Police Reform and Social Responsibility Bill

Debate between Baroness Browning and Lord Wasserman

Wednesday 29th June 2011 Lords Chamber

[Lord Wasserman]

This is not taking us in a circle. There are lessons that can be learnt from experience everywhere. We know this. We are talking now about piloting, as a series of limited experiments, a particular bit of legislation that is to be reviewed by an inspector of constabulary under research circumstances. That is quite different from learning lessons on general principles from experience around the world, rather than from particular bits of legislation.

The main point that I want to make about the proposed pilots is that any change—even change 3,000 miles away—takes time to take effect. It very much depends on relationships between individual PCCs—a point that has already been made—and individual chief constables. These changes and these relationships will take time to develop. One of our issues is with the time it will take to put these pilots into effect. Your Lordships will remember that, some time ago, in a debate in this House about fixed-term Parliaments, many noble Lords made the point that four years was far too short a time to judge the success or failure of the Government. Now we are saying that four years will be sufficient to judge the effect of these new governance arrangements on the level of crime and anti-social behaviour in this country. I am sure that at the end of the four years, people will say that there has not been enough time to judge the changes. Also, some people will talk about the Hawthorne effect: the fact that the pilots have been successful simply because others have studied them. That is another example of how pilot studies can reach misleading conclusions.

For all those reasons, I do not think that, at this stage, a pilot is an appropriate way to judge the effectiveness of the changes. I suspect that what some noble Lords really want is not a programme of pilots but a staged roll-out programme. That is quite different. Although I have serious practical concerns about that, it is not the same as pilots, which are bits of political or social science research. We are now talking about pilots which must be evaluated before rollout begins, which might, as my noble friend, Lord Howard, pointed out, be as long as six years. We are discussing pilots. That would lead to a waste of time and money. It will prove nothing but will lead to dangerous uncertainty in an area of our national life—policing and public safety—where there is a well recognised and overdue need for change.

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

My Lords, as the Bill no longer contains the Government’s model for directly elected police and crime commissioners, the effect of accepting the amendments would be to delay implementation of that policy until after long and unnecessary pilots and the completion of a review by HMIC. As we do not support the new model, and will seek to overturn it when the Bill returns to another place, we cannot support the amendments. I have always been very clear with the House during Committee that the Government intend to overturn the deletion of the publicly elected police and crime commissioner from the Bill.

The noble Baroness, Lady Henig, referred to the number of speakers from the government Benches. I have had many conversations with colleagues on the government Benches. Having now been in the House for nearly a year, I appreciate that on both the Benches behind me and those in front of me there is an independence of spirit, regardless of party affiliation. I am convinced that if Members on the government Benches felt strongly opposed to what the Government are doing, they would certainly be standing up to speak. One cannot judge the number of speakers as a reflection of support or otherwise for the Bill. When a Division has been called to date on the Bill, government Members have turned out through the Lobby, as they did earlier tonight, expressing their support for the Bill.

I shall spend some time explaining why we do not support the amendments on directly elected police and crime commissioners. We have heard many speeches throughout the course of the Bill so far saying that this is a radical change; that we should pilot it before rolling it out; and that we need to ensure that we all understand how it would work in practice before we roll it out nationally. We still are not clear what happens if some forces go ahead as pilots, leaving the remainder behind. Put another way, on what basis will we decide who will be denied democratic control of their policing—in other words, on whom do we experiment? What about issues that arise across forces? Serious crime does not only occur within the force boundary. Interoperability across forces is key to tackling those issues, but with pilots, there would be two different forms of police governance running alongside each other, likely to cause confusion and delay in working across force boundaries. This would be confusing for police officers and for the public. It would also be unnecessarily costly.

For many changes in policy or process a pilot can be a good thing, as we have heard from some of the contributions tonight. However, it is clear that a pilot cannot work effectively when we are talking about policing governance and democratic accountability, as my noble friend Lord Howard of Lympne pointed out. Equally, we know that senior police officers share our concerns about pilots. We heard from the noble Lords, Lord Stevens of Kirkwhelpington and Lord Dear, who described this as a risky business. It is a risky business, and I believe that it would create an unequal situation that could potentially be quite damaging. The noble Lord, Lord Stevens of Kirkwhelpington, also spoke for the noble Lord, Lord Condon, in setting out his concerns to the House. I recall that in Committee the noble Lord, Lord Condon, said that this change needed to be,

“resolved in the quickest and best way possible”.—[Official Report, 24/5/11; col. 1698.]

Also, when evidence was given to the Public Bill Committee in the other place, the Assistant Commissioner, Lynne Owens, said:

“My nervousness about pilots is on how you would choose what those pilots are. One of the concerns of the chief police officers at the moment is how it aggregates to the whole. If you were to choose all large forces or all small forces, you might not fully understand the impact”.—[Official Report, Commons, Police Reform and Social Responsibility Bill Committee, 20/1/11; col. 106.]

Questions have been raised about the whole philosophy behind the Bill and about the concept of democratically elected police and crime commissioners. I shall not rehearse the strong evidence base for these reforms, having spoken to them at earlier stages of the Bill. They are based largely on HMIC findings, and I set out in Committee that HMIC has already provided more than enough information to justify them. Therefore, I believe that we should not delay these urgent reforms and distract HMIC from its already difficult and important task of inspecting the police by asking it to use valuable and finite resources to evaluate government policy.

To my noble friends who have spoken on this issue—and I understand that people hold very strong views about it—I point out that it was made perfectly clear in the coalition agreement that we would have PCCs during this Parliament. A pilot goes against both the spirit and the letter of the coalition agreement.

However, it is not just Conservatives and Liberal Democrats who have identified the need for reforms to policing governance; I believe that the Opposition support this concept. Only two years ago, when the shadow policing Minister in the other place was the policing Minister, he said that,

“only direct election, based on geographic constituencies, will deliver the strong connection to the public which is critical”.

He went on to say that,

“under the current system, 93 per cent of the country has no direct, elected representation. This is why we have proposed the Green Paper model; so that people know who to go to and are able to influence their policing through the ballot box”.

I fully accept that the former Labour Government, in presenting this Green Paper, were thinking of a different form of direct accountability from the one that we are considering in this Bill. However, the principle of direct accountability was there. In fact, the previous Government twice proposed a form of direct accountability for policing but they did not proceed with it. They encountered opposition, so I am sure they will understand that we have taken this policy forward with the knowledge that this matter has for a very long time been considered to be necessary by Governments of different political hues. This Government have brought it forward and now intend it to proceed.

The coalition Government share the view that police authority governance needs to be changed and that our democratic form of accountability is important. Change is needed and it is needed now. That is why we do not intend to be derailed by the suggestion of a pilot. I have to put it to the House that the real reason for these amendments is opposition to our preferred model.

The bottom line is that pilots would not be a helpful way to road-test the policy. My noble friend Lord Howard of Lympne used the words “wrecking amendments”, although he was cautious in suggesting that that was the motivation behind them. I do not suggest that these are wrecking amendments, but the outcome of such amendments if passed would have the same effect. You cannot have two systems of police governance running side by side. You cannot say to one area that they have a voice in democratically electing a PCC but say to another that they do not. It cannot be said that there is no mandate for these changes; it is set out quite clearly in the coalition agreement.