of the British Transport Police licensing applicants should send their licensing forms. On top of that, the Government are unwilling to add to the burden on businesses by adding responsible authorities unnecessarily.

Of course, the British Transport Police has expert knowledge on alcohol-related late-night crime and disorder around transport hubs and on the transport network. We expect the British Transport Police to have effective lines of communication with the geographic constabularies and that it will continue to use them in future to raise any issues it has relating to alcohol licensing. In addition, I point out that because under this Bill we are removing the test of vicinity from the Licensing Act 2003, it will in future be open for anyone, including members of the British Transport Police, to make representations to the licensing authority in their own right. Applications for new licences do get advertised, and we are taking steps to require licensing authorities to publicise these online. I hope that would be of help to the British Transport Police. Making the British Transport Police a responsible authority would cause unnecessary bureaucracy for licensing applicants.

Amendment 305 seeks to make the British Transport Police a relevant person for the purposes of allowing it to object to temporary events notices. Residents’ organisations told us that, after crime, noise was their greatest concern in relation to temporary events. We are extending the right to object to the environmental health authority and allowing them and the police to object on the grounds of all four licensing objectives. We think that provides adequate protection for residents while again minimising unnecessary bureaucracy. I am confident that if the British Transport Police has concerns about temporary events, it can raise these in the course of their liaison with their local constabularies.

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[Baroness Browning]

I am very grateful to the noble Lord. I am sure that he is aware that Third Reading is next week—Tuesday or Wednesday, I believe. It was not my intention to have met with the Minister of State in the Department for Transport by then. However, I can assure him that I am planning to meet with her before the House returns in September. I think that she and I need to have an across-the-table discussion about the sort of thing that the noble Lord has mentioned. I am in favour of action plans and timelines. I quite like the concept of project management in this area. However, I do not want to talk it up too much, given that the noble Lord has told us that this has been on the table since 2001.

All I can say is that both my right honourable friend in the Department for Transport and I are minded to move this along as fast as we can. We will of course engage the British Transport Police itself in this negotiation. I am quite sure that it will relay to the noble Lord whether it feels we are making progress or not. However, as we make progress I will endeavour, on a very informal basis, to ensure that noble Lords who have expressed an interest in this are kept informed of the progress being made. I am quite sure that if we do not make that progress, the noble Lord will call me back to this Dispatch Box pretty rapidly.

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Moved by

[Baroness Browning]

244: Clause 91, page 59, line 23, at end insert—
“( ) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”