Scrap Metal Dealers Bill

Debate between Baroness Browning and Lord Rosser

Friday 18th January 2013 Lords Chamber

[Baroness Browning]

My Lords, when I became a Minister at the Home Office in 2011, metal theft was part of my portfolio of ministerial responsibilities. At the very first briefing I received on it, I was immediately seized of the fact that legislation and change needed to happen. Of course, having been a constituency MP, I was already aware of the difficulties and the serious crimes that were being committed, as Members have again outlined today.

Reference has been made to the Report stage of this Private Member’s Bill in the other place, taken forward by Richard Ottaway. Having studied it, Members will see that more than 70 amendments were tabled on one day. The reality is that, whatever our views on the way in which the other place conducts its business, had an accommodation and a promise not been given, we would not have received the Bill in this House at all.

My starting point is that this is a necessary Bill. I am enormously grateful for the support that it has received across the House, not least from the noble Lord, Lord Faulkner of Worcester. He knows that I am very grateful for his support in taking this Bill forward. However, what I am about to say may sound old-fashioned, but I believe that it is important in another place and in this Chamber: I believe that if a mover of a Bill—in this case, my honourable friend Richard Ottaway MP moved the Bill in another place—and a government Minister give their word that they will do something, the honourable thing to do is to honour that pledge and I am now moving this Bill in your Lordships’ House.

Too often, politics is brought into disrepute because politicians play fast and loose with their word. A gentleman’s handshake and the word of an honourable man or woman is no longer held in esteem in this country and, passionate as I am for this Bill and as grateful as I am to the noble Lord for his support, I intend to do the honourable thing today if he chooses to move the amendment to a vote. I will keep the word of a politician and the word that has been given by a Minister. Others may choose to do as they will, but I believe that that is what I should do and that is what my political career for the past 30 years has taught me is the right thing to do.

I am grateful to my noble friend Lord Attlee for moving the amendment. Of course, a three-year review is already built into the substance of the Bill anyway, so it is not as though this will be put on the statute and left to see how it gets on. There are checks and balances here. Therefore, I ask the noble Lord, Lord Faulkner, not to press this to a vote.

[Lord Rosser]

My noble friend Lord Faulkner of Worcester has spoken powerfully on his objection to the amendment put forward by the noble Earl on behalf of the Government. It is not an amendment that has anything to do with the appropriateness or inappropriateness of the wording of the Bill; it has everything to do with the activities of a couple of Conservative Members in the other place who, apparently, were quite prepared to talk this Private Member’s Bill out, even though the Bill is supported by all political parties and widely supported by a range of organisations involved in the scrap metal trade or representing those who have been on the receiving end of metal thefts.

The reason these Members were able to wield such power, despite the insignificant minority view that they represent, was because the Government were not prepared to deal with this issue through a government Bill. They left it to be addressed in a Private Member’s Bill, which can be subject to the kind of action that we saw in the Commons. It led to the Minister in the Commons having to give an undertaking to put this clause into the Bill in your Lordships’ House in order to buy off the couple of Conservative MPs from talking the Bill out. That is the reality. Let us not beat about the bush on that score.

I hope that the Minister will do this House the courtesy of explaining why the Government did not address this vital issue through a government Bill, or alternatively take over the Private Member’s Bill themselves to prevent it being vulnerable to the kind of action seen in the Commons. It certainly cannot have been because no government time could be found, because it has been obvious this Session, in both the Commons and now in your Lordships’ House, that there is a shortage of business and not an excess.

I do not know whether my noble friend Lord Faulkner of Worcester will be seeking a vote on this amendment, but he certainly has a very strong case, and the Minister will need to put up some strong arguments about why action by a couple of Conservative Members in the Commons should mean that this House should accept an amendment that the Government in their hearts do not believe is needed, except as a device to buy off two members of their own party who should never have been given the opportunity in the first place to take the action they did.

Clause 18, “Review of Act”, already contains a provision stating:

“Before the end of 5 years”—

you do not have to wait five years—

“the Secretary of State must—

(a) carry out a review of this Act, and

(b) publish a report of the conclusions of the review”.

In particular, the report must assess whether it is appropriate to retain or repeal the Act or any of its provisions in order to achieve the objectives. So what is the necessity for this sunset clause? To that extent, the issues are covered in the review. The review has to be carried out before the end of five years and the report has to assess whether it is appropriate to retain or repeal the Act.

[Baroness Browning]

I courteously remind the noble Lord that when his party was in office it, too, had mavericks on its Back Benches with or without anybody's agreement, who messed up Friday morning Private Members’ Bills. We should be careful of not reaping the whirlwind. If this House sets a precedent today that promises made in another place are not kept, that will affect not just this Bill but other rather important Private Members’ Bills that might come forward in the future.

[Lord Rosser]

This House has a right to assess the value or otherwise of the amendment before it. The reality is that the amendment will delay the Bill and put it at risk. It is for this House to decide, knowing that this Bill is widely supported by virtually everybody—whether it wants to delay it or put it at risk.

I will not ask the Minister to explain why the Government believe a sunset clause is needed in this Bill and not in virtually every other Bill that your Lordships’ House has discussed since the Government came into office, because I know that he cannot produce a credible reason other than that the Government had to bend to buy off a couple of members of its own party in the House of Commons.

We need to look at the possible consequences if the amendment is passed. For a start, it means that the Bill will have to go back to the Commons since it will have been amended in your Lordships’ House. If the amendment were not agreed or withdrawn, the Bill could complete all its stages in your Lordships’ House and be unchanged from how it left the Commons. It could then become law very quickly, which will not be the position if the amendment is accepted and the Bill has to go back to the Commons, presumably to continue to be dealt with under the Private Member’s Bill procedure. Accepting the amendment means further delaying the Bill; a Bill that virtually everyone apart from a couple of Conservative Members in the Commons believes is needed and needed fast.

Police Federation

Debate between Baroness Browning and Lord Rosser

Thursday 15th September 2011 Lords Chamber

[Baroness Browning]

The Home Secretary has consistently been clear that she has the utmost respect and admiration for the bravery and dedication of the men and women of our police forces, but that does not mean unquestioning agreement at all times. The Home Secretary has a responsibility to the taxpayer to tackle the deficit and improve the service to the public. The police cannot be exempt from their share of cuts but, as I have already informed the House, there are regular meetings at which members of the federation can raise any issue they like with Ministers. I understand that, apart from the regular series of meetings that are held, additional meetings are held at certain times, such as the one with my honourable friend Mr Brokenshire following the riots.

[Lord Rosser]

My Lords, we are all grateful for the commitment shown by members of the Police Federation across the country, not least for sometimes working 20 hours a day to assist in tackling the riots and in bringing those involved to justice. However, that all costs money in extra policing at a time when police budgets are being squeezed. Bearing in mind that the Home Secretary has recently said that applications from police forces for a special grant to cover the additional costs will only be “considered”, could the Minister say whether the Prime Minister’s Statement in the other place on 11 August that:

“The Treasury is standing ready to assist police forces. Clearly, the bill for the Metropolitan police force for the past few days will be large and, if they continue to deploy in those numbers, it will get larger and the Treasury will stand behind that”,—[Official Report, Commons, 11/8/11; col. 1065.]

still represents government policy in the light of the Home Secretary’s statement?

[Baroness Browning]

My Lords, we have yet to receive from any police force its Bill in respect of the riots. We have had some indication in one or two forces—for example, I think that some evidence given to the Home Affairs Select Committee earlier in the week would have indicated the nature of the bill—but we cannot at this stage give an open assurance that every bill as presented will be paid. As we understand it, some of these bills are likely to contain quite significant sums relating to opportunity costs. I think that the House will understand that, when I stand at the Dispatch Box and say that we will honour every bill as presented, we will honour our pledge but that we will want to examine those bills very carefully.

Public Disorder: Social Networking Sites

Debate between Baroness Browning and Lord Rosser

Tuesday 6th September 2011 Lords Chamber

[Baroness Browning]

I can reassure my noble friend. She will be aware that the police and other investigatory agencies are required to comply with the Regulation of Investigatory Powers Act 2000 and other legislation which seeks to bring that balance. It is not the case that they can do things unilaterally without being held to account.

[Lord Rosser]

My Lords, the Prime Minister said in the other place on 11 August,

“so we are working with the police, the intelligence services and industry to look at whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality”.—[Official Report, Commons, 11/8/11; col. 1053.]

On 25 August, the Deputy Prime Minister told the Daily Telegraph:

“I’ll tell you what is not going to happen – there is not going to be a Chinese or Iranian-style black-out of social media. And let’s not forget that during the riots, social media was very helpful to lots of people in finding out what was going on and in bringing communities together”.

Which of these two statements now represents Government policy?

[Baroness Browning]

My Lords, as always, the Prime Minister and the Deputy Prime Minister are as one. There is nothing incompatible in those statements. The Prime Minister did not say we wanted to close down networks; he said we would work with the police, industry and others to look at what would be right to do in order to prevent criminality. Anything that is a crime offline is also a crime online, and the companies that we have been consulting have made very clear their commitment to removing illegal content—something which I am sure the Deputy Prime Minister is very pleased to hear.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Wednesday 20th July 2011 Lords Chamber

[Lord Rosser]

We believe that the Government should support the amendment and justify their decision in a report to Parliament as to why it is necessary to concentrate such largely untrammelled power in the hands of police and crime commissioners and chief constables without proper checks and balances. We say that particularly in the light of recent events concerning policing and police actions which, as the Minister will know, are now the subject of inquiries and investigations that may well comment on the issues of governance, checks and balances.

[Baroness Browning]

Amendment 11 would require the Secretary of State to justify the need for police and crime commissioners, the Mayor's Office for Policing and Crime and chief officers of police to be corporations sole, and for the chief finance officers employed by chief officers to be subject to the local government legislation that currently applies to police authority treasurers. The Secretary of State would have to address those matters in a report to be considered by both Houses before the relevant provisions could commence.

I hope that it is clear why the Government believe that it is necessary for PCCs and the MOPC to have corporate status. Police authorities, including the Metropolitan Police Authority, are corporate entities at present. In order to allow them to carry out their functions, the PCCs and the MOPC will have the same functions as police authorities do at present. Turning to chief officers of police, the Government set out the reasons very clearly in Committee and on Report why there is a need for them to have corporate status too. It is simply so that they can employ staff and hold funds in their official rather than their personal capacity. PCCs, the holder of the Mayor's Office for Policing and Crime and chief officers of police will be individuals. That is the essence of the Government’s model for policing governance. It follows that, if they are to have corporate status, they will be corporations sole. This simply follows as a matter of inescapable logic.

I turn to the appointment by the chief officer of police of a suitably qualified chief finance officer with responsibility for making reports. Again, I hesitate to repeat what I have said more than once before, but the Bill creates a model for policing finance that is different from the current system. The Government are clear that chief officers should employ their own staff—a vital process in the context of providing greater autonomy over day-to-day management of the force. As an employer, therefore, for the first time the chief police officer will need to hold substantial amounts of money, and it is vital that there are appropriate safeguards around this. Each chief police officer will need his or her own chief finance officer, suitably qualified to manage the chief officer's affairs. In fact, police forces already have finance directors to do this job. The Government believe that the chief finance officer should be under a statutory duty to make reports where he or she fears the chief officer has made or will make an unlawful decision. Such a report would also go to the PCC and to the chief officer's auditor.

I remind the House that, as I said in previous stages of the Bill, there will not be, and in fact cannot be, any duplication between the role of a PCC's chief finance officer and that of the chief police officer's chief finance officer. The former will have responsibility for money within the police fund, and the latter will have responsibility for the money that has been paid over to the chief officer out of that fund. As such, without a properly qualified chief finance officer—with all the necessary powers and requirements—there will be a significant gap in proper financial propriety.

The Government have been very clear both in this House and another place as to why these provisions are necessary. Amendments to remove them were withdrawn with the House's consent on that basis. We believe that these are necessary measures, and I hope that the House will see that there is a very real need to have quite distinct separation in terms of the financial accounting of the PCC and the chief officer. I invite the noble Lord, Lord Harris of Haringey, to withdraw his amendment. I would say to him and to other Members of the House that I regret very much that we did not have our meeting, particularly on corporations sole, which was in the diary. Unfortunately it clashed with the day on which we had to take emergency legislation through the House. I apologise to noble Lords for having had to cancel that meeting.

As this may be my last contribution on Third Reading of this Bill, I hope that the House will allow me to say some words of thanks to those who have contributed to its smooth passage. I thank particularly the Lord Speaker and Deputy Speakers who have presided, and the clerks and doorkeepers, for whose assistance I am very grateful. I thank my colleagues on the Front Bench; I do not know what I would have done without them. I am also very grateful to the Bill team, who have worked very long hours, not just when they have been in attendance in this House but behind the scenes—and I can assure the House that they certainly were not attempting to waterboard me. I thank all Members of the House who have contributed to this Bill, both in the Chamber and outside. We have not been able to agree on everything; none the less, I have brought forward a package of amendments on Report and Third Reading based very much on what has been said by noble Lords on all sides of the House and outside. I would ask the noble Lord, Lord Harris of Haringey, to withdraw his amendment.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Thursday 14th July 2011 Lords Chamber

[Baroness Browning]

My Lords, Amendment 311 would mean that the police and crime commissioner provisions of the Bill cease to have effect after four years unless, following an independent review and report, the House approves an order by the Secretary of State for the arrangements to continue.

Many noble Lords have spoken in the course of these debates of the risk of disruption to the police service, and I have set out as we have gone along how that will be minimised. However, it would be extremely disruptive to the police service if, a few months before the second set of elections, the elected PCC is removed and the unelected police authority is re-established.

I hear what my noble friend Lady Hamwee says about review. I fully support the principle that legislation is reviewed. I say this having served in another place for nearly 20 years. We get very excited about legislation when we are legislating and after a year or two we forget about it. Then things transpire and we think that perhaps we should have looked at it. As a principle that is a very good thing. However, I am unable to accept Amendment 311 as it would be extremely disruptive. I ask the noble Lord to consider withdrawing it.

[Lord Rosser]

My Lords, the key phrase in the contribution of the noble Baroness, Lady Hamwee—I think I have written it down correctly—was: “I hope that it will be reviewed … as part of post-legislative scrutiny”.

UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011

Debate between Baroness Browning and Lord Rosser

Thursday 7th July 2011 Lords Chamber

[Lord Rosser]

Could the Minister give me a reply to a question that I asked? Can she confirm that it is the Government’s judgment that this commencement order is not open to successful challenge in the courts, bearing in mind that the issue is the retrospective effect of a commencement order?

[Baroness Browning]

My Lords, I think the noble Lord has been in the House long enough to know that the Government do not comment on the legal advice that they receive. Certainly, in bringing this measure into being, as I have outlined, it is our understanding that, unlike other statutory instruments, commencement orders are subject to no parliamentary procedure. It would not be appropriate for me to comment on any legal advice that the Government have taken in this matter.

Phone Hacking

Debate between Baroness Browning and Lord Rosser

Tuesday 5th July 2011 Lords Chamber

[Baroness Browning]

My Lords, I can understand my noble friend’s concern, and the concern of the House as a whole, at what is a truly shocking matter. This morning the Home Secretary, appearing before the Home Affairs Select Committee in another place, described what has happened, with the new information that has been received, as shocking and disgusting. She reiterated today that we must await the outcome of the police investigation, but she stated that, if these allegations are found to be true, there will need to be new avenues to explore.

[Lord Rosser]

My Lords, we support the call of the noble Lord, Lord Fowler, for an independent inquiry. The latest disturbing allegations about phone hacking will only have strengthened the feeling that parts of our national newspaper industry regard themselves as being above the law and having no need to fear any action from the Press Complaints Commission. The Minister’s reply to the noble Lord, Lord Fowler, will just not do. How many more potential phone- hacking scandals have to be unearthed, and how many more denials that they knew what was going on by editors and News International top executives do there have to be, before this Government recognise the failings of previous investigations—by the police, by News International and by the Press Complaints Commission—and act? Will the Government set up an independent inquiry into phone hacking and the culture and practices of at least part of the national newspaper industry that have allowed these things to happen?

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Monday 4th July 2011 Lords Chamber

[Lord Rosser]

My Lords, this group of amendments includes provision for ensuring that the mayor appoints a Member of the London Assembly as the deputy mayor for policing and crime and not just, as the Bill provides, for “a person”. The amendments also provide for the deputy mayor of policing to arrange for,

“another member of the London Assembly”,

rather than any other person,

“to exercise any function of the Mayor’s Office for Policing and Crime”,

that is exercisable by the deputy mayor.

The Government have also tabled amendments on the London Assembly’s veto power over,

“the appointment of the candidate as deputy mayor for policing and crime if the candidate is not a member of the London Assembly”.

That may act as a small incentive to appoint a London Assembly Member. However, those veto powers requiring a two-thirds majority of votes cast would not be necessary if some of the other amendments in the group that provide that the deputy mayor has to be,

“another member of the London Assembly”,

were accepted. The Government have rejected the idea of an elected deputy mayor for policing and crime in London, but if that is a step too far for them surely they can accept the amendments that provide for that deputy mayor to be a Member of the London Assembly and thus ensure that the occupant of the post has at least successfully stood for election.

In reality, the deputy mayor for policing and crime is the one who has responsibility for policing in London rather than the mayor, who has many other duties and does not have the time to give the post his undivided attention. It is only right that the occupant of the post should be a Member of the London Assembly, not simply “a person” known to the mayor and whose appointment—with a two-thirds majority required in the London Assembly to veto it—the mayor can almost certainly secure. I hope that the Minister will recognise the strength of the argument for these amendments and indicate that when she responds.

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

My Lords, I will first address government Amendments 89 and 90 in this group. The Government have given this matter a great deal of consideration and I discussed it in some detail in meetings across the House with noble Lords following Committee. There are already some safeguards in the Bill as to the appointment of the deputy mayor in the form of strong disqualification criteria and the requirement for non-binding confirmation hearings. However, it was clear in Committee that noble Lords did not consider this sufficient, so we have given this further consideration, including considering the option of limiting the mayor to appointing Assembly Members. On this specific point, the Government accepted that there were arguments in favour, but we were concerned at the relatively small pool from which the mayor would be able to select the holder of this important post. Instead, the Government have brought forward amendments that would still allow the mayor to appoint a non-Assembly Member but would make the confirmation hearing binding in such a case, giving the Assembly the power to veto the appointment by a two-thirds majority.

Any Assembly Member the Mayor wished to appoint would be subject to a non-binding confirmation, as already set out in the Bill. I hope this will go to the core of the concerns that my noble friend Lady Doocey expressed in Committee. I also hope that the noble Lord, Lord Kennedy of Southwark, will feel reassured that the mayor cannot simply appoint one of his or her friends to that position. In saying that, I thank the noble Lord for his kind remarks. I, too, enjoyed working with him on the Electoral Commission and I look forward to working with him in this Chamber as well. I had better not say more than that because it will not do his reputation on the opposition Benches any good if I say that we are going to work closely in the future. I do not think his Whips would like that too much, but he knows what I mean.

We suggest adding new powers to this part of the legislation because we understand the unique role the deputy mayor will have, if appointed. Of course, it is still for the mayor to decide whether to make such an appointment. We have tried to listen to the concerns expressed in Committee, and I hope that noble Lords who have tabled amendments in this group will be reassured that the deputy will either need to be an Assembly Member or to have the confidence of the London Assembly.

Amendments 75, 78 and 88, tabled by the noble Lord, Lord Kennedy of Southwark, and my noble friend Baroness Doocey, would prevent the mayor from appointing anyone but an Assembly Member to be the deputy mayor for policing and crime. Several other Peers, not least my noble friends Lord Shipley and Lady Hamwee, were also concerned that the mayor could appoint a non-Assembly Member to be deputy mayor and that this would cut across the democratic principles that this Bill seeks to establish.

The Bill allows the Mayor of London, operating through the Mayor’s Office for Policing and Crime, to delegate the day-to-day handling of policing governance to a deputy. However, in accordance with general legal principles, the mayor will not be able to pass on the responsibility for any delegated work. The mayor will still be answerable and responsible. It is essential to this new governance model that the mayor is always held responsible for the way his or her functions are carried out, whether delegated or not. Clause 20 establishes that the selection must be in line with existing provisions for mayoral appointments. Further essential details, such as the eligibility criteria and terms and conditions for the post, are set out in Schedule 3. The Government agree that more is needed, but we do not think that the solution suggested by these amendments is the right approach. As such, I hope noble Lords will not press their amendments and will support the government amendments.

On Amendments 76, 77 and 81, Amendment 76, in the name of the noble Lord, Lord Kennedy of Southwark, would prevent the delegation of functions to individuals other than the deputy mayor. That is a little concerning, first because it would prevent the mayor from being able to split responsibilities as he or she see fit, as everything from typing a letter to paying funds would have to be done by the mayor or delegated to the deputy mayor. Secondly, it would in effect require the mayor to have a deputy. At the moment it is for the mayor to choose whether to delegate to anyone else.

It is important that the mayor, as the elected person with a mandate to make decisions, has the discretion to decide how their office will function. As such, I ask that the amendments not be pressed.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Monday 4th July 2011 Lords Chamber

[Lord Rosser]

As my noble friend Lord Harris of Haringey has said, this group of amendments provides for a deputy mayor of policing and crime in London to be responsible for the Metropolitan Police in much the same way as the Government intend their police and crime commissioners to have that responsibility outside London. The Mayor of London would no longer be the Mayor’s Office for Policing and Crime.

The amendments also provide for the deputy mayor of policing and crime to be elected, with an election being held in 2012 and in each subsequent fourth year. The amendments carried in your Lordships’ House at the beginning of Committee on this Bill removed the requirement for the proposed police and crime commissioners outside London to be elected but left the situation in London largely unchanged. We have heard from the Government that they expect the posts of police and crime commissioners to be full time. Indeed a change has recently been made in relation to a deputy being appointed.

Therefore, the police and crime commissioner in, say, Wiltshire will be engaged full time purely on the role and responsibilities of that position, but in London, which has by far the largest police force in the country, the elected mayor, who has the ultimate responsibility for policing at present, does not devote his time and energy full time to his police role for the simple reason that as mayor he has a large number of other roles and responsibilities. One would have thought that in London the case for a full-time police and crime commissioner was stronger than anywhere else.

The mayor gets over the problem in London by appointing a deputy mayor with responsibility for the police but still retaining in theory ultimate control himself. However, it is quite clear where the real power lies—that is, with the deputy mayor because the mayor does not have the time to keep up to date with what is happening in the Metropolitan Police and to undertake the strategic and other responsibilities of the position because of his commitments to London as a whole. The Government have said that their objective is to increase accountability and transparency, but accountability and transparency are not increased if the in effect police and crime commissioner in London is in reality appointed by the mayor, who does not have the time to do the job himself but who in theory has to pretend that he can be like a police and crime commissioner elsewhere in the country and devote his efforts full time to that role.

We need to take steps to ensure that there is no dubiety over who is in reality—as opposed to in theory—the police and crime commissioner in London, and recognise the true situation by having a deputy mayor who has that role, and with it both the time and the authority of police and crime commissioners outside London. These amendments provide for elections for deputy mayor at the same time as for mayor. The current holder of these responsibilities is ultimately the elected mayor, and the amendments propose to move those overall responsibilities for the police from one elected office holder to another who has the time to do the job in full. I hope that the Government will recognise the contradictions between the situation in London and the situation outside London, as my noble friend Lord Harris of Haringey stated, and by accepting this amendment bring the two much closer together.

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

My Lords, the amendment in the name of the noble Lord, Lord Harris of Haringey, would prevent the mayor from holding the Mayor’s Office for Policing and Crime and would instead create an elected deputy mayor for policing and crime to hold that office. Consequential amendments would apply to the deputy mayor similar provisions to those for PCCs in respect of elections and suspensions. While I understand the approach taken by the noble Lord, Lord Harris, I set out in Committee the reasons why I do not agree with these amendments.

While it is the Government’s policy to introduce a directly elected police and crime commissioner into every force area in England and Wales outside London, the Government do not intend to introduce a new, elected person to hold the police to account in London for the very simple reason that the whole of London already elects a single person to take responsibility for strategic issues such as policing—the Mayor of London.

While I hear what the noble Lord says, the mayor is in the unique position of having responsibility for a whole force area and, as such, it seems sensible for him to have the overall responsibility for holding the police to account. Under the amendment, both the mayor and the deputy mayor have a direct democratic mandate across a whole force area, although in practice of course they could have different ideas about what should happen. That cannot work and would cause a lot of conflict. It is right and fitting that the mayor takes on the formal responsibility for holding the Metropolitan Police to account, and should in turn be accountable directly to the public for how this is done. However the mayor delegates in this area, the mayor, as with PCCs, is still responsible for the decisions that are taken and, as such, is answerable to the public as an elected representative.

I know that in Committee the noble Lord, Lord Harris of Haringey, was concerned about the dilution of the democratic principle, but I stress that this can come only through the mayor himself or herself. The mayor is elected by all Londoners, and he or she alone may hold the mayor’s office under this Bill. As such, the democratic principle is clear in the Bill. On that basis, I hope the noble Lord will feel able to withdraw these amendments, although I know that he believes in them passionately, and support the government amendments that we shall discuss later. I will not go into great detail as we shall come to them later in our deliberations, but I remind the House that the government amendments require confirmation hearings for the position of deputy mayor to be binding where the candidate is not an Assembly Member, in that the Assembly would have the power to veto the appointment by a two-thirds majority.

Any Assembly Member whom the mayor wished to appoint would be subject to a non-binding confirmation, as already set out in the Bill. I hope, therefore, that on reflection the noble Lord will withdraw the amendment.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Wednesday 29th June 2011 Lords Chamber

[Lord Rosser]

My Lords, I am in much the same position as most, if not all, the previous speakers, having had very little time to assimilate the significance of the amendments which the Government have submitted at a very late stage indeed. However, I wish to associate myself with the views that have been expressed by my noble friends Lady Henig, Lord Harris of Haringey and Lord Beecham and with much of what the noble Lord, Lord Shipley, said and the concerns that he, too, raised in relation to the lack of clarity in some of the amendments that are before us.

I do not intend to go over all the points that have already been made, but one thing I am not entirely clear on is whether in the amendments we have it is the Government’s intention to delete Clause 63(2) which states:

“The police and crime panel may appoint a person as acting commissioner only if the person is a member of the police and crime commissioner’s staff at the time of the appointment”.

I am not clear whether the amendments the Government are now putting forward in relation to the deputy are over and above Clause 63(2) or whether in some way or other they, in the Government’s view, overtake the need for Clause 63(2). One of the concerns that were raised in Committee was over the proposal that an acting commissioner would be a member of the commissioner’s staff. It would be very helpful if the Minister could clarify that point when she replies.

Perhaps the Government could also say something about how they see the role of the deputy. That is by no means clear from the amendment. It states:

“A police and crime commissioner must notify the relevant police and crime panel of each proposed appointment by the commissioner of … the commissioner’s chief executive … the commissioner’s chief finance officer, or … a deputy police and crime commissioner”.

Is it the Government’s intention that if the police and crime commissioner intends to make such an appointment, we are talking about a full-time post? If we are, what are the role and responsibilities of that post going to be, other than deputising for the police and crime commissioner? Or is it a scenario where the police and crime commissioner says, “Well, I’m going to appoint a deputy police and crime commissioner, and it will be my chief finance officer”.? Is that allowed under the terms of this amendment or are they three distinct and separate posts? Can all three of those posts be held by one individual? Can one individual hold more than a single position? It would be very helpful if that could be clarified. Clearly, if a deputy police and crime commissioner could also be the commissioner’s chief finance officer, then we are back in the situation that was raised before over the fact that under Clause 63(2) an acting commissioner has to be a member of the police and crime commissioner’s staff, which is why I ask whether Clause 63(2) still stands. As has already been said, although there certainly is a process of confirmation hearings, and they will be in public, at the end of the day, the police and crime commissioner can decide to go his or her own way if they do not like the views expressed to them by the panel.

Our view is that a position as an acting commissioner or deputy commissioner, whatever you wish to call it, should be in circumstances where the police and crime commissioner cannot do their job any longer, for whatever reason. The appointment should be made by the police and crime panel, and it should be an appointment from within the ranks of the police and crime panel for a very clear and fixed period.

I await the Minister’s response to the concerns that have been raised because, subject to what the Minister says in reply, it appears as though the deputy police and crime commissioner, who could simply be the commissioner’s chief finance officer or the chief executive, need not be an elected person and yet will seem to have very considerable powers of delegation.

I conclude on those points. It is largely a series of questions. I have certainly indicated our view on the appointment of an acting commissioner. It is, in fact, covered by an amendment that will be dealt with later on, but it is one of the difficulties of considering what appears to be a quite significant change by the Government in relation to amendments that were effectively put down only yesterday when we were already on Report on the Bill.

[Baroness Browning]

My Lords, I apologised to the House earlier, and I appreciate that it has caused inconvenience, not least to the government Front Bench. I hope that the noble Lord, Lord Rosser, has accepted my apology. It was genuinely meant.

[Lord Rosser]

I certainly accept the apology. I have no intention of seeking to imply that I do not, but I am just reiterating. I know that the Minister knows the difficulties that have been caused.

[Baroness Browning]

I am grateful to the noble Lord. I shall pick up some of the points just raised before giving a fuller explanation. The appointment, suspension or dismissal of a chief constable, which was raised by the noble Baroness, Lady Henig, cannot be carried out by the deputy; nor can setting the precept, which the noble Baroness specifically asked about. There are proscriptions on what the deputy can do and the delegation of powers to a deputy would be subject to paragraph (b) in Amendment 63. Such powers would be restricted. However, I want to make it absolutely clear that the PCC has ultimate responsibility for whatever he or she delegates to the deputy. Whatever decisions are made in the areas where the deputy is able to act, the PCC is the person who will be answerable. There is no question that the PCC’s responsibility and accountability to the police and crime panel, and ultimately to the general public who elected him or her, is in any way reduced by delegating specific functions or authority to the deputy.

Several questions have been asked. I shall pick up the point which the noble Lord, Lord Beecham, raised about whether the deputy can be a member of the PCC’s staff. As a member of staff, when the deputy exercises a power he or she does so in the name of the PCC. As the PCC will, as I said, retain ultimate responsibility for it, wide powers are being conferred on the deputy. The deputy will be regarded as a member of the PCC’s staff for that purpose, so the checks and balances will apply as much to him or her, as a member of the PCC’s staff, as to anyone else carrying out a function within that office.

--- Later in debate ---

[Baroness Browning]

No, PCPs will not be part of that but of course the new amendment gives them an opportunity to be part of a confirmation process for those appointments. If for some reason the PCC decided to part with the services of the chief finance officer or the chief executive, that PCC would still be accountable to the panel for the reasons why they had done so. There is still that link of accountability, they are answerable to the panel, and if the panel was concerned about the circumstances around that I would expect it to call a scrutiny hearing to find out what had happened and why. I suspect that it would be pretty alert if there was a really serious problem brewing as a result of that.

[Lord Rosser]

Will the noble Baroness confirm that under proposed new paragraph 7B(1) in Amendment 6—it states that the police and crime commissioner must notify the panel of proposed appointments of the three posts of the chief executive, the chief finance officer and the deputy police and crime commissioner—the deputy police and crime commissioner can also be the commissioner’s chief finance officer and that, although they are three positions, they do not have to be held by three separate people?

[Baroness Browning]

I believe that the noble Lord asked me whether the deputy chief and crime commissioner could also be the finance officer. No, he cannot because the finance officer position is politically restricted and a person could not do both jobs.

EU: Justice and Home Affairs

Debate between Baroness Browning and Lord Rosser

Wednesday 22nd June 2011 Grand Committee

[Baroness Browning]

My Lords, I think that the noble Lord is trying to seduce me into setting out the wording of a decision that has yet to be made, and I am not in a position to do that. Therefore, I am sorry to disappoint him but, as I understood it, his initial concern was about whether the important commitment to both Houses remains good. It certainly does.

The noble Lord, Lord Rosser, asked about forthcoming decisions. I am going to read out a very short list and I assure the Committee that I shall not take up too much time in doing so. Forthcoming decisions—ones that are about to be published and will require an opt-in decision—include: the directive on the rights and support of victims of crime; the European protection order civil measure; the recast asylum procedures directive; the recast asylum qualification directive; the EU/Australia PNR arrangements; the EU/US PNR arrangements; the EU/Canada PNR arrangements; the proposed regulation on the freezing of bank accounts in the European Union; and the proposal for a directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. I hope that he will also find helpful the commitment I have given to the noble Lord, Lord Hannay, on the six-monthly updates. That information will be extremely helpful to the Scrutiny Committee and across the wider House. The noble Lord asked about the 2014 opt-out decision. I hope he feels that I have given a comprehensive answer to that point, which was raised by several other noble Lords.

[Lord Rosser]

I suspect that I may not get an answer to that, but I asked whether it was felt that either alternative would constitute a change in the treaty and would require a referendum: that is, whether the decision either to opt in or not to opt in to ECJ jurisdiction would be regarded as a change in the treaty and would require a referendum.

[Baroness Browning]

My Lords, I will need to write to the noble Lord on that important point. Our refusal or acceptance of ECJ jurisdiction does not constitute a change that requires a referendum. However, I will write to him explaining why that is the case. The noble Lord also asked about the need to renew the provision after three years following the entry into force of the security measures in the Lisbon treaty. I will also need to write to him on that matter.

I am most grateful to everyone who has taken part in this debate. In closing, I would like to take a quick look to the future. We cannot say with complete certainty exactly what proposals over the next year will require an opt-in decision. In the report, we have indicated what we expect to happen, based on work programmes and discussions with our European partners. We will try to update that with a six-monthly paper.

The Government have been very clear that they will take these decisions on a case-by-case basis, so I hope noble Lords will understand that it would not be appropriate for me to comment at this point on whether we will opt in to any particular new proposal that might be brought forward in the next few months. However, I can reiterate our commitment, as set out by the noble Lord, Lord Howell, in his Written Ministerial Statement of 21 January, to give Parliament as much opportunity as possible to comment on and influence future opt-in decisions. The Government take very seriously the commitments contained in that Statement to give Parliament more say in opt-in decisions. It is very important that we make these new arrangements work. I am grateful for the suggestions made in today’s debate, which we will take forward.

Between now and the Summer Recess we have decisions to make on recast proposals on asylum reception conditions and asylum procedures, on a directive on access to a lawyer and on a proposal regarding the rights of victims in criminal proceedings. Those issues are included in the list that I recited to the noble Lord, Lord Rosser. We await the views of the European Union Committee on those proposals and will report our decisions to both Houses. The next annual report, covering the period 1 December 2010 to 30 November 2011, will be laid before the House in due course. I will use every endeavour to ensure that there is not such a long gap between that report being laid and the opportunity for the House to debate it.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Thursday 16th June 2011 Lords Chamber

[Lord Rosser]

Perhaps I may raise one point. My memory may have failed, in which case I am sure it will be pointed out to me. In the proceedings in the other place, some surprise was expressed when the Minister said that a loud radio would be regarded as amplified noise equipment. Is the Minister able to say any more about the definition of amplified noise equipment? I appreciate that it is dealt with in Clause 144(4), but if someone came along with a radio, some of which can be pretty loud, and played it, would that be regarded as being amplified noise equipment or not?

[Baroness Browning]

My Lords, in responding to Amendment 244ZB and its linked amendments, it is important to re-emphasise why the Government are bringing forward this package of reforms. Parliament Square is a World Heritage Site surrounded, as we know, by important historic buildings such as Westminster Abbey. Its location opposite the Houses of Parliament makes it a focus for protests, and rightly so. This means that we need to balance the competing and legitimate needs of members of the public who come to the area as protestors and of Members of Parliament and others who need to be able to carry out their daily work and enjoy the space as visitors. This extends to the use of amplified noise equipment as much as to encampments.

However, the Government recognise that the use of loudhailers is linked to freedom of expression in a way that erecting a tent is not. The package of reforms accordingly puts lesser restrictions on the use of loudspeakers than on the erection of tents. It does this by putting in place a proportionate authorisation scheme which balances competing rights, so using a loudhailer is a prohibited activity only if it has not been authorised. The authorisation regime set out in Clause 148 applies to a much smaller area than the SOCPA provisions which the Government are repealing. This is in line with the Government’s determination to take an approach based on evidenced problems of the misuse of loudhailers in Parliament Square. The amendments would mean that there would be no regulation whatever on the use of items such as loudhailers and loudspeakers. Not only would this be an abdication of responsibility to deal with the noise nuisance that has plagued Parliament Square for many years, it would also risk causing difficulties where a number of competing protests are taking place.

I will not go into great detail on this. I give way to the noble Lord.

--- Later in debate ---

[Baroness Browning]

My Lords, my noble friend Lady Doocey has put forward the assertion that it is not in the interests of the Metropolitan Police Service for the model to be implemented in London before the Olympics due to the potential impact on the operational delivery of policing within London. I have to say to my noble friend—and I know she has heard this also from my right honourable friend the Policing Minister in person on a number of occasions—that not just the Mayor of London but the Commissioner of the Metropolis is also keen for the transition from MPA governance to that of the Mayor's Office for Policing and Crime as soon as possible after Royal Assent is achieved for this Bill.

I appreciate that my noble friend’s concerns that moving to the new system of governance ahead of the Olympics will require the membership of the newly established police and crime panel in London to be brought up to speed on the intricacies of the Olympic operation in London, which the Metropolitan Police will co-ordinate with the support of other forces in England and Wales. However, I would stress that the key decision-makers around this operation within London, the Mayor for London and the Commissioner of the Metropolis, will remain the same if the transfer from one system of governance to the other takes place before May 2012. Of course, we cannot predict the outcome of the mayoral election in May 2012. It may be the case that in May next year the commissioner will be briefing a new mayoral team on the policing arrangements for the Olympics. But that is a possibility that arises whenever we commence the provisions in the Bill. The point is that commencing the provisions before May 2012 would not create any additional disruption.

I am sorry that I cannot say more to my noble friend. I know that she has had several conversations with my right honourable friend in another place about this since she originally raised these concerns. I am obviously very happy to talk to her about it again, but we have double-checked that there is no real concern with the mayor or the commissioner. That is the response sought specifically in relation to the concerns that my noble friend raised previously.

We have already debated at some length the merits of pilots, and it is the Government's view that pilots should not take place, as this would create two models of governance within England and Wales for a police service that on a daily basis interacts and collaborates across force boundaries. We have also made it clear that the Government do not believe it necessary for HMIC to conduct a feasibility study into the coalition Government’s manifesto commitment. HMIC has already provided sound evidence of the need for reform and greater accountability and transparency to be introduced within the policing landscape within England and Wales.

I am grateful to the many noble Lords who have made their views known during the Committee stage of this Bill. I am also grateful for the meetings that I have had with Members across the House on Part 1 of the Bill. I hope to meet as many concerns as possible when we return at Report, but I am unable to accept the amendments before the House tonight, and I invite the noble Lord to withdraw his amendment.

[Lord Rosser]

I thank the Minister for that response, which I have to say was not entirely a surprise. The Minister has said on more than one occasion that the Government are listening. We will await and see what impact that has at Report before considering whether or not to pursue this matter at that stage. In the mean time, I beg leave to withdraw the amendment.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Thursday 9th June 2011 Lords Chamber

[Baroness Browning]

In reply to the noble Lord, standards and governance would not be something we would wish to put in the Bill. It might well be something that would come out later in guidance, but I would not expect it to be in the Bill itself.

[Lord Rosser]

First, I thank all those noble Lords who have spoken in this debate, which has clearly raised a number of serious and important issues. I am left with the impression that the Government, in their enthusiasm in the Localism Bill to abolish the Standards Board, probably overlooked the significance of that decision for this Bill. I think that is why the Minister has been a little on the defensive during these exchanges. I do not think there has been as much joined-up thinking as the Government would sometimes wish us to imagine that there is. A fairly powerful case has been made for continuing guidance in order to promote and maintain high standards and conduct by the members of the bodies that we are talking about within this particular Bill.

I have to say I am not entirely clear—and I would be grateful if the Minister could clear this up—what she has or has not agreed to do. She has made references during this debate to still being in discussion with colleagues. However, I am not clear what the Minister is saying she is still looking at and, by inference, whether she might be coming back to this House at a later date; or even if she is saying that she is looking at some of the issues that are raised by my amendment and will be coming back to the House with further thoughts. There may be no further change at all, but will she be coming back to this House to let us know the result of these discussions she is having with colleagues?

[Baroness Browning]

I am grateful to the noble Lord and perhaps I can just clarify that. These discussions between the Home Office and CLG are ongoing and I cannot give the House a definitive answer today as to the conclusions. However, I will promise that as soon as they are concluded—which I hope will be shortly—I will write to noble Lords and place a letter in the Library.

[Lord Rosser]

Will the Minister just say what issues these discussions are covering?

[Baroness Browning]

My Lords, I do not want to be too defensive on this but it is a matter that we are looking at. With the abolition of the Standards Board, we need to make sure that that piece of legislation does not have an adverse effect on this particular Bill, therefore there are some discussions going on as to how we resolve the matter and in which piece of legislation we may or may not want to make any changes. It is on that basis that discussions are being taken forward.

[Lord Rosser]

I will at this stage leave it at that. I thank the Minister for that further information. I hope that it does lead to some changes to the Bill because the case has been made fairly strongly and powerfully for at least the continuation of guidance on promoting and maintaining high standards of conduct in relation to panels that certainly will be subject to a high level of public scrutiny, bearing in mind the role that they are going to have. However, I will at this stage leave it at that and I beg leave to withdraw my amendment.

Child Trafficking

Debate between Baroness Browning and Lord Rosser

Thursday 9th June 2011 Lords Chamber

[Baroness Browning]

My Lords, I can give that assurance. It is something that we are already looking at. As a new Minister, I had my initial briefing from the UK Border Agency. One of the first questions I asked was: what happens at passport control for children coming into this country who are not accompanied by a parent? Of course, there are quite legitimate reasons why children would come in from overseas with an adult relative, but we are aware of some of the case histories—the Victoria Climbié case comes to mind in particular. It is very difficult to say how we address in the short term the passport arrangements for other countries, but we should focus on it to ensure that we pick up those children at that early stage, at the border when they come into this country, rather than later when so much damage has been done.

[Lord Rosser]

My Lords, the Government have just announced proposals to merge the highly effective Child Exploitation and Online Protection agency into a new national crime agency. Of course, the previous head of CEOP resigned from the agency after seeing the Government's plans and has said that the submerging of CEOP within a far greater entity will not allow the critical child protection focus that we need. Where will responsibility for combating child trafficking lie within the proposed national crime agency? Does the fact that the Government have said that the cost of the new national crime agency will not exceed the aggregate cost of its predecessors, when the Child Exploitation and Online Protection agency is to suffer a 10 per cent reduction in its budget, simply confirm that it is highly vulnerable children who are likely to be in the firing line from the Government's decision to ram through cuts that are too fast and too deep?

[Baroness Browning]

My Lords, I quite disagree with the noble Lord. The announcement yesterday of the national crime agency means that we will set up a body which will have four pillars—which will not be silos; they will work together—of which child protection is a key part. The whole agency will be responsible for gathering intelligence, analysis of that intelligence and a crime-fighting force that will not just be based in the capital but will interact with police forces around the country.

The problems that we face in areas such as trafficking do not confine themselves to local police force borders. Children and adults who have been trafficked are moved around. They are, in effect, in slavery and may not be in the place where they came into the country. That is organised crime and it recognises no borders. I believe that the national crime agency will bear down on that, as it will in other areas of organised crime.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Tuesday 24th May 2011 Lords Chamber

[Baroness Browning]

My Lords, this has been a very interesting debate. I am very grateful to noble Lords for the history that has been contributed. Not much of it appeared in my notes but it has helped me to put into context the City of London and the role of its police. I hope noble Lords will not mind if I begin by paying tribute to that police force. It is a small force but it has in recent times dealt with significant investigations and major incidents. It has dealt with them and acquitted itself extremely well. Because of its position it has a national role. I hear what has been said about the movement of financial services around not only the country but the globe. None the less, the force has taken a lead in tackling white-collar crime that continues today.

When the noble Lord, Lord Harris, began, I thought this would be one of those sublime moments when, as a politician, one could sit back, listen to two arguments and make up one’s mind as to which was the more persuasive. As a Minister, I do not have that luxury, as Members will know, more is the pity. It would be very nice to do so. However, the noble Lord, Lord Harris, lost me when he mentioned motoring offences in comparison with what my noble friend Lord Brooke of Sutton Mandeville said about the much more significant and recent role that this police force has played. Neither the Mayor of London nor the Metropolitan Police Authority has a role in the governance of the City of London Police.

The position of the Common Council as the police authority for the City of London Police has, as we have heard, remained essentially unchanged. It was not altered by the Police Act 1996, which created the police authorities that currently exist outside London. Nor, I have to say to the noble Lord, Lord Rosser, was it changed when his Government introduced the Greater London Authority Act 1999, which created the Metropolitan Police Authority. Therefore, when he asked me why we are not doing this and said that the amendments are reasonable, I noted that he did not refer at all to what his own Government did. I assume they, too, when they were legislating for London would have looked at this issue. There was no offering or crumb there to persuade me that the previous Labour Government looked at this and decided that it was an appropriate thing to do.

[Lord Rosser]

The Minister’s argument is that she has been so overwhelmed by the decision of the previous Labour Government that it cannot possibly be challenged or questioned. Is that the argument for keeping the City of London Police?

[Baroness Browning]

Not at all, my Lords. We studied very closely the actions or lack of actions of the previous Labour Government. I assure the noble Lord that they are on our radar screen all the time. However, we have this situation not just because of the many years that the City of London Police has been in place but because of the exemplary way in which it conducts itself. The size of the population of the City of London has been mentioned. There are 8,000 voters but one must put that in the context of there being 25 wards in the City, of which only four have residents. To translate that into representation would be quite complex. The City of London is unique and has unique policing governance to recognise that fact. I suspect that various Governments down the years have looked at this and probably all came to the same conclusion. It operates on a non-party political basis through its lord mayor, aldermen and the members of the Court of Common Council. The governance is tailored to the particular institutions and traditions of the City of London. I am sorry to disappoint your Lordships, but it is not my intention to change that tonight. I hope the noble Lord will withdraw his amendment.

--- Later in debate ---

[Lord Rosser]

One reads with interest the amendment, which, as my noble friend Lord Harris of Haringey said, provides for the deputy mayor for policing and crime to be elected, on the basis that it ought to be done on the same terms as the Government proposed for everywhere else in the country under the Bill, namely, for the police commissioner to be directly elected. Clearly, as long as the Bill remains as it is, where there is no elected police commissioner, we will not press for the deputy mayor for policing and crime to be elected. We will be consistent and say that we will stick with the same arrangement in London as the Bill currently has, having been amended by your Lordships' House.

If the Government are to make an effort in future to restore elected police and crime commissioners to the Bill, it would appear rather odd if they did not also say that, if that is what is to happen outside London, Londoners should also be able directly to elect the person who in reality will be responsible for policing. The arrangement that we appear to have at present is for an elected mayor to appoint a deputy mayor, who takes over the role that, if the Government get their way, an elected police commissioner will have elsewhere. I suppose the only parallel—although it is hardly a parallel—is that, if we had elected police commissioners and one were suspended or otherwise unable to operate, that elected police commissioner would, as the Bill stands, appoint someone from their own staff to act in their stead. The arrangement that we appear to be moving towards in London is not that of the mayor waiting to be suspended or otherwise unable to act before appointing someone, but that the mayor, immediately he or she comes into office, appoints someone else to act as the deputy mayor responsible for policing and crime.

We look forward to the Minister’s response on this. As I said, as long as the Bill remains as it is without elected police commissioners, we do not wish to be inconsistent by saying that the deputy mayor for policing and crime in London should be elected. However, if the Government intend to try to restore elected police commissioners to the Bill, we look forward to their explanation of why they think Londoners should not be able to elect the person responsible for policing as well.

[Baroness Browning]

My Lords, these amendments would prevent the mayor holding the mayor’s office for policing and crime and would instead create an elected deputy mayor for policing and crime to hold that office.

This Government’s policy is to introduce a directly elected police and crime commissioner in every force area in England and Wales outside London but, as your Lordships are only too well aware, these provisions have been removed from the Bill. It therefore seems rather odd that your Lordships should now be debating whether those self-same provisions should apply to the Metropolitan Police Service. I noted the comments of the noble Lord, Lord Rosser, about wanting to remain consistent. However, having struck out from the Bill the part that proposed elected police and crime commissioners, your Lordships now seem to be applying the same arguments to elect the deputy mayor for London.

The Government had not intended to introduce a new elected person to hold the police to account in London for the very simple reason that the whole of London already elects a single person to take responsibility for strategic issues such as policing, and that of course is the Mayor of London. The mayor is in the unique position of having responsibility for a whole force area and, as such, it seems sensible for him to have overall responsibility for holding the police to account as well.

The amendment would create a situation in which both the mayor and the deputy mayor had a direct democratic mandate across a whole force area, although they might have different ideas about what should happen. I do not think that that could work. It is right and fitting that the mayor should take on formal responsibility for holding the Metropolitan Police to account and, in turn, the mayor should be directly accountable to the public for how that is done. I am tempted to say to the noble Lord, Lord Harris of Haringey, “Nice try”, but I regret that I am not able to accept his amendment.

Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Rosser

Tuesday 24th May 2011 Lords Chamber

[Lord Rosser]

My Lords, my noble friend Lady Henig and the noble Baroness, Lady Hamwee, have explained the purpose of their amendments, which we are discussing. I want to refer only to one or two aspects.

This group of amendments seeks to address the considerable powers that are given virtually unchecked and unchallenged under the Bill to police and crime commissioners, while very little meaningful power or responsibility is given to the new police and crime panels. As my noble friend Lady Henig has said, the Bill provides for the Secretary of State to determine a commissioner’s salary. We know very little about how the Secretary of State might do this. At one stage, certainly in the media, there were suggestions of six- figure salaries, though it now appears that the Senior Salaries Review Body may be called in.

However, that raises the issue of why the Secretary of State wants to determine directly the salary of a police and crime commissioner. As has been said, the approach seems at odds with the Government’s declared stance of devolving responsibility as far down the line as they can. Is the view that Whitehall knows best on this issue? Is the Secretary of State of the view that each commissioner should be paid the same irrespective of the geographical size and diversity of the area covered, the population of the area, the size of the budget and of the force and the levels of crime? Or is the Secretary of State of the view that commissioners’ salaries should differ? If so, what factors does she consider should be taken into account? How will she take into account any specific local or area factors? Does she intend to take into account the views of the police and crime panels or, indeed, the views of anybody else other than those of the Senior Salaries Review Body, if that is to be used?

I acknowledge the concerns that the noble Lord, Lord Brooke of Sutton Mandeville, and probably others, have about some of the salaries that are paid to chief executives of local authorities. But if you devolve responsibility and you believe that that is right, you have to accept the consequences and not simply say that because you are concerned about what might happen you will automatically keep everything at the centre. Of course, the salary of a local authority chief executive is, in that sense, determined by the local authority members, as are the salaries, if any, to be paid to council members and the council leader. One of the amendments spoken to by my noble friend Lady Henig provides for the salary of a police and crime commissioner to be determined by the police and crime panel. The panel should be in a better position than the Secretary of State to know what salary will be appropriate to the responsibilities and complexities of the position, and what salary is likely to be needed to attract appropriate candidates for the position. It could be argued that that would also enhance the position of the panel and provide a check by the panel to the largely untrammelled authority and power given to a commissioner under the terms of the Bill.

We have discussed other amendments relating to the ability to enter into contracts. As was said by the noble Baroness, Lady Hamwee, the amendments were intended, at least in part, to probe what powers the Bill seeks to give or to remove. We have heard concerns expressed by my noble friend Lord Harris of Haringey about some of the amendments spoken to by the noble Baroness.

I hope that because most of my comments related to the determination of the salary the Minister will recognise the concerns behind the amendments on salaries, reflect that in her response, respond to the concerns expressed by my noble friend Lord Harris about the provision that appears to prohibit an elected policing body from entering into a collaboration agreement with another elected local policing body, and explain the Government’s thinking behind that.

[Baroness Browning]

My Lords, the Bill provides for the Home Secretary to determine the salary of Police and Crime Commissioners. These are unique positions, being directly elected. The Home Secretary has asked the Senior Salaries Review Board to make recommendations to the appropriate levels of pay by September this year. The SSRB is now calling for evidence to help it to decide on its recommendations. Furthermore, the SSRB will consult with partners as it considers appropriate, and this will ensure further that its recommendation takes into account the views of relevant groups.

Specifically, the Home Secretary has asked the SSRB to recommend pay arrangements that are adequate to encourage, retain and motivate candidates of sufficient quality; recognise the extremely challenging fiscal climate and wider constraints of public funding; meet the demands and expectations of the public in terms of getting value for money; reflect the essence of the role as an elected public figurehead and ambassador; provide transparency and robustness in determining PCC pay levels; recommend an approach to establishing PCC pay levels that is simple to administer and is based on a range of single salary points pay structures; and take account of, where applicable, the salary levels and responsibilities of other similar roles in the wider public sector, including elected executive mayors, MPs and MEPs. We believe that these requirements will ensure a fair pay level for PCCs, which I believe is the concern expressed by noble Lords.

The salary payable to a chief constable is one benchmark, but only one. There are other criteria that must be considered, such as demographics. In any event, the job of a chief constable is very different to that of a PCC. The SSRB provides independent advice to the Prime Minister, the Lord Chancellor and the Secretary of State for Defence on the remuneration of holders of judicial office, senior civil servants, senior officers of the armed forces, and other such public appointments as may from time to time be specified. We believe that the SSRB is the right body to provide independent advice on the levels of PCCs’ salaries. Noble Lords have said that these are probing amendments, and I therefore ask for them to be withdrawn or not moved.

I turn now to contracts. The wording used in the Bill,

“contracts and other agreements (whether legally binding or not)”,

is designed to make it clear that the mayor’s office and the PCC can enter into contracts—in other words, agreements creating legal rights and liabilities, and agreements with no legal force, such as memoranda of understanding, protocols or service-level agreements. If the proposed amendments were made, the Bill would merely refer to “agreements”. Because a legally binding contract is a kind of agreement, we would say that the PCC would still be able to enter into a contract and there would not actually be any effect on the scope of the PCC’s powers.

I turn now to the amendments in relation to protection from personal liability. I understand that the intention is to reduce the protection available to the office of the PCC and its staff by reversing the burden of proof in relation to whether a questioned act or omission was done in good faith. Under the Bill as it stands, a person who challenged an act or omission of the PCC would have to prove that it was done in bad faith. The effect of the amendments would be that it would be for the PCC to prove that the questioned act was done in good faith. The concern here is with civil proceedings where the standard of proof is on the balance of probabilities. Whether it is the claimant who has to prove that it is more likely than not that the PCC acted in bad faith, or the PCC who has to prove that it is more likely than not that it acted in good faith, is unlikely to matter in most cases.

I should also stress that these provisions are concerned only with the personal liability of the person holding the office of commissioner for policing and crime and their employees. The provisions do not restrict the liability of the office itself, and a claimant harmed by an act or omission of the PCC or their staff in the exercise of their functions would still have legal redress against the office.

Bearing in mind the high-profile nature of the role of the PCC and the difficult issues that it will have to deal with, it may be a tempting target for legal challenge. We would not want the office or its staff to carry out their duties in a defensive fashion, out of fear of attracting personal legal liability for their actions. Rather, the Bill as drafted strikes the right balance in allowing the legitimate claimant legal redress, while giving the PCC a sensible level of legal protection.

Much has been said about the supply of goods and services. I should stress that Clause 15(3) merely replicates Section 18(3) of the Police Act 1996, which applies to police authorities at present. The provision is not new. Noble Lords asked particularly about this, and perhaps I may examine what the amendments would do. We do not believe that there is a particular advantage in using the Local Authorities (Goods and Services) Act 1970 with policing partners instead of the Police Act collaboration agreement provisions. The 1970 Act simply allows for agreements to be made about the provision of goods and services. However, when both parties concerned are policing bodies, making an agreement under the 1970 Act would circumvent the safeguards in the police collaboration provisions of the Police Act 1996, which would take priority. For example, there would be no requirement to have regard to any guidance issued by the Home Secretary to provide advice on best practice in drawing up agreements, and there would be no requirement for consultation with the relevant chief constables before making the agreement.

Other noble Lords have raised the matter of panels in this group of amendments. Although I recognise the intention to ensure that all panels, regardless of how they are established, are treated equally in the provision of financial resources, that is already the case. It is for that reason that I resist the amendments. Funding for all panels will be borne by the Secretary of State, regardless of whether they are established by local authorities or by the Secretary of State. For panels established by local authorities, paragraph 11 of Schedule 6 makes clear that it is for local authorities themselves to decide how that money is paid to or distributed between themselves. The Secretary of State will provide funds amounting to those required for a scrutiny officer and to cover running costs of meetings, which will be distributed at the discretion of the legal authority. That leaves local authorities the freedom to establish their own processes.

For panels established by the Secretary of State, in the case of Wales, or where no panel was formed under other circumstances, it cannot be left to local authorities to make those arrangements. In those cases, the Secretary of State will work directly with the panel to provide financial resources. That is what paragraph 20 of Schedule 6 provides. The liabilities of police and crime panels established by local authorities will be borne by the relevant local authorities, as they are with other local authority committees. The liabilities relating to panels established by the Secretary of State will be borne by the Secretary of State.

If I have not answered any specific questions, some of which were quite technical, I apologise and I will ensure that they are responded to by letter. I hope that, under the circumstances, the noble Baroness will withdraw her amendment.

--- Later in debate ---

[Baroness Browning]

The noble Lord is quite right to chide me. In fact, as I was saying it, I remembered my words to him earlier; they were ringing in the back of my mind. This is not about the electorate; this is about the motivations of the candidate who is not as worthy as we would like to apply for these positions. If the salary has been set by a body such as the SSRB, through the Home Secretary, it is complete and divorced from anything that a candidate might say in seeking to put themselves forward or any questions a candidate may be asked during their selection.

[Lord Rosser]

I hope that the noble Baroness would accept that even if the Secretary of State was determining the salary, someone could fight an election knowing what the salary was and running their campaign on the basis that they would send half of it back.

--- Later in debate ---

[Baroness Browning]

Off the top of my head, given that many people’s salaries are set by the SSRB—I declare an interest that for many years mine was—I do not recall any of them sending any of it back.

[Lord Rosser]

Does that not show that the fears just expressed by the Minister are unlikely ever to occur?

[Baroness Browning]

No, my Lords, because in another place, where I served for nearly 20 years, it was not an uncommon practice—not when one appeared before the electorate but in the selection process—for people to be asked about their financial position with a view to that influencing the selection process. I think it is much healthier to have that professionally assessed and divorced from anything to do with either the selection or the election of the police and crime commissioners.