Wednesday 26th October 2016
(7 years, 6 months ago)
Lords ChamberRead Hansard Text Amendment Paper: HL Bill 55-II(b) Amendments for Committee, supplementary to the second marshalled list (PDF, 62KB) - (26 Oct 2016)
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, this clause introduces additional flexibility into the way that the police can deploy their staff by extending the powers of chief officers to designate their staff with powers and by introducing, for the first time, a power to designate volunteers with powers. At this point, I should repeat what I said in the previous debate—that, just as PCSOs are not policing on the cheap, volunteers are not policing on the cheap, either. They all contribute to the force that is the police and all have their different parts to play. This clause, together with the other changes in Chapter 1 of Part 3 of the Bill, will give chief officers the flexibility they need to best shape their workforce to local circumstances.
Volunteers have much to offer policing, including those with specialist skills, for example, in IT or forensic accountancy, which we talked about before, and not just in the use of PAVA spray and CS spray. Special constables are volunteers with all the powers of a constable, but it makes no sense that volunteers who do not want to become specials because they do not want to have powers at all times—this has been previously discussed—or to undertake the physical demands of personal safety training cannot be conferred with a narrower set of powers relating to a particular role. Currently the law also puts unnecessary restrictions on a chief officer who wishes to maximise the operational effectiveness of police staff. These provisions remove those barriers.
Chapter 1 of Part 4 of the Police Reform Act 2002 enables chief police officers to confer some or all listed powers on their civilian staff by designating them to undertake specific functions in one or more of four categories: police community support officers, known as PCSOs; investigating officers; detention officers; and escort officers. Clause 37 amends the 2002 Act to amalgamate the categories of investigating officers, detention officers and escort officers into the single category of “policing support officers”, who would then be designated with the necessary powers to carry out their particular roles. The clause also enables a chief officer to designate a police volunteer as either a community support volunteer or a policing support volunteer.
Subsection (3) repeals the list of standard powers of PCSOs. In future, the powers that PCSOs and community support volunteers have will be a decision for each chief officer. Subsection (4) introduces for the first time a list, set out in Schedule 10, of core powers that can be exercised only by a sworn constable. The list includes powers of arrest and stop and search, and those under terrorism legislation—for example, the power to apply for a search warrant under Schedule 5 to the Terrorism Act 2000 as part of a terrorism investigation. It also includes two powers that were previously available to investigating and detention officers—namely, the power to make a fresh arrest and the power to conduct an intimate search when a medical professional is not available. Following the public consultation last year, we judged these powers to be particularly intrusive and that their use should therefore be restricted to police officers.
Noble Lords may wonder why the list of core powers does not include the power to make entry to premises by force, which was also consulted on as a power that should be restricted to constables only. The 2002 Act currently provides that designated individuals can exercise a power to force entry only in the company and under the supervision of a constable, or for the purpose of saving life or limb or preventing serious damage to property. Therefore, even with the extended designation possible under these provisions, no designated staff member or volunteer would be able to force entry except in the two circumstances described. However, importantly, they would be able to assist or accompany an officer executing a search, or to exercise a power to enter where force was not necessary—for example, as part of an alcohol licensing inspection.
The changes also provide the Secretary of State, in practice the Home Secretary, with a power to make regulations to add to the list of core powers and duties of constables: that is, those powers that may not be designated to staff or volunteers. Any such regulations would be subject to the affirmative procedure, so they will require the scrutiny and approval of both Houses.
The clause provides that, where the person is designated as a PCSO or a community support volunteer, they may be given any of the powers or duties set out in Schedule 8, which are powers currently available to PCSOs in lieu of police officer powers—specifically, the power to make an arrest. These powers include requiring a suspect’s name and address, or detaining a suspect to await the arrival of a police officer, which PCSOs can use in circumstances where a police officer might make an arrest.
Subsection (5) enables a chief officer to limit the extent of, or impose conditions on, use of the powers of his or her designated staff and volunteers. For example, if a volunteer were based in a particular locality, their designation could be restricted to that locality and its surrounding area. Subsection (6) also prevents designated staff and volunteers being authorised to use a firearm or Taser in carrying out their designated role. As we have discussed in relation to Amendment 167, tabled by the noble Lord, Lord Rosser, there is one exception to this rule. PCSOs and other designated police staff, and their new volunteer counterparts, can continue to carry and, where necessary, use CS or PAVA spray, which are classified as prohibited firearms. The clause also includes a future-proofing provision to allow the Secretary of State to make regulations, subject to the affirmative procedure, bringing new self-defence devices within the scope of this exemption.
These are important changes that will give significant additional flexibility to chief officers in the way that they deploy their workforce and volunteers. I hope that noble Lords will not press their opposition to Clause 37 standing part of the Bill.
Baroness Chisholm of Owlpen (Con)
My Lords, Amendments 168, 171 and 173 are minor and technical amendments to update and clarify the arrangements for designated staff and volunteers to use their powers. I do not wish to detain your Lordships unnecessarily, but, if required, I can talk further about each amendment. For now, I beg to move Amendment 168.
“( ) In Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals), in paragraph 10(aa) (as inserted by section (Appeals to Police Appeals Tribunals)), after paragraph (iii) insert—“(iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,”.”
“(g) in that subsection, in the definition of “relevant section 38 designation”—(i) for “designated civilian employee” substitute “designated person”;(ii) for “employee” substitute “person”.”
Lord Kennedy of Southwark (Lab)
Amendment 174, in the names of the noble Baroness, Lady Harris of Richmond, and my noble friend Lady Henig, is in the clause dealing with police ranks. It amends Clause 46 to require the rank of superintendent as well as that of constable to be retained. We heard from both the noble Baroness and my noble friend who put their names to the amendment about the important role that the officers holding this rank play. That was confirmed by the noble Lords, Lord Blair and Lord Paddick, in their contributions.
I very much agreed with the noble Baroness, Lady Harris of Richmond, when she spoke about the holders of these ranks being senior officers taking senior operational roles. They are held by people with the ability to undertake those important strategic roles and it is accepted that they have departmental and functional responsibilities.
My noble friend Lady Henig also spoke about the importance of the role these officers play across the piece in all departments. I also recall the Sheehy report, and the abolition of chief superintendents being very controversial at the time. As my noble friend said, they were then quietly brought back a few years later. We have heard from a number of speakers who are former serving officers as well as Members of this House who served as chairs of police organisations, and know much more than I do about police operations. They have all reached the same conclusion, so I suggest that the Minister should reflect on what has been said. I hope that she will give a very warm response.
Baroness Williams of Trafford
I thank the noble Baroness, Lady Harris of Richmond, for this amendment, which gives me the opportunity to pay tribute to our police superintendents. The noble Lord, Lord Kennedy, talked about constables but I think he meant superintendents.
Baroness Williams of Trafford
It is late at night and I am just making sure we are on the same page. The noble Baroness, Lady Henig, called them the “filling in the sandwich”.
In the current policing structure, superintendents play an incredibly important role. They set strategy, they are responsible for day-to-day operational policy and in difficult situations they have to show leadership, manage serious risks and make critical decisions during ongoing operations. These are crucial functions that will continue to be a feature of senior ranks in policing. However, there is a lack of flexibility—a word we have used a lot tonight; the noble Lord, Lord Paddick, just used it—in the way that ranks are effectively stipulated in primary legislation. That is why Clause 46 will allow the College of Policing to recommend a new rank structure to the Home Secretary to be set out in regulations.
In June last year, the College of Policing published the findings of its leadership review, which included a recommendation to review the rank and grading structures in policing. In its report, the college said that flatter structures can enable organisations to be more responsive and communicate more effectively. The police-led review of the rank structure is being developed by the chief constable of Thames Valley Police, Francis Habgood, working with the National Police Chiefs’ Council to ensure that proposals will be effective for all forces. The intention is to support policing based on greater levels of practitioner autonomy and expertise. Francis Habgood has developed a proposal for a five management level-model that will sit on top of the existing rank structure and will be based on competence, contribution and skills.
Lord Rosser
I do not know whether I should have been declaring an interest throughout today’s proceedings but it is a bit of a shock to find that throughout them I have been clutching a pen on which is written: “Metropolitan Police Forensics—New Scotland Yard”, so I had better declare it now.
This has been an illuminating debate for me on some of the issues that confront the police over training, appointments and leadership under the present arrangements and organisational structure. If the noble Lord, Lord Blair of Boughton, wishes to discuss his amendment, I will be more than happy to do so. I can say only that I thought that we would find a significant conflict between the two sets of amendments, but now that I have listened to the debate, that does not appear to be the case. Perhaps the ideal would be if the noble Lords, Lord Dear, Lord Blair of Boughton and Lord Condon, produced an amendment with which all three of them could associate themselves if they wish to pursue the matter through to the next stage. Obviously, they will want to hear the Government’s response before seeking to make any decisions on that point. However I will leave it at that, and I certainly await with interest what the Minister has to say on behalf of the Government.
Baroness Williams of Trafford
My Lords, I almost hesitate to stand up given that I am surrounded by experts in this field—and I did not go to Oxbridge either. All noble Lords have said in different ways this evening that choosing our police leaders is of the utmost importance for the future of policing, and as the noble Lord, Lord Condon, said, we need to think about it now. We fully support initiatives to ensure that police leaders are drawn from different backgrounds. That is why the Government asked the College of Policing to carry out a leadership review for policing in 2014. We wanted to look at how we could open up policing to fresh perspectives, including by expanding external recruitment to the senior ranks in policing. The review also examined how we could encourage officers to gain experience outside policing before returning later in life and how we could open up senior ranks to candidates from different backgrounds.
The review, which was published in June 2015, was a landmark for policing, setting the agenda for change and for police workforce reform. Its impact is already being felt across policing, from the new qualifications and apprenticeships for those at the start of their careers to opening up police leadership through direct entry and senior secondments, as some noble Lords pointed out.
The review recommended that national standards for recruitment and promotion into all roles, ranks and grades should be established and that all vacancies are advertised nationally. Building on the qualities for professional policing which have been defined in the College of Policing’s new competency and values framework will help to ensure that there are clear and consistent standards for each rank. Advertising roles nationally will open recruitment and make it easier for officers and staff to apply for roles in other force areas—noble Lords mentioned that that does not happen as much as it should. The college has statutory powers to recommend that the Home Secretary makes regulations on a range of issues, including the qualifications for appointment and the promotion of police officers, thus ensuring that these are implemented across England and Wales.
As part of implementing the leadership review, the college is exploring how to improve the diversity of top teams by increasing the pool of candidates for chief officer posts and supporting police and crime commissioners in their selection processes and recruitment campaigns. They are also identifying development packages for those who are appointed from overseas or, as a result of the provisions in Part 1 of the Bill, from the fire service. To support this work, the college has led for policing by undertaking a survey of PCCs, as well as of chief constables and other senior police officers, to understand the issues around senior appointments and developing the talent pool.
It should be the norm that police leaders have a breadth of experience and that they have access to other professions and fields to harness new skills that they can apply in policing. We strongly believe that it is possible to learn from policing overseas, and that is why we have already given the College of Policing the power to approve overseas police forces from which senior police officers are eligible to be appointed as a chief constable in England and Wales or as the Commissioner of the Metropolitan Police. These are set out in the Appointment of Chief Officers of Police (Overseas Police Forces) Regulations 2014 and include forces from Australia, Canada, New Zealand and the United States.
We support the work of Chief Constable Andy Marsh, the National Police Chiefs’ Council’s lead on international policing, in establishing the Joint International Policing Hub to act as the single, recognised gateway for international policing assistance for domestic and global partners.
The amendments tabled by my noble friend Lord Attlee seek to open up recruitment to the senior ranks in policing. As I have set out, the Government are very supportive of initiatives to achieve this. However, we believe that this should be led by the College of Policing, as the professional body for policing, and that it already has the necessary powers to achieve this.
We deploy police officers overseas to pursue matters of interest to the UK and share our expertise. For example, we sent officers to France to work alongside the French police in dealing with football fans at the Euros.
The noble Lord, Lord Blair, clearly comes at this issue from a different perspective. Amendment 178A in his name seeks to enshrine in statute a presumption that all those who are appointed to chief officer rank must previously have served as a senior officer in a UK police force.
When we introduced police and crime commissioners in 2012, we wanted people to have a say in policing in their local community. We gave PCCs the power to appoint the chief constable because we recognised that this appointment was crucial to implementing the PCC’s policing and crime plan. PCCs understand what the local issues are and are best placed to understand the leadership requirements of their force. It should not be for the Home Secretary to give prior approval as to who is eligible to apply for each and every chief officer post that is advertised. That would not be practical or desirable. However, today I gave the noble Lord, Lord Blair, an undertaking—and I offer it to other noble Lords; I have such a field of expertise around me that I shall open it up—to have further discussions on this area. I would welcome them and would be very happy for them to take place before Report.
The College of Policing has the power to set standards for all police ranks and can introduce new measures as recruitment at senior ranks is opened up further. It has shown how successful it is at this with the introduction of the direct entry programme and the fact that talented people from other sectors are now working in policing. The college is now working to compare the skills, abilities and knowledge needed to be a chief constable with those of chief fire officers to develop a rigorous assessment and development package for those who are interested in the top jobs in policing as a result of the reforms in Part 1 of the Bill.
As I have indicated, the Government want the best people leading policing. We believe the best way to achieve that is to have open recruitment from a wide talent pool, national standards set by the professional body and local decision-making that reflects the needs of the force and the local community. I realise that we have gone past 10 pm, but I hope that the noble Earl will be content to withdraw his amendment.
Earl Attlee
My Lords, this debate has exceeded all my expectations. There have been few times in your Lordships’ House when I have tabled an amendment that has been as effective. I will read what my noble friend the Minister has said with great care, but I suspect that I will not be surprised.
On one condition, I will not only withdraw my amendment but will not return to the issue—although other noble Lords may want to return to their issues. The condition is this: the Minister has an excellent Bill team manager—I know that because he has worked with me and with the Chief Whip—and I would like him to cut out this debate from Hansard and put it in the Policing Minister’s red box and the Home Secretary’s red box. The speeches from the noble Lords, Lord Dear, Lord Blair, and Lord Condon, were very serious and said that we are going in the wrong direction on this problem—that will come to bite us eventually. I believe that the Home Secretary needs to do something about this, and to listen to the warnings from the noble Lord, Lord Dear. I thank all noble Lords who contributed to this debate and beg leave to withdraw my amendment.
Baroness Williams of Trafford
My Lords, I thank the noble Baroness, Lady Henig, for her explanation of this amendment to Clause 48, which amends the 1996 Act to require the Police Federation, in fulfilling its core purpose, to protect the public interest and maintain high standards of conduct and of transparency —as the noble Baroness said. There was a discussion the other day about what the public interest is. I understood that, in a different context, it was not what the public were interested in but something quite different.
In the spring of 2013, the Police Federation commissioned a review to consider whether any changes were required to its operation or structure to ensure that it continued to promote the public good as well as the interests and welfare of its members. The panel’s final report, Police Federation Independent Review, known widely as the Normington review, was published in January 2014 and made 36 recommendations to improve trust, accountability, professionalism and member services. Recommendation 1 was the adoption of a revised core purpose that reflects the Police Federation’s commitment to act in the public interest. The Police Federation accepted the review’s recommendations in their entirety and has already publicly adopted a revised core purpose on a non-statutory basis. The Normington review was clear that a reformed federation would act in the interests of both its members and the public.
Clause 48 focuses on how the Police Federation discharges its representative role—namely by considering the public interest in its actions, in the same way that the police uphold the public interest in all their actions, whether that is fighting crime on the front line or representing colleagues as a member of the federation. The clause does not conflict with the Police Federation’s representative purpose and will not, for example, require it to act against the interests of its members. The ambition here is to ensure that the federation does not operate against the public interest. Indeed, the Police Federation itself, acting in line with the recommendations of Sir David Normington and his review, asked the Government to enshrine its revised core purposes in legislation. That is exactly what this clause achieves.
Sadly, as the Normington review highlighted, a culture of “narrow self-interest” has permeated the federation in recent years—one of “distrust and division”, as he described it. The Government wish to support the federation in proving that it can serve its members and respect the public interest in providing a representative voice for police officers, with professionalism and integrity.
The noble Lord, Lord Rosser, made a point about changing the purpose of the Police Federation as set out in the Police Act 1996. Clause 48, as worded, is clear that the federation must protect the public interest and maintain high standards of conduct and transparency in fulfilling that purpose. The Police Act 1996 sets out what the federation should do and Clause 48 sets out how it must deliver that.
The noble Lord also asked what happens when the public interest and the interests of the police diverge. The Normington review was clear that a reformed federation would act in the interests of both its members and the public. Section 59 of the Police Act 1996 provides that the purpose of the Police Federation is to represent members of the police forces in England and Wales in all matters affecting their welfare and efficiency.
Could the federation be challenged in the courts? It could, on the basis that it was not fulfilling its purpose as set out in Section 9(1) of the Police Act 1996 in a way that protected the public interest, but it may already be challenged on the basis that it was not fulfilling its existing purpose.
I hope I have provided some explanation and that the noble Baroness will feel able to withdraw her amendment.
Lord Paddick
I do not think the Minister answered my question about what the clause adds over and above what is within the Nolan principles.
Baroness Williams of Trafford
The Nolan principles underpin every single aspect of involvement in public life. Obviously, this is specific to the police in a certain context, but I think the two should go hand in hand. Obviously, there are different aspects to the police compared with other public professions, but anyone who is in public office needs to sign up to the Nolan principles. This is an aspect that applies to the police.
Baroness Henig
I thank all noble Lords who have spoken at this late hour. Although it is late, this is an important debate. I listened very carefully to the Minister but she did not actually answer the question. She did not tell the Committee what the words actually mean. I have to say again that if it is not clear what a phrase means, it is not going to be good law and it is going to lead to an awful lot of disagreement in years to come. If four lawyers in a room cannot agree what “protect the public interest” means, that is a recipe for problems. The Minister did not explain what it meant. There was a lot of vagueness and phraseology but nothing clear or precise.
Obviously, at this point in the evening I will withdraw the amendment but I want to think about this a bit more. Some of us might want to return to this at a later stage because it really is not in the public interest to put something in a Bill the meaning of which people cannot agree on. That cannot be a good thing to do. But at this stage, I beg leave to withdraw the amendment.